A judge presiding over Repubblika’s case challenging the current system of judicial appointments has asked it to substantiate its request for a reference to the European Court of Justice.
Mr Justice Mark Chetcuti, presiding over the First Hall of the Civil Court in its Constitutional jurisdiction, instructed Repubblika to file a note with its submissions by October 14, with a reply by the AG to reach the Court two weeks later, on October 28.
The Court would then decree upon the matter after the next hearing, scheduled for October 30.
Attorney General Peter Grech strongly contested this decision as proceedings continued in court on Monday, insisting the court had to hear evidence on the merits before referring Repubblika’s case to the ECJ.
“Do not pre-empt my decision,” pointed out Mr Justice Chetcuti.
Although the Attorney General contested this way forward, Mr Justice Chetcuti declared that it was “the Court’s prerogative to understand at this stage why the preliminary reference was being sought.”
Lawyer Simon Busuttil informed the Court that Repubblika wished to produce Manuel Delia to testify in support of their request for a reference to the European Court.
At the start of the hearing, Dr Busuttil informed the Court that three important events had taken place since the case was adjourned, pending appeals before the Constitutional Court.
In June, the Court of Justice of the European Union had declared that Poland had infringed EU law first, by lowering the retirement age of judges and secondly, by granting the Polish President the discretion to extend a judge’s activity beyond the newly fixed retirement age.
A month later, in a decree turning down Repubblika’s request for the recusal of Chief Justice Joseph Azzopardi, the Constitutional Court itself had observed that the Prime Minister had the final say and the prerogative as to whether to accept the recommendations by the Judicial Appointments Committee.
Finally, when delivering judgment in two preliminary appeals in Repubblika’s case, the Constitutional Court had observed that the “law was not static” while pointing out that the principle of ‘living instrument’ was to be applied with “discretion and moderation” so as to avoid legislative functions being usurped by the judiciary.
Deputy AG Victoria Buttigieg also represented the government while Repubblika was also represented by lawyer Jason Azzopardi.
Sources told Times of Malta that so far there have been three instances where Maltese Courts upheld a request for a reference to the European Court.