Judicial appointments: European Court referral finalised

Tista' taqra bil- Malti.

Europe’s top court has been asked to urgently decide a reference in the case over Malta’s system of appointing judges and magistrates.

Justice Mark Chetcuti finalised his referral to the European Court of Justice (ECJ) this morning. The case, filed by NGO Repubblika, states that the current system of judicial appointment breaches EU law.

Updated: Judicial appointments in Malta to be vetted by European Court

Therefore, it filed a judicial protest that demanded the freezing of new appointments and promotions to the Maltese judiciary until actions to improve judicial independence was carried out.

Half of new judicial appointments are female

On the 27th of September, the Court of Appeal had rejected an appeal by the Attorney General that rule of law NGO Repubblika had no right to contest the government’s intervention in the appointment of magistrates and judges. This means that the case was heard before the Constitutional Court.

Court rules in favour of Repubblika on Judicial Appointments

The Court presented the parties with the note of referral, including a call for urgency and several questions to be put to the ECJ. The Court then said that this case was affecting the legal certainty of judgments delivered by different Courts, including those passed by the members of the judiciary appointed in April 2019.