Two army officers who were not promoted because of security issues will take their case to the European Court of Human Rights.
Lieutenant Colonel Mario Schembri and Major Pierre Vassallo had filed a constitutional application against the Prime Minister, the Minister for Justice and the Interior, the Attorney General and the Armed Forces of Malta commander complaining that their application for promotion was dismissed as the National Security Authority did not give the necessary clearance.
The court heard that, in conformity with the EU security regulations, people occupying posts within the public service and who had access to classified information had to have security clearance.
This was handled by the NSA and not by the AFM commander.
Army officers lacking such security clearance would not lose their rank but would not be eligible for further promotions.
Mr Justice Anthony Ellul said the lack of security clearance clearly affected the two officers’ civil rights in terms of career prospects and their duties. But once the law did not stop the officers from seeking redress in court, their human rights had not been violated.
His judgment was confirmed on appeal, which led to the two officers to take the matter to Europe in a bid to obtain a declaration of human rights violation. Lawyers David Camilleri and Joseph Gatt appeared for the two officers.