92002E1632

WRITTEN QUESTION E-1632/02

by Richard Corbett (PSE) to the Commission

(10 June 2002)

Subject: Malta

Can the Commission confirm that, in Malta, it is illegal to criticise the Prime Minister in public? Does the Commission agree that this is an infringement of Article 10 (Freedom of Expression) of the European Convention on Human Rights, which states that Everyone has the right to freedom of expression.?

Does the Commission agree that such infringements of human rights may affect Malta's application to accede to the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(4 July 2002)

The Commission is not aware of the existence of any Maltese piece of legislation that would make it illegal to criticize the Prime Minister in public.

Article 41 of the Maltese constitution provides that:

Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinion without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

The Commission is not aware of any law that would limit the freedom of expression enshrined in the Constitution if this expression concerns the Prime Minister. On the contrary, reading the Maltese media confirms that it is a common and frequent practice in Malta to criticize the Prime Minister and the government.

The Commission stated in its 2001 Regular Report on Malta(1) that Malta continues to fulfil the Copenhagen political criteria and the authorities' record on democratic and human rights remains generally good. The Commission will continue to monitor the respect of fundamental human rights and in particular the freedom of expression in Malta.

(1) COM(2001) 700 final.