The government will not be appealing Monday’s court decision for a case contesting the manner of judicial appointments in Malta to be referred to the European Court.  

The referral was requested by the civil society group Repubblika which is protesting over the prime minister's discretion in the appointment of members of the judiciary, in breach of the European Treaty and/or Charter of Fundamental Rights.

During a brief hearing on Thursday, Attorney General Peter Grech informed the court that he would not be appealing Monday’s decree.

Mr Justice Mark Chetcuti presented the parties a draft copy of the terms of the referral on the basis of the points outlined by Repubblika in its application.

Repubblika is also asking the European Court to rule whether appointments to the Bench made in April 2019 were invalid and ineffective, and whether any further appointments should be halted, pending a final decision on the merits of the case.

Mr Justice Chetcuti granted the parties until November 18 to put forward any amendments to the referral order.

In its decision green lighting the referral on Monday, the court made reference to a frequently-quoted judgment in Commission vs Poland, pointing out that, while that case had tackled certain common issues, Repubblika’s case touched upon other aspects that went beyond the Polish case.

Those aspects “appear to have never been addressed before,” the court observed. 

The court said that since serious doubt had been raised about the current judicial system it was requesting the European Court of Justice to handle the referral “with urgency.”

The case was adjourned to November 25 for the final version of the referral order by the Court.

Lawyers Simon Busuttil, Karol Aquilina and Jason Azzopardi assisted Repubblika.

Lawyers Peter Grech and Victoria Buttigieg are assisting the respondents.

Lawyer Joseph Brincat was allowed to intervene in the suit.