Professional Ethics at Malta
Professional Ethics in Malta are grounded in European Union (EU) norms, national legislation, and long-standing legal and professional traditions. As an EU member state with a strong rule-of-law framework and a democratic system, Malta enforces professional ethics across sectors through statutory codes, regulatory authorities, and professional associations. The country also faces scrutiny and reform pressures, especially related to public integrity and anti-corruption.
1. Definition of Professional Ethics in Malta
Professional ethics in Malta refer to the principles and standards that govern behavior in different professions. These ethics promote:
Integrity – Acting with honesty and strong moral principles.
Accountability – Taking responsibility for actions and decisions.
Transparency – Ensuring openness in decision-making processes.
Confidentiality – Respecting and protecting sensitive information.
Fairness and impartiality – Avoiding discrimination and conflicts of interest.
Competence – Maintaining high professional standards through ongoing education and skill development.
2. Legal and Institutional Framework
Malta’s professional ethics are enforced through a combination of national laws, EU directives, and sector-specific codes:
The Constitution of Malta: Establishes the framework for ethical public administration and guarantees basic rights like equality and justice.
Public Administration Act: Defines ethical standards for civil servants, emphasizing impartiality, accountability, and service to the public interest.
Professional Bodies and Regulatory Authorities:
Malta Financial Services Authority (MFSA) – Oversees ethical behavior in finance and banking.
Malta Chamber of Commerce – Issues ethical guidelines for business and trade.
Medical Council of Malta – Regulates ethical conduct of medical professionals.
Malta Chamber of Advocates – Enforces ethics in the legal profession.
Accountancy Board – Monitors accountants and auditors under EU and national ethical standards.
3. Sector-Specific Professional Ethics
a. Public Service
Governed by the Public Administration Act and Code of Ethics for Public Employees.
Key ethical principles include:
Political neutrality
Integrity and loyalty to public interest
Non-discrimination
Challenges: Perceptions of nepotism and favoritism, especially in appointments, have led to calls for stricter transparency measures.
b. Healthcare
Doctors, nurses, and allied health professionals are regulated by the Medical Council of Malta and the Health Care Professions Act.
Ethical guidelines include:
Patient confidentiality
Informed consent
Non-maleficence and duty of care
Challenges: Resource strain and public-private overlap may raise ethical issues regarding access and impartiality.
c. Legal Profession
Lawyers are regulated by the Malta Chamber of Advocates, which enforces a strict code of ethics.
Principles include:
Confidentiality
Avoiding conflicts of interest
Duty to the court and justice
Challenges: Maintaining independence in a small legal community can sometimes create ethical dilemmas.
d. Finance and Accounting
Governed by MFSA and Accountancy Board, with alignment to EU ethics guidelines (e.g. IESBA Code of Ethics for accountants).
Core ethics:
Accuracy in financial reporting
Objectivity and independence in auditing
Anti-money laundering compliance
Challenges: Malta has faced EU scrutiny regarding financial oversight, money laundering risks, and reputational concerns linked to corporate services.
e. Education
Teachers and education administrators follow codes of conduct issued by the Ministry for Education.
Ethical expectations include:
Fair and impartial student treatment
Academic integrity
Professional boundaries and behavior
Challenges: Addressing bias, academic dishonesty, and maintaining neutrality in a politically sensitive environment.
4. Cultural and EU Influences
Catholic traditions historically shaped Maltese values like trust, loyalty, and communal responsibility.
EU Membership has deepened expectations of transparency, integrity, and public accountability, influencing reforms in governance and finance.
Small-community dynamics: Malta’s close-knit society can blur lines between personal and professional relationships, raising ethical considerations around favoritism and impartiality.
5. Ongoing Ethical Challenges
Corruption and political influence: High-profile scandals, including the assassination of journalist Daphne Caruana Galizia (2017), prompted reforms and EU pressure for improved governance.
Conflict of interest: Particularly in appointments and procurement within public administration.
Media and whistleblower protection: Ethical concerns around transparency, media freedom, and protecting those who report misconduct.
6. Measures for Improvement
Strengthening independent regulatory bodies to ensure fair enforcement of professional standards.
Enhancing whistleblower protection via the Whistleblower Act and related amendments.
Expanding ethics education and training across professional sectors.
Digital transparency tools to track conflicts of interest and public procurement.
Conclusion
Malta has a well-structured framework for professional ethics, supported by national laws and EU standards. While ethical codes exist across key sectors like law, medicine, finance, and public service, the country continues to face challenges related to transparency, corruption, and enforcement. Strengthening regulatory independence, promoting ethical leadership, and fostering a culture of accountability are vital for Malta’s ongoing ethical and professional development.
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