The justice minister has rejected criticism from the Venice Commission over the government’s failure to seek broad consultation on rule-of-law reforms, saying all personal opinions expressed on social media and blogs were taken into account at decision stage.
“The relevant stakeholders made their opinions known in the public domain, from online media to personal blogs – we have taken all of this into account,” Edward Zammit Lewis said in reply to questions.
“NGOs and civil society as a whole were consulted by the Venice Commission itself,” he said.
“Our legislative process guarantees the possibility of a structured dialogue with all stakeholders and civil society – this is not only possible but a requirement.”
The European Commission for Democracy Through Law – the Venice Commission – last week chastised the government for rushing through the legislative process without properly consulting stakeholders or waiting for an opinion from the commission.
NGOs and civil society as a whole were consulted by the Venice Commission itself
“While the commission welcomes the efforts of the Maltese authorities to implement various recommendations of its opinions, [it] cannot but regret that most of the Bills have been adopted before the requested opinion could be finalised and even before the commission’s rapporteurs could engage with the national stakeholders,” it said in its report.
“The June opinion stressed the need for wide consultations and a structured dialogue with civil society, parliamentary parties, academia, the media and other institutions. Only four days later, 10 concrete bills were presented (which were at that time restricted documents). And little more than a month later, six out of 10 bills were adopted.
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“It seems that at no stage of the process was there any serious consultation of civil society or possibility for wider public debate,” it added.
But Zammit Lewis noted that consultation had actually taken place and he pledged to undertake “all necessary efforts” to ensure that there is better consultation on the four pending bills.
“Whereas we are aware of the criticism of the commission with regard to the amendments and the six bills which are now Acts of Parliament, one notes that we have carried out the relevant consultations,” he said.
“We cannot forget the fact that this process is one that has been pending for 10 years before the Labour government came to power. It is this government which had the political will to grab the bull by its horns and make the necessary changes.
“These reforms are a step in the right direction, even the European Commission and the Venice Commission have stated such,” he added.
Zammit Lewis said he had always been transparent in his work to improve the country’s legal system, rule of law and system of governance.
In an opinion published last week, the commission said the 10 implementation acts faithfully translated the proposals made to the government back in December 2018.
The reforms have seen the Attorney General’s role as lawyer to the government being hived off to a State Advocate, as well as further reforms to the way members of the judiciary are appointed.
Of the six bills already adopted, the commission re-commended nine amendments ranging from further transparency in judicial appointments to an anti-deadlock mechanism for the appointment of a chief justice.