‘Radical changes’ to judiciary needed – Giovanni Bonello
‘Local judges are thrust into a role they are often ill-trained for’
Former ECHR judge Giovanni Bonello.
Maltese politicians are “stuck in a colonial mindset” and ignorant of the way judges are appointed in most democratic countries, according to one of the most eminent Maltese judges.
With two members of the judiciary facing impeachment motions and the memory of two other disgraced judges still fresh in people’s minds, political consensus on the need for judicial reform is at an all-time-high.
But former European Court of Human Rights judge Giovanni Bonello yesterday had some harsh words for local politicians, whom he said were seemingly unwilling to contemplate any radical changes to the judiciary.
Judges in Malta are nomin-ated by the Prime Minister and appointed by the President. They are generally plucked from the legal field.
That differs radically to continental systems, where judges must qualify as such and can only be promoted once they have outdone their peers in exam contexts, Dr Bonello said.
“In most other systems I know, those who intend to make the judiciary their career must join specialised law courses that train them specifically to become judges; they must sit for competitive exams to enter the judiciary and are only promoted following more competitive examinations.”
“Here we are stuck in the colonial mindset. It’s only in Anglo-Saxon systems that judges are nominated at the Prime Minister’s whim. For most other democratic countries, that would be laughable.”
He felt local judges were thrust into a role they were often ill-trained for. “Malta is one of the very few states where a person is hurled into a highly responsible, complex and demanding job, without a day’s previous training for it. What would we say of a system in which a person becomes a neurosurgeon without ever having trained to be one, simply because the Prime Minister says so?” Dr Bonello said.
The former European Court of Human Rights judge made it clear that he was not calling for the existing system to be scrapped. “The continental system has its own problems, too. But what annoys me is that it has never even been considered.
“I’ve never met a single Maltese politician who was aware that there’s an alternative way of appointing judges, practised with varying degrees of success by most democratic countries. Not a single one.”
The PN has said it would like to improve the existing system, while Opposition leader Joseph Muscat has said that, if elected, he will ensure judicial reform is in place by the end of 2013.
Dr Bonello hoped that would happen, but worried it would all amount to very little.
“Wishful thinking about judicial reform has been around for the past 2,000 years. Everyone wants to reform the courts, but, before committing oneself either way, it’s important to know what tangible measures are being proposed.”
He was irked by the narrow parameters in which talk of reform was often framed.
“People act as though the Anglo-American system is the only one and that there aren’t any alternatives.”
The UK is a case in point. Until 2005, judges there were appointed in much the same way as they are in Malta. Nowadays, a 12-person independent committee screens and examines judicial candidates before putting forward its nominations to Westminster.
A slightly similar proposal was included in a draft Administrative Code issued by parliament’s select committee on the re-codification of laws last May. It suggests creating a 10-person board to nominate judicial candidates. The board would be made up of five lay members, two judges and three ministerial appointees.
Popular Stories
Old buses, drivers to return
Former Judge Ray Pace found dead
Updated: Minister apologises for...
Three new Nationalist MPs elected –...
Where’s Everybody staff is given notice
Updated - Director of Prisons submits...
Update 3 - Woman trapped as car crashes...
Revealed...the face of a Maltese woman...
PL reacts as PN labels Franco Debono's...
In Discussion
Old buses, drivers to return
Updated: Minister apologises for...
PL reacts as PN labels Franco Debono's...
Updated - Director of Prisons submits...
Enemalta seeking minimum five year gas...
Protected birds shot and trapped as...
Mario de Marco, Zammit Dimech concede,...
PN postpones salaries as financial...
Updated - PM's offer to Opposition MPs...
55 Comments
Post comment
Please sign in or create your Account to post comments.
pat muscat
Dec 17th 2012, 09:07
It is not just the Judiciary that needs changes but most of our institutions that were planned for a society that has now changed. A case in point is the Public Broadcasting; it should be uniting our frail country and not ferment divisions. Yesterday one part of the media reported that the Police are under pressure from Castille to arrest John Dalli . The Police and Castille have not denied this
Charles Micallef
Dec 17th 2012, 07:25
If the Courts were a private enterprise they would have been closed down long time ago, due to the fact that some of the senior management are corrupt and the services they provide are dismal.
What other reasons does one want to wake up to reality of the situation?
Raymond Sammut
Dec 17th 2012, 00:03
Does Giovanni Bonello really means 2,000 years? 200 years is more like it.
Historically, judicial reforms were active following the revolutions in Europe, with those during Bonaparte's reign having the most lasting influence.
Bonello doesn't address the fact that in Malta there are two types of education: public and catholic. Start by counting how many in the judiciary come from each type.
Marianne Tabone
Dec 16th 2012, 21:22
I would like to point out that, trained or not, a judge knows that bribery is wrong! Of course he knows! But humankind is frail and sometimes people fall into temptation. But I agree with Dr. Bonello that some sort of training would help! It is pathetic that if one has the misfortune to go to court the question arises in one's mind that the judge holding one's fate in his hand may be corrupt.
Charles Cremona
Dec 16th 2012, 19:46
How you appoint judges is imaterial, whichever sytem you choose there will always be rotten apples.
Arthur Mortimer
Dec 16th 2012, 18:41
As Mr Bridger said in ' The Italian Job ' everyone in the world is bent, just depends how much they are prepared to accept. Such a shame that the judiciary are as Falable as anyone else. Innocent or guilty they should be true to their values of being impartial and acting on the evidence only and not swayed by the offer of money or gifts.
Joe Grech
Dec 16th 2012, 18:28
Thank you Giovanni Bonello!
Maltese Citizen
Dec 16th 2012, 16:15
A simple review of the curriculum vitae, available online, for the recently appointed judges shows the stark contrast between the postgraduate qualifications of the two. This in spite of the fact that they were appointed simultaneously. One hasn't got any!
The article above is so true. People like these are indeed the laughing stock of Europe.
Eric Soames
Dec 16th 2012, 15:55
In response to an earlier comment; in the US Federal judges are appointed. States vary; in some they are elected by the people, in others appointed by the governor.
Carmel Camilleri
Dec 16th 2012, 15:44
Does the continental system mentioned by Dr. Bonello ensure the incorruptibility of Judges? As long as Judges are human they are exposed to corruption whatever the system. Cases of corrupt Judges happen in every country.
Mario Tabone
Dec 16th 2012, 15:25
Every system has got its flaws. In the Uk you get judges who often make statements or even rulings that make the judiciary and the country cringe !! The latest example was a judge declaring burglars to be courageous people for what they do !!!!!
What needs reform firstly is not the actual persons holding the office of judge but the parameters and rules they work to. Make the system consistent.
P Bonnici
Dec 16th 2012, 15:24
A man talking sense at last, but it suits politicians to appoint judges themselves. I doubt if anything will change by any government.
twanny borg
Dec 16th 2012, 15:21
imhallef ma jistax jitkecca bhal kull haddiem iehor. jekk partit iressaq fil-parlament kontra imhallef il-partit l-iehor issib skuza biex tivvota kontra. veru jigri hekk?
GL Calleja
Dec 16th 2012, 14:53
Your Honour, you are so right but as I always say " WE ARE MALTESE AND WE DO AS WE PLEASE". (Caps intended). We have heard many butt jokes about our Judicial System and the corruption that exists but no politician has enough cahunas to correct the system. I don't know if he is right or wrong but Franco Debono mentioned this fact many times before but he has been ignored by this administration.
J Martinelli
Dec 16th 2012, 14:52
The 'improper training' of judges is not the real problem. The problem is the inability of any PM appointing judges to read their mind. How does Judge Bonello explain the fact that most errant judges were found guilty of an impeachable offences in recent times, after having served in an exemplary fashion for years before the unfortunate 'events'?
Or does he know more than he is letting on?
J Martinelli
Dec 16th 2012, 14:42
So, according to Judge Bonello, the British system was, to most other democratic countries, laughable until the year 2005? And with a six person panel of whom 3 are political appointees, how better would the selection be?
A far better solution would be a 66% approval by Parliament of an appointee with the condition that if the new judge is found wanting, the same 66% by law have to impeach him.
George Joseph Cauchi
Dec 16th 2012, 13:38
So Dr Franco Debono is not so irrelevant after all !!!!
Tonio Bone
Dec 16th 2012, 16:54
Irrelevant now only because he will loose his place in parliament. He was right about almost everything, but his methods were and continue to be totally wrong! Unless Labour decide to take the volatile politician under their wing the man will be an article for the attic after the next election.
Tonio Bone
Dec 16th 2012, 16:54
Irrelevant now only because he will loose his place in parliament. He was right about almost everything, but his methods were and continue to be totally wrong! Unless Labour decide to take the volatile politician under their wing the man will be an article for the attic after the next election.
Evarist Saliba
Dec 16th 2012, 13:20
As is to be expected Dr Giovanni Bonello talks sense, although I see that Dr Franco Debono (whom some are praising) disagrees.
Comments which betray partisan political bias ignore the fact that talk of reform, from both parties, has not been lacking, but when it comes to implementation, more often than not, the debate is confrontational when consensus is what s required.
twanny borg
Dec 16th 2012, 19:34
Prosit naqbel mija fil-mija. Hemm bzonn isir xi haga 'l fuq mill-partiti ghax kull darba nehlu fil-piki.
Francis Saliba M.D.
Dec 16th 2012, 12:33
Why do so many of our judges require special training to learn that accepting bribes is an absolute NO NO for the judiciary much more so than for anybody else?
Andy Farrugia
Dec 16th 2012, 13:28
Exactly!
P Bonnici
Dec 16th 2012, 15:40
What about the inconsistent sentencing?
Andrew Azzopardi
Dec 16th 2012, 19:53
Precisely. The real issue is integrity, not training.
Dr Bonello is wide off the mark. After all, he did not follow any specialised course to be appointed to the ECHR.
Jay Oatmon
Dec 16th 2012, 11:55
The first thing is a major overhaul of sentencing for career criminals, and secondly the appointment of judges and how they can be more easily removed for incompetence/corruption.
The EU must be aghast at the legal shenanigans in Malta.
F. Mercieca
Dec 16th 2012, 11:44
A very good and sensible article. I do not agree with Dr G. Bonello on one point. that politicians are ignorant of other methods in appointing judges. It appears very clearly that the present system of appointing judges, serves right the political parties, for obvious reasons.
alfred seguna
Dec 16th 2012, 11:34
This is what Franco Debono has been insisting for besides other serious things which are needed to have true democracy.But I think that there are other serious things which I don't why are being put aside such as the problem of the whistle blowers act and much more.I am curious to know more about the Olaf Case and what was the hurry to get rid of John Dalli.Also other serious pending cases.
john grech
Dec 16th 2012, 11:16
the legal system in malta does not strictly follow "common Law" - which is the british legal system. malta's legal system is a hodge-podge - and a bad one at that in that it takes the worst of both british and the so-called cntinental legal system's worst points - and sees poorly educated individuals and a system in which precedence and law is entirely interpreted by individual judges.
Carmel Zammit
Dec 16th 2012, 11:01
So may be Dr. Franco Debono was not off the line after all but Gonzipn persists in error. The result is there for all to see.
Michael Seychell
Dec 16th 2012, 14:04
I have written comments stating that Franco had made very good suggestions, but I have also stated many times that his methods were/are tottally wrong. Franco expected that evrybody would stop and act on whatever he says and believes that his proposals are taken on board without any discussions. He could have made a very good politition but he burned all his bridges. M.Seychell Tal-Pieta
Giov DeMartino
Dec 16th 2012, 20:38
Had Gonzi made Franco a minister, all problems would have been solved!
Joseph Camilleri
Dec 16th 2012, 10:51
Yes I agree that reforms are an ongoing process, but then I remember when Judge Giovanni Bonello was not chosen instead Judge Mifsud Bonnici was appointed. Judge Bonello was not pleased. It seems that when it suits us to speak we do speak according to the music.I think that no one can say anything we ARE stuck in the old colonial way. We are afraid of adopting anything that is not english.
Kenneth Azzopardi
Dec 16th 2012, 10:49
Well said Dr. Bonello the whole judiciary needs a complete overhaul and has been so for over a decade but could it be that both the prime minister and the politicians are not willing to effect any radical changes in our democracy because it suits them this way bearing in mind that the ultimate form of power and the most subversive type is the fact that are able to leave the legislative the same.
Tonio Bone
Dec 16th 2012, 10:39
As is mostly the norm, in Malta they come recommended! Was Franco Debono right that the whole justice system including our prisons needs a drastic overhaul, of course he was! If a Judge is warned in 2008 about his conduct he should not find himself in an aleged bribing scandal four years down the line with him still serving as a Judge! Can the parties find consensus at least on these issues???
carmel cassar
Dec 16th 2012, 10:37
If a judge is unfairly selected, how can fairness guides his decisions.
Tonio Bone
Dec 16th 2012, 10:30
In the much publicized debate on Xarabank yesterday it was confirmed that one of the Judges in the limelight at the moment 'had been warned' about his conduct in 2008! Warned? Four years down the line he is allegedly implicated in a bribing scandal! If you are a Judge once you are warned and no heed is given one needs to take IMMEDIATE ACTION!
Its the whole system that needs an overhaul! Bigtime!
Victor Zammit
Dec 16th 2012, 10:25
Not only in Malta; partly. In the USA the President nominates but the Senate confirms judges. In Italy they train them beforehand. In the UK there is an independent committee. We too have one but following appointment. We talk of the separation of powers but practise it in fits and starts. The executive is overbearing even in parliament. Tools of yesterday in today's hands are tomorrow's failure.
D M Grech
Dec 16th 2012, 10:23
Well said Dr Bonello.
The same applies to the other "pillar" of of our democracy, the Executive. Village doctor cum amateur politician one day ... Minister for Health the next; ... school teacher cum amateur politician one day Minister for Education the next; ... etc etc ...
H. Galea (NRK)
Dec 16th 2012, 10:21
In other words it is all about meritocracy !
C Muscat
Dec 16th 2012, 10:06
Very very good article.
Clearly the system is now resting on the persons appointed during the last 25years and the way a judge is appointed that is by the prime minister on his own initiative is similar in today's language like a totalitarian regime.
For appointing the wrong persons, the government is praising the system that according to PN applies for all the same. Very pathetic!
Lawrence Fenech
Dec 16th 2012, 10:00
You are right Dr. Giovanni, the radical change started in the Judicial salaries and full pension.
JG. Briffa
Dec 16th 2012, 09:53
Quote from Franco Debono Blog
PN should be ashamed to utter the word ‘justice’. I didn’t have to wait for Vanni Bonello, the judge who misquotes even his judgements (he didn’t know that Stephens vs Malta was about bail, not illegal arrest) - my proposals have been filed in parliament months and years ago – but GonziPN lacks vision.
V. Cauchi
Dec 16th 2012, 09:52
Specialised courses, competitive exams only solve the intellectual aspect of selection and avert the danger of contacts by former clients in private practice. Problem is moral fibre which tends to wear down after the initial euphoria and which no one, being human, can vouch for himself. It is also a matter of lifestyle and contacts which when raised in 2002 was hastily shot down as anathema today.
Mr Peter Korsten
Dec 16th 2012, 09:48
And whilst you're at it, get rid of the Westminster system as well. Ministers being MPs as we'll? It happens nowhere else except in the UK. It hollows out the independence o cc Parliament.
A M Bonello
Dec 16th 2012, 09:44
We also need a brand new constitution.
Franco Attard Trevisan
Dec 16th 2012, 09:40
Politicians take note.. (and learn something for once!!!)
JG. Briffa
Dec 16th 2012, 09:39
Dan fejn kien kien rieqed b hekk ma tistax tiehu ruh il judigatura ghax hemm nies bhal Bonello dan ma jafx li wahda mil punti li ministru gie sfiducjat fil parlament kien li ghax ma ghamielx ir riformi u spicca waqa il gvern ukoll Franco Debono 4 snin ilu ihanbaq fuqhom dawn ir-riformi PROSIT FRANCO ANKE GIOVANNI BONELLO TAK RAGUN MELA VERU GONZI FALLA
Geoffrey Farrugia
Dec 16th 2012, 09:39
ehhhh kemm ghandu ragun Giovanni Bonello! Kemm kienu dawk il-magistrati u mhallfin li lahqu bil-mertu u mhux ghal xi raguni ohra? Basta wiehed jara x'gara f'dawn l-ahhar snin biex jiehu twegiba.
Godfrey Pisani
Dec 16th 2012, 09:30
A good and decent proposal that make prefect sense I hope that people like this hon gentlemen find space were to work in our structures so that one day we start moving forward . This country needs a lot of people with comon sense not people with friends and greed.
Joseph Grech Attard
Dec 16th 2012, 09:26
Very interesting article and much needed information. This vindicates Dr. Franco Debono in his efforts to change the judiciary system in Malta. What I feel is missing here is that the PM who choses the judges would probably chose them from his own political sphere, with, therefore, more possible bias and, hence, corruption. Imagine if a party is in government for 25 years!!
C Sant
Dec 16th 2012, 10:11
Hi Joe, very strange but of 3 Judges nominated by your party between 1996 and 1998, 1 has spent prison time for bribery, 1 is undergoing court procedure and the third one has an impeachment process! Imagine if the PL was in government for 25 years! From those nominated in these 25 years, only one has actually been imprisoned or impeached!
JG. Briffa
Dec 16th 2012, 10:35
@ C.Sant
U il-gvern tieghek ma riedx jaghmel ir-riformi sa tnehha il-ministru Carm mifsud bonnici
Joseph Grech Attard
Dec 16th 2012, 19:47
Mr Sant - what you, i hope, inadvertently, failed to mention is that the largest fish of all, the ex-chief justice, was made judge and Chief by EFA! U l-huta minn rasha tinten! Akbar m'int, akbar hemmek. And, besides this, EFA gave him all the moral support. Remember? It is the same with corruption in other sectors. Whoever is in power, the appointing of judges is wrong and unjust.
Joseph Grech Attard
Dec 16th 2012, 20:05
By the way Mr. Sant, party politics should not be the prerogative of the judicial system, which should be impartial. But, as things stand, it cannot be. Bias is unavoidable in the majority of cases. Hence we do not know whether there are other cases which have been swept under the carpet, since most of the judges present have been appointed by the PN and GonziPN, present for the past 25 years!
Please choose the reason of your report below: