Venice Commission delegation in Malta to discuss tribunal reform

Justice Minister Clifton Grima met a delegation from the Venice Commission on Tuesday, pledging to forge ahead with a reform of Malta's administrative tribunals.

Last week, the Venice Commission published its amendments to a proposed bill drafted by the government on the independence of administrative tribunals.

The government had requested an urgent opinion on its draft bill on May 12, later inviting the Venice Commission to Malta to discuss the reform.

"Malta has reviewed the current system, prepared draft legislation and is advancing this reform," the justice ministry said in a statement on Tuesday, adding that this measure also formed part of its manifesto for the legislature.

The reform aims to "ensure that specialised tribunals continue to serve the public with the right expertise, while operating under rules that continue to strengthen their independence," the ministry said, describing Tuesday's meeting as "positive and constructive". 

Rule of law NGOs say bill is a good start but falls short

The Venice Commission delegation also met Aditus, the Daphne Caruana Galizia Foundation and Repubblika on Tuesday.

In a joint statement, the three NGOs welcomed efforts to address shortcomings in administrative tribunals but warned a draft bill stops short of the measures required to ensure their independence and impartiality.

In their statement, the three NGOs said administrative tribunals were first identified as being at risk of interference by the executive in a Venice Commission report in 2018.

“At the time, the Commission observed that several tribunals ruling on citizens' rights and obligations did not enjoy the same independence protections that apply to courts,” the NGOs said.

This had been reiterated in a 2025 ruling by the European Court of Human Rights, which instructed the government to pass legislation to protect tribunals’ independence and impartiality.

Following the publication of the draft amendments, the NGOs said they “welcome the fact that the government, after eight years of waiting, is finally trying to address this issue”.

The draft bill “includes several positive elements,” the statement said, pointing to “public calls for applications, clearer assessment criteria and better protections against arbitrary removal from office”.

Nevertheless, they said, the draft does not go far enough to ensure tribunals’ independence, with the system proposed remaining “closely linked to the executive”.

A proposed commission responsible for appointments and discipline linked to tribunals would be primarily composed of permanent secretaries, the NGOs said, pointing out that “their own decisions could be the subject of an appeal before the tribunals”.

Instead, they said, this responsibility should be handed over entirely to the committee for the administration of justice.

The draft also proposes that the commission’s secretary be appointed directly by the minister, with no judicial involvement in the appointment.

The NGOs also questioned the “extensive use” of retired judges and magistrates for administrative roles through processes “influenced by the executive”.

The three NGOs said they were “not aware of any public consultation” before the draft bill was presented last week and “had no opportunity to discuss the proposals with the minister responsible”.

“Aditus, the Daphne Caruana Galizia Foundation and Repubblika believe that a reform of administrative tribunals is necessary,” they said. “Nevertheless, the reform must reduce the influence of the executive on appointments and the management of tribunals to build the public trust required”.