Updated noon, adds PL statement

The Prime Minister’s power to select judges from a shortlist does not breach EU law, the European Court of Justice has ruled. 

EU law does not preclude national constitutional provisions such as the provisions of Maltese law relating to the appointment of members of the judiciary, the ECJ said in its decision, after a challenge by civil society organisation Repubblika.

“It does not appear that those provisions might lead to those members of the judiciary not being seen to be independent or impartial, the consequence of which would be to undermine the trust which justice in a democratic society governed by the rule of law must inspire in individuals,” the ECJ said on Tuesday. 

The ECJ also noted, however, the prime minister should only exercise this power “in exceptional circumstances and adheres to strict and effective compliance with the obligation to state reasons, that power is not such as to give rise to legitimate doubts concerning the independence of the candidates selected”.

The court found that Malta’s judiciary had legal guarantees that dispelled any doubt as to the independence of its members, or the prospect of any outside political influence.

Repubblika had been challenging the long-standing system of judicial appointments in Malta’s courts, arguing it lends “arbitrary discretion” to the Prime Minister and therefore a breach of EU law.

Since then, the procedure has been changed and judicial appointments are made following a public call and an evaluation by the Judicial Appointments Committee.

The names of those in the first group of judges appointed this way were announced last week. 

Reacting, Repubblika said it has taken note of the ECJ ruling and now awaits the decision by the Maltese courts. 

“Had it not been for Repubblika, the government would not have reformed the appointments procedures and we would still be with the old system,” the NGO said. 

The NGO said it would continue with its activism, even if it has to fight cases in court. 

'We're on the right track' - minister

Justice Minister Edward Zammit Lewis said the ECJ judgment clearly illustrates the importance of the 2016 reform dictating the appointment of members of the judiciary.

"The judgment shows that this reform, inter-alia, the constitution of the Judicial Appointments Committee limited the discretion of the Prime Minister in the appointment of the members of the bench and is a stronger guarantee of the independence and impartiality of the judiciary."

He said the Abela administration further strengthened this process by the amendments passed through parliament unanimously last July.

"This constitutes hard evidence that the Abela administration is on the right track in the constitutional and institutional reforms conducted in the last 14 months."

In a tweet, Abela welcomed the judgment, saying it confirmed the government was delivering what is right and that the Maltese government upholds rule of law. 

PL statement

In a statement, the Labour Party said the judgement reflected the unfairness of the Nationalist Party's attack on the country's institutions. Even more unjust was the continuous attack against Malta overseas.

The judgement showed, the PL said, that the reforms under way were the most ambitious and reflected the government's will to modernise the country's institutions.

It was a test for PN leader Bernard Grech who should stop attacking the institutions and condemn those who manoeuvred against Malta abroad, it said.