Government gives up power to appoint members of specialised tribunals
Parliament approves justice reforms before breaking for summer recess
The government will no longer appoint members of specialised administrative tribunals under legislation approved by parliament on Monday evening.
The reform transfers the appointment power to an independent commission and introduces a public, competitive and merit-based selection process.
Parliament approved the legislation during an extended final sitting before rising for its summer recess. The House had initially been expected to adjourn last week, but the sitting was postponed to allow MPs to approve legislation tied to Malta’s commitments under the EU’s Recovery and Resilience Facility.
Justice Minister Clifton Grima said the changes were intended to strengthen the rule of law, democracy and access to justice.
The commission responsible for selecting tribunal members will be composed of a retired judge or magistrate and four other members recognised for their integrity and competence.
Until now, the government had the legal authority to appoint members to the specialised tribunals.
Grima said the reform followed the changes made to the judicial appointments system in 2020, when the executive’s role in selecting judges and magistrates was curtailed.
The legislation seeks to increase the independence of administrative tribunals while retaining the specialist expertise required to decide cases falling within their remit.
A separate Bill approved by parliament expands the circumstances in which a decision by the Attorney General not to prosecute may be challenged.
The Attorney General may, in certain cases, decide not to initiate criminal proceedings. The government said the reform would allow greater scrutiny of those decisions and improve transparency and accountability.
Grima said both reforms had been drawn up following extensive discussions with the European Commission as part of Malta’s recovery fund commitments.
The changes to the administrative tribunal system were also discussed with the Council of Europe’s Venice Commission.
During a visit to Malta, the commission held meetings with the government, the opposition, the parliamentary ombudsman, professional organisations and other interested parties.
The Venice Commission said the proposed amendments appeared to address several significant concerns and represented “a significant step in the right direction”.
Parliament rose for its summer recess after the Bills were approved.