In a period of 10 months, this administration has grabbed the bull by the horns and carried out unprecedented top to bottom reforms. Reforms of this kind are among the most significant since 1974, when Malta became a republic.
Among the major changes carried out, we have reformed the office of the attorney general and created the office of the state advocate and changed the method of appointment of the president of the republic who is to be appointed by a two-thirds majority of the House of Representatives, while granting the president the first direct executive powers.
One of the major reforms we have undertaken was targeted to strengthen the judicial sector, including the appointment of the chief justice and of the judiciary in toto. Alongside all of this, we have added additional safeguards to ensure that the judiciary is held to account, with a reformed disciplinary process and removal procedure. These reforms have strengthened the legal framework and the checks and balances upon which this government and its institutions operate.
If I dare reply to Tonio Borg, and his article ‘A distortion of events’ (November 21), it remains undisputed that these reforms have been implemented by the present government. They are reforms that could be described as having been left undone by previous Nationalist administrations.
Had the Nationalist Party and Borg wanted to be so reformist and chivalrous about change, the proposal could have been put forward during that time or when Borg was the minister responsible for home affairs or justice or even deputy prime minister. He definitely cannot argue that he was not presented with the opportunity. However, we know this not to be the case.
In the 2008-2013 legislature, former Nationalist MP Franco Debono proposed important constitutional and institutional reforms. Among them, the proposal of 2010 to have a president of the republic who is elected by a two-thirds majority, as well as raising the retirement age of the judiciary, made in the private member’s motion (no. 260) of the 11th legislature, dated November 8, 2011.
The same party Borg wants to give credit to, today advocates and criticises us harshly regarding rule of law issues, yet, chose to ignore Debono’s reform proposals.
Some may also argue that these same people made sure, at the time, to terminate his political career. For this reason, one believes Borg might choose to distort historical facts known to all.
These facts include reforming the judicial appointments process, which started by establishing a judicial appointments committee back in 2016 under a Labour government and giving the judiciary the conditions they enjoy today, including a dignified pension after retirement. Additionally, we created a system of court attorneys who assist the judiciary whenever asked to do so.
These are only some of the few steps of reform we have taken to improve the judiciary. We are not finished proposing and changing things for the better.
Our judiciary does function but the courts need to be more efficient- Edward Zammit Lewis
I am grateful to the members of the judiciary, grateful for their sense of duty and service to the country and its people. Our judiciary does function; we have judges and magistrates who work at full speed to ensure that justice and quality judgments are delivered to our citizens.
The courts, however, need to be more efficient. The process needs to be expedited to ascertain that citizens who take their case in court get the justice that they seek within a reasonable time.
Consequently, we have decided to reform the appointment process of the judiciary, the members of which are to be appointed from among their own peers after a thorough assessment of the judicial appointments committee. Following this assessment and the shortlisting of the candidates, the president of the republic will appoint the judges and magistrates.
Moreover, we also had the political guts to change the appointment process of the chief justice. As of recently, the first among equals within the judiciary will be appointed by parliament, not the government, with a two-thirds majority vote, a process applied to select the incumbent chief justice, Mr Justice Mark Chetcuti.
The process of removal of judges and magistrates will no longer be the responsibility of parliament but of a re-dimensioned commission for the administration of justice.
It oversees the process and decides as to whether a member of the judiciary should be removed or otherwise. The raison d’etre behind it is the independence of the judiciary, as established in the case of Oleksandr Volkov vs Ukraine (April 2, 2013), wherein the European Court of Human Rights pronounced that independence and impartiality of the judiciary is the backbone of any democracy. The right to be heard is assured through the possibility of presenting an appeal to the Constitutional Court if one disagrees with the decision of the commission.
The latest, and one of the most significant reforms, is Act LV of 2020, which passed through parliament unanimously. Through this law, we have amended articles 97 and 100 of the constitution, wherein the judges and magistrates have the right to choose whether they wish to sit on the judicial bench until they reach the age of 68 as opposed to 65.
In the words of European Commission President Ursula von der Leyen, when referring to the unprecedented reforms, “I see it as a positive step and a sign of commitment of the Maltese government to strengthening the rule of law and judicial independence.”
As the Venice Commission noted when presenting its positive opinion last October, “it is crucial to point out that the current proposals are only part of a wider reform envisaged”.
I have spearheaded these reforms with pride and great privilege. This is the Robert Abela administration that had the political guts to undertake the necessary reforms for the common good of our country after decades of lethargy and procrastination.
I shall continue to work relentlessly in the best interests of my country and its citizens, to put Malta on the map, up there with the most advanced democratic states within the international community.
Edward Zammit Lewis is minister for justice.