The government has welcomed an opinion given by the Advocate-General of the European Court of Justice that the method of appointment of the members of the judiciary in Malta does not conflict with European law.

The opinion was delivered on Thursday as part of proceedings instituted by the NGO Repubblika. 

The NGO is challenging the system by which judges and magistrates were appointed, saying the system gave the prime minister "arbitrary discretion" when selecting candidates.

It referred specifically to a number of appointments from April 2019, which it argues should be ruled invalid. 

Chief Justice Mark Chetcuti had referred the matter to the ECJ last year.

The government in a statement said the reasoned opinion showed it was right about the independence of the judiciary and the rule of law. 

Advocate General Gerard Hogan said that a review of the method of judicial appointments in Malta, particularly after the 2016 reform did not conflict with European law.

The government observed that Hogan had also noted that the Maltese judiciary enjoys strong legal protection of its independence.

He also remarked that the fact that a person had an association with a political party before being appointed to the judiciary did not mean that that person could not be independent and impartial. Such persons held senior positions in the US supreme court and the constitutional court in Germany, among others. 

"Malta is a country where the principles of the rule of law are exercised in practice," the government said, despite efforts abroad to paint a different picture. 

It said it is committed to further reforms to strengthen the rule of law and good governance.

Last month, Prime Minister Robert Abela questioned the continuation of the case on judicial appointments in Malta.

He said the rule-of law reform, which included a change in the appointment of judges and magistrates, had been green-lighted by the Venice Commission itself, but also by civil society and the Opposition.

“Why haven’t they dropped a case dealing with a former system of appointment? The case is closed... This is the damage that they are trying to cause Malta away from our shores,” Abela said.

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