Back in 2018, the European Council’s Venice Commission, which is the body responsible for strengthening member states’ legal and institutional structures in line with European standards, authored an opinion about Malta’s judicial system at the time. Contrary to what some members of the opposition would like us to believe, this report was no mere condemnation of our judicial institutions.

In fact, the commission took note of the reforms that we had already undertaken in 2016, after years of successive Nationalist governments who failed to take any action whatsoever, acknowledging that they were indeed a welcome step in the right direction.

However, they also argued that the 2016 reforms, while good, were not enough, and that more needed to be done.

From the very first days of its inception last January, Prime Minister Robert Abela’s administration has given the utmost importance to the proposals advanced by the Venice Commission, especially in the case of our justice system. 

After all, an effective and efficient judiciary is the very cornerstone of a functioning, modern democracy.

We wasted no time in taking immediate steps towards implementing the recommendations found in the Venice Commission’s report, with the aim of sending a clear message of intent to our European partners. Furthermore, we are now mere weeks away from presenting our new proposals to appoint the judiciary and the chief justice.

The appointment of the chief justice, backed by the unanimous approval of parliament, clearly demonstrates how this government is serious in attaining national reconciliation.

Although according to our Constitution the prime minister was not at all obliged to consult with the opposition for this appointment, such talks did actually take place during the past weeks involving myself and Chris Said. We also together agreed to forward one comprehensive reform, with the approval of all parties, to the Venice Commission. 

The message is very clear: together with the prime minister, I will not waste any time to move ahead with the required reforms that will further strengthen our democracy while also enhancing national reconciliation. I will be very soon announcing another set of reforms, on which I will also be seeking the support of the Venice Commission.

We are now mere weeks away from presenting our new proposals to appoint the judiciary and the chief justice

One of the things that the Venice Commission most strongly insists upon is that the appointment of members of the judiciary, especially with regard to the leading positions, must be through a transparent and impartial process to ensure that the judiciary is beyond scrutiny. Our reform is designed to make certain that all such appointments will be above reproach, further strengthening our democracy, and allowing for an impartial but efficient judiciary.

To this end, we are also adamantly set on increasing the degree of accountability of Malta’s judiciary. As history has shown us, the vast majority of our chief justices, judges, magistrates, and jurors have always carried out their duties honestly and diligently, but those few who do not do so must be held to account.

The mechanism that we will be putting in place to cater for the removal of such individuals will help us make sure that our principles of good governance and accountability can be implemented.

After all, all members of society, irrespective of rank or standing, need to be held responsible for their actions, whether good or bad, and this holds just as true for the judiciary as for any other sector. No one can be above the law, especially not those whose job it is to uphold it!

In our quest for an effective judiciary, we also need to enlist the help of our judges and magistrates. It is simply unacceptable that some cases can spend years suspended in limbo while waiting for the final judgment to be handed down.

We need to do better, for the sake of all those people whose future hangs in the balance, dependant on that sentence, or on the findings of a magisterial enquiry.

The people deserve a more efficient, streamlined system, and we are working to make it a reality, taking the recommendations of the Venice Commission on board in order to better do so.

However, while it is clear that we are taking the Commission’s report seriously, and are sparing no effort to implement its proposals, it is important to note that this does not mean that we will be following the report to the letter.

As the report itself states, “in Europe, there is a great variety in the method by which judges are appointed in domestic legal orders”, and that “no single ‘model’ exists” which can be said to be perfect.

This is understandable, since every country, Malta included, has different circumstances, and each model must be adapted accordingly.

Consequently, while we will do our best to work within its parameters, we will also make sure that the judicial reforms are implemented in a manner that makes sense to our situation and after serious consultation with the main players, that is, the association of the judiciary itself, the Chamber of Advocates and others.

Even though they may have received undue criticism, especially in recent times, Malta’s courts and judicial institutions have always carried out their functions diligently and impartially, in line with their constitutional duties. However, this does not mean that there is no room for improvement.

As in every functioning democracy, reforms are required to ensure that institutions remain effective and up-to-date, and this is what we are wholeheartedly dedicating ourselves to doing.

An efficient judiciary lies at the very heart of a nation like ours that cherishes the values of good governance and the rule of law. I am committed to improving our judicial institutions and will work with anybody who genuinely has this goal at heart.

Edward Zammit Lewis, Minister for Justice