President would have final say in government's chief justice anti-deadlock plans

The President would have the final say on appointing a chief justice in cases of deadlock under the government's proposal, justice minister Jonathan Attard has revealed. 

Parliament would first attempt to secure a two-thirds majority but if that fails, the final decision would lie with the head of state. 

Discussions on the appointment of the next chief justice have been put on hold as the government and opposition shift their focus to an anti-deadlock mechanism.

Attard explained the government's idea for an anti-deadlock mechanism to Times of Malta on Tuesday.

“We have a proposal similar to the appointment of the Standards Commissioner for Public Life, but with the difference that the final decision would be up to the President to see whether or not to proceed with the appointment of the Chief Justice, as a result of the majority vote in parliament,” he said. 

He said talks on selecting a new chief justice have been temporarily tabled while both sides seek agreement on how to resolve a parliamentary impasse.

“Discussions have continued, however, in the context of the anti- deadlock mechanism” said Attard, noting that the government has already tabled the first reading of a constitutional amendment to introduce such a system.

"Malta already had to introduce an anti-deadlock mechanism for the appointment of the standards commissioner. In that case, a commissioner may be appointed by a simple majority if no two-thirds agreement is reached after two votes in parliament.”

The minister said he would also like the outgoing chief justice to be consulted before the process begins. Parliament would first attempt to secure a two-thirds majority. If this fails, the final decision would rest with the President.

His plan differs from that proposed by the Nationalist Party, who want the President, the acting chief justice, a minister and a frontline Opposition MP to have a say in appointing a chief justice in cases of deadlock. 

The PN proposal would see a specialised high-level committee appointed to select a suitable candidate for chief justice if multiple parliamentary votes fail to yield a 2/3 majority. 

Chief Justice Mark Chetcuti is currently serving in an acting capacity until a successor secures the required two-thirds parliamentary approval. So far, both sides have failed to agree on a nominee, prompting a shift in discussions towards resolving the deadlock.

This is the first time that the appointment of a chief justice requires a two-thirds majority. The law, however, does not provide a remedy if such a majority is not achieved. Previously, the prime minister directly nominated the chief justice.

Attard described ongoing talks with the opposition as “cordial”.