![Qorti July 2013]()
The Maltese Judiciary published their report on the First Consultation Document prepared by the Commission on the Holistical Reform of the Justice System. The report will be communicated to the Hon. Prime Minister, Dr. Joseph Muscat, the Hon. Parliamentary Secretary for Justice, Dr. Owen Bonnici, the Hon. Leader of the Opposition, Dr. Simon Busuttil and to the Commission.
The report represents the collective response of Judges and Magistrates in Malta, and is the result of a consultation process which gave members of the Judiciary the opportunity to express their views on the Report.
The report is divided into three sections: General Comments; Comments on Institutional Recommendations; and Comments on Administrative Recommendations.
The most fundamental issue addressed by the Report concerns the role of the Commission for the Administration of Justice (CAG). This Commission is already entrusted with a constitutional role in the appointment, discipline and removal of members of the Judiciary. Furthermore, it already provides all the necessary guarantees and safeguards to secure the autonomy and independence of the judiciary in the exercise of its functions. The Judiciary point out that the terms of reference of the Reform Commission were clear - to strengthen the role of the CAG. Instead, the Commission has effectively dismantled the CAG and suggested replacing it in its essential functions with a proliferation of committees. The suggestions puts forward by the Commission furthermore conflict with International and European the guarantees and standards aimed at ensuring the independence and autonomy of the Judiciary. Given these principles, the proposals of the Reform Commission make no sense at all and are unacceptable.
The same position is taken with reference to the suggestions concerning the removal of members of the Judiciary. The Judiciary has a duty to point out that the Commission even went beyond its terms of reference on this matter as it was not given the authority to make proposals concerning the procedures for the removal of Judges and Magistrates. However, the Judiciary will not shy away from addressing the suggestions made by the Commission but, for the same reasons already mentioned, cannot accept a substitute Committee to the CAG which does not respect European and international standards and guarantees.
The Members of the Judiciary are in agreement that the reforms should be directed at strengthening the CAG's function of sanctioning members of the Judiciary who behave inappropriately. The Judicial Code of Ethics already regulates matters of disciplinary. With reference to the appointment to the Bench, the final choice should remain with the Executive, which is to retain ultimate responsibility for the choice. With reference to the removal of members of the judiciary, the CAG should be given the authority to take the initiative rather than wait for such a motion to be put before Parliament.
The Judiciary agree in principle with many recommendations put forward which are of an administrative nature, more details are needed as to their implementation before it can give a definite response. In any case, many suggestions are already regulated by the Code of Organisation and Civil Procedure, by the Criminal Code and by the Rules of Court and did not need to be restated. Judges and Magistrates understand and agree that proceedings should be concluded within a reasonable time and therefore welcome any suggestion in accordance with the legitimate expectations of the parties to the suit.
Relevant international documents are attached to the report for the information of the general public. These were sent to the Commission but for some reason no reference to them was made in the First Consultation Document.
The Report also includes a brief reference to the Second Consultation Document which, like the first, was not even copied to the Judiciary. Regrettably the Chief Justice and members of the Judiciary learnt of the publication of these documents from the Media.
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Updated with Government's reaction
In the meantime the government in a statement welcomed the judiciary's participation in the consultation process.
The statement added that it noted that the Judiciary had agreed that there was need to strengthen the mechanism for sanctions against judges who did not act in the manner expected of them.
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