Updated - Adds government statement.
The Maltese Judiciary in a rare public statement has criticised aspects of the First Consultation Document prepared by the Commission on the Holistic Reform of the Justice System.
The judges and magistrates, in a report that will be presented to the government and the commission, noted that the most fundamental issue addressed by the consultation document concerned the role of the Commission for the Administration of Justice (CAG).
"This Commission is already entrusted with a constitutional role in the appointment, discipline and removal of members of the Judiciary. Furthermore, it already provides all the necessary guarantees and safeguards to secure the autonomy and independence of the judiciary in the exercise of its functions," the judiciary said.
"The terms of reference of the Reform Commission were clear - to strengthen the role of the CAG. Instead, the Commission has effectively dismantled the CAG and suggested replacing it in its essential functions with a proliferation of committees. The suggestions puts forward by the Commission furthermore conflict with International and European guarantees and standards aimed at ensuring the independence and autonomy of the Judiciary. Given these principles, the proposals of the Reform Commission make no sense at all and are unacceptable."
The judiciary said they were of the same view with reference to the suggestions concerning the removal of members of the Judiciary.
"The Judiciary has a duty to point out that the Commission even went beyond its terms of reference on this matter as it was not given the authority to make proposals concerning the procedures for the removal of Judges and Magistrates. However, the Judiciary will not shy away from addressing the suggestions made by the Commission but , for the same reasons already mentioned, cannot accept a substitute Committee to the CAG which does not respect European and international standards and guarantees."
The members of the Judiciary said they agreed that the reforms should be directed at strengthening the CAG's function of sanctioning members of the Judiciary who behave inappropriately .In this context, the Judicial Code of Ethics already regulated matters of discipline.
"With reference to the appointment to the Bench, the final choice should remain with the Executive, which is to retain ultimate responsibility for the choice," the Judiciary said.
As for the removal of members of the judiciary, the judiciary said the CAG should be given the authority to take the initiative rather than wait for such a motion to be put before Parliament.
The members of the Judiciary said they agreed in principle with many recommendations put forward which are of an administrative nature, but more details were needed as to their implementation before they could give a definite response. In any case, many suggestions were already regulated by the Code of Organisation and Civil Procedure, by the Criminal Code and by the Rules of Court and did not need to be restated.
"Judges and Magistrates understand and agree that proceedings should be concluded within a reasonable time and therefore welcome any suggestion in accordance with the legitimate expectations of the parties to the suit."
GOVERNMENT WELCOMES JUDICIARY'S PARTICIPATION
The government in a statement welcomed the judiciary's participation in the consultation process. It noted that the Judiciary had agreed that there was need to strengthen the mechanism for sanctions against judges who did not act in the manner expected of them.
See consultation document and Judiciary's reaction in full on pdfs below
Attached files
Attached files