Government wants standards commissioner for judges and magistrates

Updated 2pm with Republikka reaction

The government is planning to propose a standards commissioner to investigate breaches of ethical standards by judges and magistrates, Times of Malta understands. 

On Tuesday, Justice Minister Jonathan Attard tabled the first reading of a bill to amend the Constitution.

A first reading provides no detail, but government sources said they plan to introduce a standards commissioner, similar to the role that investigates breaches of standards by ministers and MPs. 

It also proposes changing the retirement age of judges from 65 to 70.

However, the plan would need to have the support of the opposition benches for the bill to become law since any constitutional amendments require a two-thirds parliamentary majority.

Asked about the bill, Attard said it would "provide citizens with a greater access to remedies".  

“This country has moved forward and made several constitutional amendments that led to greater judicial autonomy and independence. But we need to complement that with procedures that lead to more effective remedies for those who have complaints or concerns with the ethical behaviour of the judiciary and how cases are handled,” he said.

“The amendments will enhance the rule of law in this country, and the justice system.”

Attard said the bill “should not be a surprise to anyone” as it follows comments made by many, including the Chief Justice, on the matter.

“I was always clear on what constitutional amendments were needed, and these amendments stem from the Chief Justice, not only through messages he sent out at the start of this forensic year but also the one preceding it.”

In October 2023, Chief Justice Mark Chetcuti called for an internal structure monitoring judicial standards, which flags any issues to the Chief Justice, as a way of keeping the judiciary in check.

Sources said the new commissioner would be an addition to the Commission for the Administration of Justice, not a replacement. Parliament will debate the introduction of a standards commissioner for the judiciary before the summer recess, Times of Malta is informed.

But rule of law NGO Republikka expressed concerns.

"It is a sacrosanct principle of democratic governance that the judiciary must be independent from any interference or oversight by the other institutional branches, both the government and parliament. The removal of parliament’s power to dismiss judges was a significant step in safeguarding the separation of powers," it said.

"Only members of the judiciary should have the authority to oversee the conduct and discipline of their peers. No external appointee, regardless of who appoints them, should have the power to discipline judges."

It urged the government to publish any reforms it is considering and appealed to the judiciary to participate publicly in the discussion.