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Location: Malta
Malta
2017
Early election
EAM
Parliamentary
elections
Criminal liability for defamation and insult should be repealed and replaced with reasonable civil sanctions that do not limit free speech or threaten the economic survival of media outlets.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Media
Malta
2017
Early election
EAM
Parliamentary
elections
Consideration could be given to encouraging women’s political participation through the introduction of temporary special measures.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Candidate Registration
Malta
2022
Early election
EET
Parliamentary
elections
To enhance transparency and public confidence, consideration could be given to ensuring access to the meetings of the Electoral Commission for all stakeholders and to publishing the minutes of all meetings. Furthermore, all regulations and clarifications on electoral procedures should be adopted in formal sessions of the Electoral Commission by vote and duly published.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Malta
2022
Early election
EET
Parliamentary
elections
The legal framework should be harmonized with the objectives of the Convention on the Rights of Persons with Disabilities by removing all restrictions on voting rights on the basis of any kind of disability. The limitations imposed on convicted citizens should be reviewed in order to ensure proportionality with the committed crime.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Malta
2022
Early election
EET
Parliamentary
elections
In line with international standards and regulations, consideration should be given to safeguarding voter data privacy, while maintaining the ability for voters to verify their registration and for the independent scrutiny of voter lists.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Malta
2022
Early election
EET
Parliamentary
elections
The legal framework should be reviewed to enhance the oversight system, including by providing the Electoral Commission with adequate powers and resources to carry out a pro-active and efficient supervision, investigation and enforcement of political finance regulations. The Auditor General could be empowered to carry out pro-active investigations, and publish findings on the misuse of public resources for campaign purposes.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Political Party and Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
The Broadcasting Authority should monitor and enforce legal obligations for impartiality and accuracy in broadcasting and provide due remedies.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Malta
2022
Early election
EET
Parliamentary
elections
The appointment procedure for the members of the governing boards of the Broadcasting Authority and the Public Broadcasting Services should be brought in line with international standards and good practice to provide for independence and transparency. To ensure the public broadcaster’s editorial independence, the management should be selected through a transparent, competitive process and legal safeguards for its financial sustainability and autonomy should be enacted.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Malta
2022
Early election
EET
Parliamentary
elections
Consideration could be given to amending the legal framework in order to ensure the secrecy of voting for assisted voting and to adopt additional alternative voting methods.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voting, Counting and Announcement of Results
Malta
2022
Early election
EET
Parliamentary
elections
In order to ensure transparency and equal access to the counting process, the full electronic database with voters’ selections could be provided to all contestants.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voting, Counting and Announcement of Results
Malta
2022
Early election
EET
Parliamentary
elections
To provide for the effective implementation of OSCE commitments, the legal framework should be revised to guarantee the access of citizen and international observers to all stages of the electoral process.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Citizen and International Election Observation
Malta
2022
Early election
EET
Parliamentary
elections
The mechanism for enhancing women's representation could be revisited and revised, in consultation with stakeholders, well in advance of the next elections.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Malta
2022
Early election
EET
Parliamentary
elections
Political parties should also be encouraged to strengthen their efforts to support women’s participation through internal party policies and the integration of gender equality considerations in their platforms.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Malta
2022
Early election
EET
Parliamentary
elections
In line with international standards the Electoral Commission should provide sex-disaggregated data related to the election administration.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Malta
2022
Early election
EET
Parliamentary
elections
Consideration should be given to reviewing legal provisions for the appointment of individuals as both Assistant Electoral Commissioners and party agents to avoid any conflict of interest.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Malta
2022
Early election
EET
Parliamentary
elections
Consideration could be given to publishing disaggregated data on results per polling station.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Malta
2022
Early election
EET
Parliamentary
elections
To further facilitate political pluralism consideration could be given to the introduction of a meaningful public funding system for political parties, based on fair and reasonable criteria.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
To foster transparency, party-controlled entities should be subject to the same rules that govern the funding of the political parties.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
Consideration could be given to introducing measures to prevent disproportionate spending of political parties, such as, establishing limits on party’s campaign expenditure and regulating financing by third parties.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
To enhance transparency and enable voters to make informed choices, all election-related campaign materials should contain imprint data.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
Campaign finance regulations, and sanctions should be equally applied to all candidates. In order to increase the transparency of campaign funding, the law should be reviewed to unify reporting obligations for all the candidates.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
In order to maintain transparency in campaign financing and expenditure the Electoral Commission should publish all financial reports within legal deadlines and address the existing delays.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2022
Early election
EET
Parliamentary
elections
To enhance transparency and facilitate oversight, consideration could be given to lowering the public disclosure threshold on large donations and requiring donations above the threshold to be made through a designated bank account.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
Limitations on the right to stand for office could be reviewed to further enhance full compliance with OSCE commitments and other international obligations and standards.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Malta
2017
Early election
EAM
Parliamentary
elections
To enhance transparency and enable voters to make informed choices, authorities could consider introducing a requirement that all election-related campaign materials contain imprint data with information about the entity that ordered and paid for their production and display.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
Consideration should be given to amending the legal framework to explicitly provide full access to the electoral process for international and citizen observers.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Citizen and International Observation
Malta
2017
Early election
EAM
Parliamentary
elections
Consideration should be given to reviewing legal provisions for the appointment of individuals as both assistant commissioners and party agents to avoid any conflict of interest.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Malta
2017
Early election
EAM
Parliamentary
elections
Restrictions of voting rights for prisoners should be reviewed to ensure that any limitation is proportionate to the crime committed and clearly outlined in the law.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Malta
2017
Early election
EAM
Parliamentary
elections
The legislation should be harmonized with the objectives of the CRPD, to ensure the full voting rights of persons with various types of mental disabilities.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Malta
2017
Early election
EAM
Parliamentary
elections
The authorities could consider reviewing the voting card requirement to lower the election expenditure and eliminate the risk of disenfranchisement of voters not in possession of such cards on election day.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Malta
2017
Early election
EAM
Parliamentary
elections
To enhance transparency and facilitate oversight, consideration could be given to a requirement that donations above a certain amount only be made through a designated bank account. Moreover, authorities could consider requiring parties to record all donations and lowering the disclosure threshold.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
To assure equality among candidates and foster legal certainty, the ministerial power to change candidates’ spending ceiling could be reconsidered. Consideration could be given to adjust the spending limit based on a form of indexation rather than an absolute amount.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
To enhance transparency, parties’ elections-related income and expenditure should be made public shortly after the elections. Consideration could also be given to introducing a disclosure requirement on income and expenditure before election day.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
To improve the effectiveness of the sanctioning procedures, authorities could consider reviewing the legislation to allow anyone to initiate campaign finance violation proceedings without the necessary recourse to the Attorney General or the EC.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
To increase public trust and foster representation of wider political positions and societal interests, consideration could be given to revising the rules for the appointment of members of the broadcasting regulator and PBS management in a manner, which enhances independence.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Malta
2017
Early election
EAM
Parliamentary
elections
To enhance the transparency and accountability of the system of electoral dispute resolution, records of complaints and EC decisions should be published. Consideration should also be given to setting specific deadlines for the adjudication and publication of election-related complaints and appeals by the EC and the courts.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Malta
2017
Early election
EAM
Parliamentary
elections
Authorities should consider reforming provisions for assisted voting to ensure secrecy of the vote, in line with OSCE commitments and other international standards.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
Malta
2017
Early election
EAM
Parliamentary
elections
The EC should consider publishing detailed results of the elections disaggregated by municipality and polling stations to enhance transparency and voter confidence in the process.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
Malta
2017
Early election
EAM
Parliamentary
elections
Consideration could be given to eliminating the possibility for candidates to contest the elections in two districts and the holding of casual elections as this practice may distort competition and produce results that do not fully reflect the voters’ will.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
Malta
2017
Early election
EAM
Parliamentary
elections
The EC should consider a new ballot design where all parties and candidates are presented equally. Consideration should also be given to allowing all parties contesting the elections full and unimpeded access to all stages of the electoral process, including all facilities within the counting centre.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Malta
2017
Early election
EAM
Parliamentary
elections
To foster greater transparency and make the reporting system more effective, donations to parties and the entities they own should be subject to similar reporting and public disclosure requirements.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Political Party and Campaign Finance
Malta
2017
Early election
EAM
Parliamentary
elections
The electoral legal framework should be reviewed to address OSCE/ODIHR recommendations as well as to consolidate and harmonize the legislation and to address any ambiguities. Reform should be undertaken well in advance of the next elections and involve open consultation with all relevant stakeholders.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Legal Framework