Judges' retirement age will not be raised - Justice Minister
The government has no intention of raising the retirement age of judges or the number of years of experience needed to be appointed to the Bench, a Justice Ministry spokesman said yesterday.
“The retirement age for members of the judiciary was revised from 60 to 65 in 2007,” the spokesman said, dismissing repeated calls by the judiciary itself to raise the limit.
The most recent call was made earlier this week when Mr Justice Carmel Agius announced his retirement the day before his 65th birthday and after 33 years of service.
He said judges should not be forced to retire when they were “in their prime” and should be allowed to serve until they started experiencing health problems.
Mr Justice Agius spent the last nine years at The Hague, serving on the International Criminal Tribunal for the Former Yugoslavia. Although retiring from the Maltese judiciary, he will continue to serve for a few more years on the tribunal.
At the opening of the forensic year last October, Chief Justice Vincent de Gaetano joined the chorus of calls for the retirement age of the judiciary to be increased to 68.
He had made his plea some time before the retirement of Mr Justice Joseph Galea Debono and Mr Justice Joseph David Camilleri, who, he said, could still give a valid contribution.
Members of Parliament Franco Debono and Josè Herrera, both criminal lawyers, insisted yesterday that the optimum retirement age for members of the judiciary was 70. Abroad, they argued, the average retirement age for judges was 70 and in the UK it was as high as 75.
Dr Debono, a Nationalist MP, said judges were still “giving their very best” when they reached retirement age, making their retirement a waste of human capital.
He suggested a change in the number of years of service required for someone to be appointed to the Bench, both as a magistrate and also as a judge. According to the Constitution, a candidate needs nine years of experience as a practising lawyer to be appointed a magistrate and 12 years to become a judge. However, the Justice Ministry spokesman said this would not change as it was deemed to be sufficient.
“The minimum experience of court practice for the appointment of members of the judiciary as defined in Chapter VIII of the Constitution of Malta is deemed to be adequate,” he insisted.
Dr Herrera, a Labour MP, agreed with Dr Debono on raising the retirement age to 70. He noted this was his personal opinion because the Labour parliamentary group had not yet discussed the matter.
He said members of the judiciary were still too young to retire at 65. Prior to reaching this age, most of them started looking at other posts they could take up, especially to make up for the sudden drop in income when they started to receive the pension, capped at €800 a month.
This, Dr Herrera believes, could impinge on their independence.
With regard to the minimum experience requirement, Dr Herrera believes this was reasonable and did not need to be changed.
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Charles Busuttil
Aug 20th 2010, 22:59
It is truly a pity sometimes to see certain judges abandoning their Benches at 65: those who were efficient, quick and just, with a backlong as high as your nail or mine - one such judge readily come to mind. BUT what is the feeling when it concerns a judge who turns senile, or downright lazy, with a backlog as long as my arm; or the god-like, dictatorial, who no other judge dared stand up to him when sharing the Appeals Bench - and one such also readily comes to mind . What could rid the Courts and the people of such burdens? The Minister would better concentrate on how to introduce facilities to efficiently correct glaring mistakes made in judgements-which are deemed in legal circles as wrong and dishonest, but the legal machine bars the reversal of these sentences. And NO-they are beyond even the Constitutional Court. Perhaps a Court of Third Instance would work or a Chief Judge who, given the obvious circumstances, would be brave enough to circumvent the nitty gritty which give cause to the gross injustices.
Prof P. Sant Cassia
Aug 20th 2010, 19:44
The Government spokesman has not advanced reasons why the retirement age should not be extended. Odd statement by the Government given that: 1. Retirement ages are increasing all the time, at least overseas (as people also start working later given longer tertiary education) 2. People have increasing life expectancy 3. More people in work means greater Social Security contributions and less drawings on pensions - in short they are more likely to die in service and not get their pension, or get less of it!. 4. These guys actually want to continue working, a rarity in Malta as many people I hear of who want to find every excuse to be boarded out! 5. More specifically: US Supreme Court judges are there for life. The oldest current Supreme court judge is 77.
R.Borg
Aug 20th 2010, 17:34
Thank you, Honourable Minister.
We back you.
PROSIT.
maria aquilina
Aug 20th 2010, 13:57
Is it true that their pension is only 800 euros?
MBorg
Aug 20th 2010, 12:04
Judges are not the only ones who experience a sudden drop in income on retirement. A pension capped at only €800 a month is a joke, especially since it has been at this level for ages.
A Water & Electricity bill can easily use up half or most of the months pension, still pensioners are expected to lower their living standards, make do without things and survive on what is left.
This situation will never change, we have MPs who know that their pension is OK thank you, so why should they bother about other pensioners ? MPs pensions should be scaled down and the capping of the National pension raised.
Dr.Lynn Zahra
Aug 20th 2010, 11:37
Judge Agius is is certainly one of the sharpest knives in the drawer, and also extremely fair and meticulous in his decisions .
However, I regret to say that I believe in the current retirement age which is inline with the saying "out with the old , in with the new" , especially when judges and magistrates have been serving on the Bench for over 20years .
Sometimes when a judge has been serving on the Bench for long his or her decision on certain issues is easily foreseen and any Challenges to current intrepretations of the law is shot down immediately .
So retirement age presents the only redress : one can get rid of judges with embedded ideas on their retirement age.
I believe that a continuos resistance to the adoption of fresh approaches in interpreting the law requires new blood.
Miguel Micallef
Aug 20th 2010, 13:22
I agree perfectly.
DR EMMANUEL BEZZINA
Aug 20th 2010, 11:31
As long as Divine Destiny keeps us Healthy [ that implies that each takes reasonable precautions to stay healthy ], it should be an enforceable rule that everyone should keep working for a living frameing a work`s schedule according to the physical and psychological stamine of the bearer. Pensions will be history in generations to come or will be paltry as inflation and cos of living will always be on the increase.
One could utilise a working experience in many other matters not necessarily to the one that was accustomed to.In Judge Agius` case,for instance,he will go on working in an international forum;our Chief Justice will be off to a very lucrative job in Strasbourg,thereafter his accumulated international experience should serve - God willing - to enhance the Human Rights` World! Judge Bonello uses his multi-level,legal and cultural talents in a very diversified world making him one of Malta`s prominent ambassadors in his fields.As long as we keep and stay healthy,our programmed world is at our feet.Pensions only lead to laziness:I had told my late father not to quit and / or lose control his prominent business:he had other ideas,but my view is that we plod on!
J Brincat
Aug 20th 2010, 10:56
What is good for the goose is good for the gander.
Were the retirement of judges be raised others would expect their retirement age is also raised.
So now we have it from the horse's mouth that it would not be raised - good!
B.Sciberras
Aug 20th 2010, 10:47
I would only like to point out that according to the constitution a magistrate needs not less than seven years experience as a practicing lawyer and not nine as erreanously stated in the article.
albert leone ganado
Aug 20th 2010, 10:37
We appreciate the unusually quick risposte by the justice ministe following the appeal by a senior retiring judge to raise the retiring age. We trust the ministry came to this decision after some serious consideration of the issues involved.
I would however dearly love to know the official position of the opposition on this matter. Many of us are basically puzzled and disappointed by an attitude in the opposition that on most headline issues we invariably receive the non committal standard reply that the party hasn't yet taken up an official position with senior shadow members almost invariably expressing strictly personal views. Is there a political strategy behind this attitude and does it make sense.
Stephen Koludrovic
Aug 20th 2010, 10:26
For goodness sake how crazy can we go.
All of Europe with us included, are preparing to increase the pensional age before retirement and now here we have a learned judge that wishes to carry on with his work but is unfortunately forced to retire. It just makes no sense to me.
Anthony Barbara
Aug 20th 2010, 10:20
The real problem, in my opinion, is the capping of what should have been a two-thirds pension. People can hardly survive on such a pension which goes counter to previous income levels. After all, the Social Security contribution was based on the actual income of the individual. However, everybody should be treated the same and no exceptions should be made.
Charles J. Buttigieg
Aug 20th 2010, 09:23
I am inclined to accept the notion that the retiring age of judges and magistrates be raised but my acceptance has nothing to do the fact that their pension is capped at €800 a month. The pension capping is a different issue which is also hurting other people who are not magistrates or judges. My senior executive position before I retired offered me a better remuneration than that of a judge and yet my wife and I are still expected to lower our quality of life and living standards to survive on a pension capped at €800 a month.
Our social contributions system imposes a retiring age, which is not just; the system should give us a guarantee for a pension when we reach 61 however it ought to give all of us the option to extend our working years subject to a thorough medical test.
Gerard Cassar
Aug 20th 2010, 12:55
About the Judges pension of 800Euros. It must be noted that besides this NI Pension a retiring judge benefits from the Government service pension which is 2/3 of the salary unless commuted. I presume that this still prevails.
Stephen Koludrovic
Aug 20th 2010, 09:06
In that case its no wonder that there is such a backlog of court cases, most of which end up dragging for so many years. There,s just not enough judges for the workload that there is.
Charles Micallef
Aug 20th 2010, 09:01
I believe that Judges like the Police should be kept on a part-basis or on reduced hours after they are 65. The on hand experience that they acquire after 25 / 35 years service in their particular position, should not be snubbed at, and is extremely useful to the society they served for all those years.
No written qualification will ever replace the course we serve in the University of Life!
S. Cremona
Aug 20th 2010, 08:23
Judges are human beings like all other professionals and non. Retirement age should be the same for everyone.
Small note : The issue of the capped €800 monthly pension applies to all people whose income has been over the threshold.