There is nothing in the law or the Constitution that should prevent Parliament from taking its decision on the new motion to impeach Mr Justice Lino Farrugia Sacco, constitutional experts have told Times of Malta.

The House Business Committee is next week expected to discuss the way forward after the Commission for the Administration of Justice stood by its recommendation that Parliament move ahead on an earlier impeachment motion submitted by former Prime Minister Lawrence Gonzi.

The ball had been pushed back to the commission’s court after the Speaker ruled that the motion presented in 2012 by Dr Gonzi was no longer valid. Prime Minister Joseph Muscat then presented a new impeachment motion.

Mr Justice Farrugia Sacco has complained the commission’s position confirming its decision is denying him due process and he could file a Constitutional case.

However, former European Court of Human Rights Judge Giovanni Bonello told Times of Malta that Parliament can proceed and is not bound to wait for further court proceedings.

He said the House could determine its own procedures independently and the court cannot interfere in this. However, he added that it would be prudent for Parliament to halt the proceedings should a case be filed.

The Nationalist Party yesterday accused the government of dragging its feet on the matter, having rejected a request for an urgent meeting of the House Business Committee to chart the way forward for a quick decision by Parliament.

Replying, the government said the PN was creating an issue out of nothing, since the PAC meeting was already scheduled for Wednesday. The Labour parliamentary group will meet on Monday.

It also pointed out that this issue has been pending since 2007 and no action had been taken by the PN government.

In contrast, the present government acted quickly when the Commission for the Administration of Justice announced its decisions. 

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