Swifter judgments in shake-up of judiciary
Judges are set to retire at 68
Long-overdue reforms are set to be introduced in Malta’s much-criticised courts in return for a better financial package for judges and magistrates.
A new appointment system comes into effect on October 1, whereby all cases will be appointed and heard by a specific time and date, while afternoon sittings will be introduced.
There will also be obligatory ongoing training for all members of the judiciary, The Sunday Times has learnt. Sources said the ‘reform package’ agreement was struck just a few days ago, following months of negotiations led by Justice Minister Chris Said and judiciary representatives.
Initial talks were started by Dr Said’s predecessor Carm Mifsud Bonnici. The package includes a €12,000 rise to all the members of the judiciary, staggered over three years.
It also raises their retirement age from the current 65 years to 68.
The package, which the sources say has the blessing of the Opposition, also strengthens the functions of the Commission for the Administration of Justice, currently led by the President of Malta, to make the judiciary more accountable.
One of its main functions is to act as a watchdog on the judiciary’s actions and behaviour, but its powers are so limited that sitting members have ignored its instructions on various occasions. Although the government had already told the judiciary it would introduce more accountability, amendments to the law regulating the Commission must first be agreed with the Opposition, the sources said.
Judges and magistrates had been calling for an increase in their remuneration package for years and had started unofficially boycotting official celebrations.
Judges receive an annual remuneration, which includes salary plus allowances, of more than €50,000 and magistrates more than €44,000, apart from other perks, including a chauffer-driven car for their family’s use.
However, they have always claimed this was low in view of their responsibilities.
Delays in Malta’s court rooms and the fact that cases are only heard in the morning have frustrated thousands. Currently, no appointment system is used, leading to massive delays, confusion, time-wasting and clashes in lawyers’ and clients’ schedules.
Court sources revealed that during the negotiations the government was adamant this would be a two-way agreement and that if the judiciary failed to introduce the agreed reforms there will be no financial increase.
“More than an agreement, this is a conditional deal. Basically the executive (government) is giving judges and magistrates an extra €12,000 over three years in return for a better service to the public through longer and more efficient hours of work,” the sources said.
Last year, the Chamber of Advocates president, Reuben Balzan, said the chamber agreed with better financial remuneration for the judiciary so long as it was accompanied by “improved performance and accountability”.
Gross financial remuneration in Reform Package
| Judges | Current | 2013 | 2014 | 2015 |
| Salary | 38,487 | 38,487 | 38,487 | 38,487 |
| Allowances | 12,000 | 16,000 | 20,000 | 24,000 |
| Total | 50,487 | 54,487 | 58,487 | 62,487 |
| Magistrates | Current | 2013 | 2014 | 2015 |
| Salary | 32,760 | 32,760 | 32,760 | 32,760 |
| Allowances | 12,000 | 16,000 | 20,000 | 24,000 |
| Total | 44,760 | 48,760 | 52,760 | 56,760 |
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George Camilleri
Aug 13th 2012, 09:06
another positive speculation, which hopefully could turn into a reality, initiated only from Franco Debono's stand against the current situation in Malta's juridical system, which increased the nation's awarness on the desperate need for improvement.
Goes to show that Said and Debono do make a fine team of (fingers-crossed) considerable effectiveness.
Tony Camilleri
Aug 12th 2012, 22:18
Nothing against them getting better salaries and conditions, but what about us and pensioners and widows etc etc?
What about us lesser mortals children of a lesser God?
Should we be happy with a €1.16 increase in our wages while paying more taxes to make good for these vast increases is salaries?
Doreen Attard
Aug 12th 2012, 18:02
Nobody, on this blessed island of ours - be they nationalists, labourties or anyone else - can miss this smell, sound, call it what you like, that's in the air. It's election time, the government or shall I say the Island is in election mode. The PM is inaugurating projects - both government ones and private ones - everyday and announcing money gifts every other day - the Police, the Judiciary, who's next? Does the PN really think that this will win him the next general elections ? Not likely. The people have been neglected for too long and the credibility of the government is not much higher then zero.
K CASSAR
Aug 12th 2012, 18:00
This smells very much like pre election panic promise! One of those things that Gonzi PN do when feel they need help convincing. Well Franco Debono was right after all in saying that CMB wasn't doing all he could. But just like so many other 'projects' , who is going to pay for it?????
Malcolm Farrugia
Aug 12th 2012, 17:32
Did Ivan Camilleri forget that it was Franco Debono who came first with these ideas. Why wasn't he mentioned?
GL Calleja
Aug 12th 2012, 16:46
Thank you Dr Franco Debono and Minister Said. Thank you for putting some pride back in our courts. Maybe there is a God after all. ( just an expression). This is a big move towards improving our justice system. I am still of the idea that they initiate Local Courts for small claims and trials and save the big court for more serious matters. Local courts can solve the small cases and that way it will relieve the congestion and the load of the Main court in Valletta. By the way I don't think that judges and or magistrates should be provided with such perks, including a chauffeur-driven car for their family’s use. This is the same like giving Freebie Tickets to the families of politicians. I am fine with providing the judge or magistrate with a chauffeur-driven car, but the families too? How about giving them a Summer Boat House? Some of those perks must go and that goes for all government departments.
Joseph Attard
Aug 12th 2012, 16:23
Aktar flus lil min diga ghandu salarju tajjeb. U kollox qabel l-elezzjoni
Malcolm Farrugia
Aug 12th 2012, 14:07
So PN sidelined Dr. Franco Debono but now is going to impliment his suggestions as if they are of their own?
How come the article failed to mention that Dr. Debono has been stressing out the dire need for such measures, when we all know that his trouble starterd as soon as he tried to open the government eyes?
Joseph Borg
Aug 12th 2012, 14:04
Forza Franco You are the only hope, that my Nationalist party returns back to the day that we held the moral high ground. Gone are the days when we used to call the Labour government, Korruzjoni istutjonalizata Today corruption is the norm, just like before the 87. The only thing which Dr Gonzi can offer me in this election campaign is to keep on reminding me of what Tear Gas feels like and and of violence that took place against people like myself, an Open Nationalist from the south which in those days where very few.
Well this time it will not work, I will vote for the party that can govern better than this even if it breaks my heart.
Jay Oatmon
Aug 12th 2012, 14:04
Let us all hope the farce of daft justice will end in Malta.
Jay Oatmon
Aug 12th 2012, 14:02
Obviously Dr Debono was correct in highlighting the appalling state of the Malta courts and their ancient 18th century procedures!
John Zammit
Aug 12th 2012, 13:46
After it is being proved right that KMB did not deliver because how it was possible for Dr.Said to reach agreement in such a short time. Why Dr. Debone is not mentioned in this article when he was the force behind the amendments. Just Hope this is not another symptom of election panic
Joseph Borg
Aug 12th 2012, 13:31
One day the poor will have nothing to eat but the rich
Richard Galea
Aug 12th 2012, 13:11
For me i admire Franco Debono for proposing and presenting the reforms, and i also give him credit for criticising the Arriva fiasco but attacking anyone that he feels is shackle him for his yearning to be a minister i disagree.
Mr Kevin Zammit
Aug 12th 2012, 12:30
6 to 7 billion euros in debt and the best the GonziPN can do is spend more money to get for us tax payers what we should have had by simple natural justice in the first instant!
I mean is this for real? So in a single breath they are admitting we were being given very bad service (5 years minimum to conclude a case is banana republic standards not european) even though judges were being paid pretty handsomely for Malta yet now in 3 years time we are supposed to believe all this is going to change because the judges are being "bribed" by the government with more money?
See ladies and gentlemen this is the sort of attitude that has brought us this huge debt yet we do not see major benefits so many years down the line .... because throwing money at something that is dysfunctional is certainly not the way to fix it!
V Mercieca
Aug 12th 2012, 12:04
The PN has moved another step forward not under their own steam but by being pushed by one of their midst this time.
Dr Debono is proved right again and the PN should have rewarded him not condemn him.
Pity Dr Debono is not in my district, although I do not like his style I would vote for him even if he elects to candidate himself as an independent.
Liza Zarb
Aug 12th 2012, 12:00
Kif ma jisema xejn Dr Franco Debono f' dan l-ariklu. X'paniku hux ! Qisa gejja l-elezzjoni .
V. Cauchi
Aug 12th 2012, 11:58
Article 173 (1) of the Code of Organization and Civil Procedure was introduced in 1979 but since then it has been rarely used even if it should have become the order of the day. It states:
"The court may, in order to ensure full compliance with all matters of procedure, or to seek more detailed information, or to expedite or facilitate proceedings or to avoid the unnecessary appearance of parties or witnesses, give in camera all such orders and directives it may think fit, and it shall be sufficient that such
orders or directives be communicated by the registrar even by letter to the advocates or legal procurators of the parties, which letter is to be handed personally to such advocate or legal procurator, and, by post, to the parties themselves. This provision shall apply to any stage of the proceedings before judgment is delivered. .... (about appeals from these provisions)."
Joe Bartolo
Aug 12th 2012, 11:42
One would wonder why these men of “Justice” would require a remuneration enticement to do their job. The Justice system was held to ransom by a profession that should know better. If they believe that they were not paid their just dues then they should have vacated their post and making it available for others to fill, the Maltese society deserve better and these people should hold their heads in shame
Adrian Sciberras
Aug 12th 2012, 11:32
they are good, but still i think they are low... a lawyer in private practice can get much more ... for a close to retiree judge or magistrate (I mean 60+) might be good to keep him in business and active... but for 40-55 years old its little, this won't ease the backlog.
Joe Bartolo
Aug 12th 2012, 12:00
It is demand and supply, if you do not believe that you are not paid fairly, then resign the post and move into a job that you are comfortable with. The judiciary system should not be different than any other profession. Everyday people are facing similar difficulties, but they do not take their frustrations by not doing their job.
Fleur Mifsud
Aug 12th 2012, 11:30
Well done Dr Debono for your reforms. PN should have been grateful for your energy ,enthusiasm and good ideas instead of condemning you.
They should have condemned Carm Mifsud Bonnici instead not you.
Francis Sammut
Aug 12th 2012, 12:50
I join Ms Fleur Mifsud to congratulate you, Dr. F Debono for all your hard work, for otherwise this reform and others, awaiting to be enacted, wouldn't have been possible. This is a man of the people. Those with blinkers on need to remove them in order to see more clearly!
Peppi Borg
Aug 12th 2012, 11:21
Can anybody illuminate me from which financial estimate or fund is this initiative listed in? Why is Dr.Franco Debono not mentioned in this article by mr. Camilleri? We are clearly on the door step of an election and here it is! Panic station and half baked measures!
Tony Camilleri
Aug 12th 2012, 22:24
From the consolidated fund so that the Government cannot reduce their salaries by 1c even if they do not perform. It's like the MPs pensions which are paid from the consolidated fund which can never go bankrupt unlike the pension funds of lesser mortals like us who are continuously threatened that there may not be enough money for our pensions and that retirement age has gone up and will continue to go up notwithstanding that we would have all been paying taxes and NI contributions all our life.
Christian Pullicino
Aug 12th 2012, 11:03
hehe. Gejja l-elezzjoni qisa
Toni Borg
Aug 12th 2012, 10:45
the chamber agreed with better financial remuneration for the judiciary so long as it was accompanied by “improved performance and accountability”.
The financial part has been declared and it is something that the Judges and Magistrates will receive.
But what assurnaces does the government have that the 'performance' and 'accountability' are going
to increase???.....and can the Government please publish how much all this is going to cost us!!!
We may end up
V. Cauchi
Aug 12th 2012, 10:39
Now that afternoon sittings are about to be introduced in the local courts, it would be worth reading an interesting article which appeared in The Economist on April 14, 2011 about Court rulings actually depending on when the judge would have last had a snack. Also, the same article deals with the difference in speed and volume of motivations expended in reaching decisions.
Well worth giving it all a read considering that the study was conducted on eight Israeli judges for ten months on much the same geographical latitude as ourselves.
C:\Users\Victor\Documents\Investigations\The science of justice I think it's time we broke for lunch… The Economist.mht
V. Cauchi
Aug 12th 2012, 11:35
That link was from my file. The right link can be found here -
http://www.economist.com/node/18557594
anthony sultana
Aug 12th 2012, 10:32
Thanks PN government, it looks that you have lots of money. Can you please be kind and tell the Maltese people, where all this money coming from?
S Scerri
Aug 12th 2012, 10:28
Thank you Dr. Debono.
C Muscat
Aug 12th 2012, 10:27
My daughter's hit and run could have easily and fairly been decided in one sitting... two witnesses under oath; the police report clearly identifying the culprit and more than a year pass so that the case will be decided God knows in what way...
Justice delayed justice denied..
franco debono
Aug 12th 2012, 10:25
Nikkwota fost ohrajn l-punt 11 u 12 tal-mozzjoni privata li pprezentajt fit-8 ta Novembru 2011 :
11. revizjoni tal-ammont ta' snin, u l-esperjenza rikjesti ghall-gudikanti, kif ukoll, il-procedura kollha kemm hi tal-mod tal-ghazla u l-eta tal-irtirar flimkien mal-kundizzjonijiet tax-xoghol tal-gudikanti.
12. ezami bir-reqqa tal-konsegweni tal-ezitu tal-ahhar procedura ta impeachment, tal-effikacja ta dan il-mekkanizmu u l-Kummissjoni ghall-Amministrazzjoni tal-Gustizzja kif jezisti fil-prezent bhala check and balance kostituzzjonali ta importanza, u jekk hemmx bzonn ta revizjoni.
Onor Dr Franco Debono B.A., LL.D., M.P.
Keith Zerafa
Aug 12th 2012, 10:38
good job very well done thanks
Christian Pullicino
Aug 12th 2012, 11:03
King inti Dr. Debono. Malta ghanda bzonn iktar politici bhalek
George Camilleri
Aug 13th 2012, 09:09
Grazzi Dr Debono
James Tabone
Aug 12th 2012, 10:12
These reforms were part of the private members motion of Onor. Franco Debono. Thanks to him, maybe we are going to see some efficiency in Court.
The judiciary should only be grateful to Dr. Debono. He has been campaigning for the last four years and pushing for reforms to improve the court's system and for better work conditions and remuneration of the judiciary.
One should also ask what was Onor Carm Mifsud Bonnici doing during the past nine years? Shouldn't these reforms have been introduced years ago?
Mario Tabone-Vassallo
Aug 12th 2012, 10:08
Xieraq u sewwa li l-Gudikatura tinghata l-gharfien xieraq li, fis-socjeta taghna jistrieh hafna fuq ir-remunerazzjoni meqjusa ma dik ta' rolsrojsijiet [sic]. Tajjeb ukoll li ttawwal iz-zmien li tulu jistghu iservu qabel il-penzjoni. Dan ser jaghmel iktar u iktar mehtieg li l-gudikatura tinhatar fuq principji tajba, jintghazlu nies ta' kalibru u integrita u mhux nies tal-klikka; mhux qed insostni li dan isehh. Sthajt naqra ricercka f'Haaretz li l-kazi jdumu l-iktar biex jinqatghu fil-Qrati ta' Malta minn bosta pajjizi Ewropej kif ukoll ta' l-Amerka ta' Fuq u tal-Lvant Nofsani. L-isbah xewqat
J Demicoli
Aug 12th 2012, 10:07
So once agin Franco Debono's nonsensical salvos have been proven right and fruitful and justifiable.
Could be the excessive heat of this summer; or the high election fever?
And yet he has been censored by the same party who is taking all his suggestions on board.
bah!!!!!!!!!
franco debono
Aug 12th 2012, 09:44
I have been condemned by the PN executive for voting against CMB in parliament for blocking all these reforms about whioch NO ONE ever spoke before i filed my private members motion in parliament last November
what about that for justice?
Onor Dr franco debono B.A., LL.D., M.P.
C Muscat
Aug 12th 2012, 10:24
Maybe you are right but in my opinion you chose the wrong method of using one member majority in parlaiment that did not leave Gonzi to govern.
f in your opinion Gonzi was not good, the only solution would have been to topple him not on and off for so many months...
Andrew Vella
Aug 12th 2012, 10:31
You have been condemned by the PN executive for your misbehaviour, in my opinion you should have been expelled from the party.
That would have been justice
Andrew Vella
twanny borg
Aug 12th 2012, 10:34
kif ma tistax iddahhal go rasek li int mort kontra l-partit u kontra l-kap meta kollox kellu jsir within the party. il-maggoranza tiddeciedi mhux int. dan anki jekk kellek ragun il-partit mhux se javdak u kieku kellu jaccettak hafna nazzjonalisti ma jivvutawx. il-maturita u r-rispett hija kollox.
franco debono
Aug 12th 2012, 11:00
@ andrew vella :
i have been condemned for voting against the person who was blocking the reforms above and other fundamental reforms and for proposing the above and other fundamental reforms which Carm mifsud Bonnici didnt implement in the nine (9) years he was in the justice ministry.
Misbehaviour? mela qed tahseb qeghdin fil-klassi ? kulhadd jobdi t-teacher!
James Tabone
Aug 12th 2012, 11:14
@ Andrew Vella
And what about the other government MP's (ministers) behaviour? Shouldn't they have been condemned or expelled from the party?
Austin Gatt for the Arriva fiasco and the BWSC issue? Dolores Cristina for the fiasco regarding University funds? Joe Cassar for the complete mismanagement at Mater Dei? Tonio Fenech (the minister of finance) and then he himself admits that he failed to pay social security contribution of his maid. Carm Mifsud Bonnici for doing nothing to improve the law courts system except building chambers for judiciary which had to be demolished? The prime minister himself for voting against the will of the electorate with regards to the divorce legislation?
Anthony A. Mifsud
Aug 12th 2012, 11:28
Franco, you were right fom the word Go.
If and why your leader became incommunicado that was the right hing to exercise your freedom of speech and deire to express our self.
I for one, I would have done the same.....
Ninu
Anthony Borg
Aug 12th 2012, 11:38
It takes great courage to act against the Status Quo in Malta.
For that, I have the deepest respect for Onor Dr Franco Debono, and other politicians from all camps, who are not afraid to stand up and be counted.
Would it were we had more MPs like him.
Marco Vella
Aug 12th 2012, 11:56
Dr Debono,I know lots of people who dont write in the times but still express their admiration for you.
You are in the right path. The road of truth is not easy , but eventually, time will prove you right.
The Oligarchy will look back in shame and Justice will be done.
Keep strong and persist, we are following you in silence, but the day will come when it would be made clear to all that Truth Prevails.
Lawrence Fenech
Aug 12th 2012, 09:20
How poor was the 1 Euro 16 cents given as a cost of living, ofcourse the elections were nowhere in sight at the time of this charity. Viva il-kaxxa ta' Malta f'daqqa wahda qieghedha tfur.
Please choose the reason of your report below: