The government has nominated former Attorney General Anthony Borg Barthet, its member on the European Court of Justice (ECJ), for a further six-year term.
Dr Borg Barthet took up the post when Malta joined the EU in 2004. His term will come to an end in October - the judges appointed by the new member states started their job mid-way through the term.
Sources said that following a Cabinet decision, the government has now informed the ECJ that it would like to retain Dr Borg Barthet for another full term, ending in 2012.
Last October, the President of the Court, Vassilios Sjkouris, had sent a letter to the member states calling on them to ensure the stability of the court, after the arrival of 10 new judges in 2004. This had been interpreted as a call on member states to retain the same judges.
Many of the other new member states have already declared their intention to do so.
The ECJ had expressed its wish to receive all of the 25 member states' nominations by the end of this week. This will not happen, however, as some member states have not yet decided who to nominate, among them France, Germany and Italy. Italy will only submit its nomination after next month's general election.
According to EU rules, candidates should be examined by the other member states before being officially appointed. In practice member states have never opposed the choice of any government, in the knowledge that their own choice would not be opposed.
The new term will start on October 6. The following day the judges will convene to appoint a court president.
Dr Borg Barthet was born in 1947 and graduated as a lawyer in 1973. Apart from holding the post of Attorney General for a number of years he was also a part-time lecturer and council member at the University of Malta.