Our judicial system: The next steps

Over the last few years the government has been targeting our judicial system for gradual improvement. The Ministry for Justice and Home Affairs has been instrumental in effecting a substantial number of amendments to laws with a view to providing new remedies and improving procedures.

I should like to highlight some of those legal instruments that were introduced to benefit one and all but particularly the economically-active community.

i) One of the first measures we had introduced during the former legislature in August 2004 concerned the executive judicial letter on bills of exchange. This measure is a simple legal instrument that can enforce the collection of debts efficiently, at low fees and through uncomplicated procedures. If a debtor fails to honour payment within two days from the date of receipt of the judicial letter, this automatically becomes an executive title.

ii) Following on this successful measure, the executive judicial letter for debt not exceeding €23,293.73 (formally Lm10,000) was introduced in August 2005. Although it functions in a different manner it also saved time usually spent attending to court sittings of a purely procedural nature and this apart from the heavy reduction in the payment of court fees.

The introduction of these two types of novel mechanisms gained popularity because of their effectiveness and cost savings on legal expenses, such that to date a total of 10,964 "executive" judicial letters have been filed since their introduction.

iii) The Malta Arbitration Centre, which provides an alternative avenue for legal action other than through court proceedings; is cheaper and faster. The total number of cases filed in this institution since its establishment in the year 2000 reached 1,500 with eight international arbitration cases received over the last three years.

iv) Simpler court procedures, through which the old-standing formula of action by writ of summons was abolished in its entirety and replaced by the application (rikors) confirmed on oath.

One of the most innovative and successful measures registered was the setting up of the Small Claims Tribunal. Eventually, it became a victim of its own success. Statistics reveal that between 2000 and last year, 13,938 cases were decided. This impressive result highlights the importance of having this tribunal in place.

Of course, there is still much to be done. After carrying out a careful analysis of the issues that need to be addressed in the judicial sector, we have identified the following areas as our next priority targets.

Two of these issues are targeted for implementation by the end of this year, namely: (i) bringing into force the law that better safeguards economic activity through the possibilities of the use of executive and precautionary warrants and (ii) bringing into force Act V of 2007 in its entirety so that the Administrative Review Tribunal will become fully operational.

Other priorities in the medium term include (a) increasing the number of commercial, industrial and civil cases being referred to the Malta Mediation Centre; (b) rendering other procedures as simple and transparent as possible with a view to increasing efficiency, enhancing credibility and reducing delays.

Hopefully, we shall also be addressing the need for a reform of procedures in criminal matters. We need to introduce innovative mechanisms that will truly lead to addressing delays in this sector. I should like to point out that between 2004 and last year there was an increase in the number of cases, mostly due to more new cases being filed. In 2004, the number of pending compilations of evidence amounted to 1,922. By the end of last year, this figure increased by 46.8 per cent, bringing the total to 2,821. We have to keep in mind the fact that the number of new cases that are being filed as a result of an effective police action is ever growing.

My ministry is determined to introduce all measures that could prove to be effective in terms of justice and efficiency. We are fully committed to update the legal and administrative machinery constantly so that we can respond to the growing complexity of disputes that our law courts are called upon to consider. This is our call. As for the public, more knowledge about the courts would enhance confidence in our judicial system.

Dr Mifsud Bonnici is Minister for Justice and Home Affairs.