Prime Minister Joseph Muscat on Thursday again failed to give an indication of when he planned to implement the Venice Commission’s recommendations on judicial appointments.
Pressed for a specific declaration that Thursday's were the last appointments of members of the judiciary under the present system, Dr Muscat insisted he would not give any timelines.
“I will not confirm anything about further appointments because situations could develop that would make certain things necessary,” he said curtly.
When Times of Malta insisted that Dr Muscat outline his plans on the recommendations made, he replied: “We will definitely implement the changes before those ever implemented by a Nationalist government.”
Declaring he was making a political comment on the court case filed just before the swearing-in ceremony, he lambasted Nationalist MPs Simon Busuttil and Jason Azzopardi for signing Repubblika’s court application. “It is ironic the two lawyers are now not supporting a system introduced in 2016 and which was voted upon unanimously by Parliament,” Dr Muscat remarked.
We will definitely implement the changes
When asked why he was still rushing on with the appointment of members of judiciary despite the Venice Commission’s comments that a reform was required because the one in place did not safe-guard the independence of judges and magistrates, the Prime Minister noted that reforms took long to implement and necessitated discussions.
Following constitutional amendments, the government, in 2016, had introduced the Judicial Appointments Committee, which would evaluate candidates applying to become members of the judiciary. The government, however, still enjoys the prerogative of choosing the candidates who get the committee’s blessing.
The first candidate appointed under the new system was Toni Abela, a former deputy leader of the Labor Party, who was appointed judge.
In a recent report issued on Malta’s rule of law and the state of democracy, the Council of Europe’s Venice Commission said the modified judicial appointment system still “falls short of ensuring judicial independence and further steps are required”.
“The principle of independence of the judiciary requires that the selection of judges and magistrates be made upon merit and any undue political influence should be excluded,” it noted.
Dr Muscat said he agreed with the Venice Commission’s recommendations but has, so far, ignored calls from various quarters, including the Opposition parties, not to make further appointments to the Bench until a new system is launched.