The current system of judicial appointments is superior to the practice prevalent before 2016, and although there is still room for improvement, such a highly important and delicate matter called for caution and prudence, the president of the Chamber of Advocates, Louis de Gabriele said on Monday.
He spoke on the manner of judicial appointments when delivering his address during the inaugural ceremony of Madam Justice Joanne Vella Cuschieri.
Judicial appointments have recently been a subject of political controversy, with the NGO Repubblika having gone so far as to seek court action to block new appointments, and later to block the assignment of duties to new members of the judiciary, pending implementation of recommendations by the Venice Commission on the Rule of Law.
Dr de Gabriele pointed out that the final discretion still rested with the executive, and it was mainly up to politicians to address the situation through wider consultation with all those who could contribute towards a solution in line with the expectations of a modern society.
The independence and impartiality of the judiciary was not solely related to their appointment but also to the rigorous and intellectual integrity of every member called to the bench, irrespective of any role he or she may have occupied previously, Dr de Gabriele said.
As for the newly appointed judge, the Chamber President praised her efficiency and dedication in the handling of the caseload as a magistrate, especially in the Gozo Courts where she was known to deliver judgments on their due date and had even managed to resolve a case that had been pending for 40 years.
The promotion of magistrates to judges augured well, Dr de Gabriele continued, since their experience in the lower courts eased their transition from lawyers to members of the judiciary.
“You have made this transition successfully,” the Chamber president said.
In an emotional speech, tracing her upbringing and years of academic and practical formation as a lawyer, Madam Justice Vella Cuschieri heaped praise upon relatives, friends and colleagues who had contributed in varying ways to her success, bringing tears to her parents’ eyes as they sat inside the packed courtroom.
She also thanked the Judicial Appointments Board who had nominated her to the bench of Judges.
Having regularly served on the Courts in Gozo, Madam Justice Vella Cuschieri made reference to the current pitiful state of the building housing the Gozo law courts, saying officials worked in damp, stuffy and overcrowded conditions.
In spite of this, they continued to prove themselves as a motivated team, the judge said, calling upon authorities to address the need for a new building to house the courts in Gozo.