A group of lawyers calling themselves “Advocates for the rule of law” have taken out full-page adverts in The Sunday Times of Malta drawing attention to the failure of some of the nation’s top institutional posts. The adverts have caught the public’s imagination. A representative of the group – which numbers about 10 lawyers at its core but is helped by many others – spoke to this newspaper, which has decided to respect the group’s wish to remain anonymous.
Who are you?
We are a group of legal practitioners who got together and agreed that the situation in the country is verging on the dangerous. The straw that broke the camel’s back happened as we watched the events unfold following the latest Panama Papers-related allegations. One by one, the responsible institutions failed to act, and as time went by, it became evident that the rot had reached the core.
So are you campaigning for one theme?
No. The Panama Papers events were simply the trigger. Our concern is much wider, though. We can see the general breakdown of the rule of law in Malta represented by a regulatory failure and the abuse of power. The lack of transparency, of accountability and the absence of proper checks and balances are a clear sign of a system meltdown. The whole operating system is in danger and in need of repair, or better, an upgrade. Our concern is therefore not limited to current events but to the wider remit on the state of the institutions and improving the constitutional framework that keeps the country ticking.
Why are you acting now?
It may be a case of better late than never, but our aim is to provoke change and be part of it. We believe a blanket reform is necessary and that this must take place as soon as possible. The effects of a breakdown of the system of the rule of law in the long run can be devastating. Already we can see that crucial parts of the economy begin to suffer the huge damage to the reputation that a country may have when its regulatory system goes in tilt. That is just the beginning of a dangerous domino effect: a breakdown of the system will first affect crucial industries and sectors and as a consequence will affect the standard of living of each and every citizen in the country. It is not just the bread and butter of professionals but of the whole nation that depends on being fully functional to attract investment.
What exactly do you mean by “the rule of law”?
It is the principle that all people and institutions (whether you are the Prime Minister or a citizen) are subject to and accountable to law that is fairly applied and enforced.
Will you be publishing the names of the members of this group?
At this juncture we made a crucial choice to give priority to the message and not the messenger. Unfortunately, part of the way Maltese politics works is that people prefer to engage with the messenger, not the message. This detracts from proper discussion of content. By doing away with signatures and names, we allow our interlocutors to focus on the message that is being delivered.
Are you affiliated with any political party?
We are a group of legal practitioners from different backgrounds who have at different times voted for different parties. ‘Advocates for the rule of law’ is non-affiliated and has no ties to any particular party. We are best considered as a lobby group for constitutional reform which is prepared to contribute to public discussion in order to achieve this aim. We would also add that the issues that we are tackling impact all sectors of society and as such go beyond the concerns of mere legal practice.
What is the group trying to achieve?
We began working before the election campaign was ann-ounced (in fact, our first advert appeared before the election was called), and we believe that our purpose will not end with the election. Our aim is to continue to contribute to the discussion on constitutional and regulatory reform in a positive manner, even once the elections are over.
A stronger regulatory framework, a stronger system of representation and governance and a stronger, informed citizen are of benefit to all the nation.