The public is not aware of the constant efforts being made to improve and overhaul the justice system.

A letter from Frans H. Said, Public Wants Overhaul Of Justice System (October 27), seems to show the lack of awareness of the different steps that have been taken in the past few years to address shortcomings in the justice system, always within the framework of scrupulously adhering to the principle of the separation of powers, which is basic in a democracy.

During the last five years this government has, among many others, taken the following legislative steps:

The introduction of the executive judicial letter, a measure that has removed from the courts’ workload time-consuming, unnecessary and costly procedures to give a presumably admitted claim an executive title; the strengthening of the Small Claims Tribunal, which has also contributed to make more expeditious the resolution of disputes; the introduction of the Malta Mediation Centre, a measure which again granted the possibility to settle law disputes in an alternative manner; the strengthening of the Malta Arbitration Centre; the total overhaul and reform of the executive and precautionary warrants; and the introduction of the Administrative Review Tribunal.

In addition to the above, the Code of Organisation and Civil Procedure was amended to include various provisions intended to address the public concern, among which is a particular article stating that a civil lawsuit should be appointed within two months of it being filed, and another providing that a court sitting should not be adjourned for a period longer than two months.

Moreover, two new measures (which at first were looked down upon but are today gaining ground) were introduced to provide the parties in a lawsuit with the possibility of asking the Chief Justice, in writing, to substitute the presiding judge of their case if such case has been pending judgement for more than three years. This same mechanism may also be used if a lawsuit has been adjourned by the presiding judge for more than 18 months.

The judiciary has reacted positively to these new legal instruments and today the majority of pending lawsuits are within the three-year limit.

At the same time, amendments were introduced to strengthen the independence of the judiciary and reserving for the Chief Justice a different role within the judiciary.

Furthermore, different administrative measures were also introduced so as to afford the public the possibility of a far better service including, but not only, the posting of court judgements and all court statistics, including a detailed age-analysis of pending cases on the ministry’s website.

In the past few years, the composition of our courts’ workload has changed. The reforms mentioned above have really produced changes for the better. However, this ministry has not stopped doing its part in improving, as much as possible, the courts’ work practices and will hopefully be submitting further new legislation in the coming months.

In view of the above, Mr Said is therefore kindly invited to take the necessary legal advice and exploit the measures already in place.