The Parliamentary Ombudsman highlights Malta’s Commitment to the Venice Principles at Council of Europe Conference
Published March 28, 2025
The Parliamentary Ombudsman highlights Malta’s Commitment to the Venice Principles at Council of Europe Conference
Published March 28, 2025
The Parliamentary Ombudsman of Malta, Judge Emeritus Joseph Zammit McKeon, addressed a high-level workshop on the second day of the Conference for Ombudsman Institutions and National Human Rights Institutions (NHRIs), held under the auspices of the Luxembourg Presidency of the Committee of Ministers of the Council of Europe.
During the workshop titled “The Impact of the Venice Principles on Ombudsman Institutions in Europe and Beyond”, Judge Zammit McKeon focused on four key areas, outlining Malta’s efforts to align fully with the Venice Principles and strengthen its institutional framework in favour of good governance, human rights, and the rule of law.
Embracing the Venice Principles in Malta
The Ombudsman emphasised that Malta’s institution has embraced the core values of the Venice Principles, which define the Ombudsman as a key pillar in safeguarding democracy, ensuring good administration, and promoting and protecting human rights. He recalled how the establishment of the Ombudsman in 1995 was further consolidated through constitutional entrenchment in 2007 via Article 64A of the Constitution, and through significant legislative amendments in 2020 that reinforced the Office’s independence.
The Ombudsman also explained the practical structure of the institution, which includes specialised Commissioners in Environment and Planning, Health, and Education. Furthermore, he noted that all Ombudsman appointments in Malta have always been unanimous—reinforcing the requirement of a two-thirds majority in Parliament to protect institutional independence.
Venice Commission Opinions and their Influence on Malta
Judge Zammit McKeon acknowledged the Venice Commission's 2018 recommendation that Parliament should actively debate key Ombudsman reports. In response, Malta amended its Ombudsman Act in 2020 to require such debates. A clear example of this was the public inquiry report into the prison system issued by the Ombudsman in February 2025, which triggered wide public and political debate.
He also referenced the Ombudsman’s role in the Judicial Appointments Committee and the expansion of his powers to refer corruption-related evidence directly to the Attorney General—reforms that followed the Venice Commission’s opinions in 2020.
Regional Cooperation and the Role of the AOM
In his speech, the Ombudsman highlighted Malta’s leadership role within the Association of Mediterranean Ombudsmen (AOM), where it currently serves as Secretary-General and Treasurer. The AOM has been instrumental in encouraging the implementation of the Venice Principles across the Mediterranean and Black Sea regions. Through training, international dialogue, and upcoming initiatives such as the 2025 conference in Malta, the AOM continues to strengthen Ombudsman institutions in the region.
Toward an NHRI for Malta: A National Need Backed by International Support
The final part of the Ombudsman’s address focused on Malta’s ongoing efforts to become a fully recognised National Human Rights Institution (NHRI) in line with the UN Paris Principles. He reminded the audience that Malta is one of the few EU countries without such an institution, despite clear recommendations in EU Rule of Law Reports and international concern on the matter.
Judge Zammit McKeon explained the Office’s proactive steps: in November 2023, the Ombudsman submitted a new Ombudsman Bill to the Government, designed to widen its remit to include the promotion and protection of human rights. This proposal was developed in close consultation with ENNHRI, following Malta’s accession as an Associate Member in early 2024. The draft legislation reflects international best practices and includes provisions for human rights education, transparent appointment processes, and stronger institutional independence.
He concluded by welcoming the December 2024 UN General Assembly Resolution recognising the key role of Ombudsman institutions—particularly those acting as NHRIs—in advancing human rights, good governance, and the rule of law. This endorsement, he said, is a vital step forward and serves as added impetus for Malta to adopt the proposed reforms and establish its NHRI through the Office of the Ombudsman.
The full paper submitted by the Ombudsman for the conference will be made available here.
