Former Justice Minister Joseph Brincat has filed an application requesting permission to voice his opinion in court in a judicial appointments case filed in the civil courts by the NGO Repubblika.

The NGO is contesting the way judicial appointments are made, ultimately at the whim of the prime minister. It is seeking to nullify the appointment of six new members of the judiciary, saying no new members should have been added to the bench until a revised system of appointments was in place in view of the recommendations of the Venice Commission.   

Mr Justice Mark Chetcuti had found that the group does not have interest under Maltese law.  As a result, its request to block the introduction of the six new judicial members could not be acceded to. The court however postponed a decision about whether to refer the group's complaint to the ECJ, saying it would rule on that matter at a later stage once it heard evidence. 

Joe Brincat.

Dr Brincat said his request is not “frivolous” but based on the fact that he "truly believes that it is not right to have attacks upon and inferences against the Maltese judicial system, deeply rooted in traditions, irrespective of any opinion of any judge or magistrate.”

Dr Brincat pointed out that the Venice Commission and its ‘experts’ were nominated by their home governments to serve for a four-year term which could be renewed for a further term. “Adopting the same yardstick, the Venice Commission does not offer any competition for experts but is structured upon persons selected as experts by their own governments. By this same criterion it is not impartial nor independent.”

He said that a brief look at the history of the Venice Commission, set up by Italian Socialist Minister Gianni de Michelis, “sufficed” to put things into perspective.

He also pointed to the commission’s current president “spent all his life at the Council of Europe” where employees are assigned according to their home country and further allocated in terms of political parties.

“Each of the judges at the European Court of Justice is also effectively nominated by the government of his country,” he added. Although a nominee could be pronounced “unsuitable” by a panel of experts, the next choice would still ultimately rest with the government.

The same applied at the European Court of Human Rights.

“Europe had no organisation to ensure that governments will have no say in the matter,” Dr Brincat said.

Moreover,  there were various EU member states which operated the same system of judicial appointments as Malta's, such as Ireland, England, Austria, Cyprus and even Denmark, which had a recommendations board that, however, did not bind the Justice Minister.

In the light of such observations, Dr Brincat asked to be allowed to intervene in the proceedings instituted by Repubblika, so as to “contribute to the debate.”