AD says politicians should not interfere in choice of judiciary

A proposal by the Nationalist Party suggesting a government and an Opposition representative on a board nominating judicial appointments has been shot down by Alternattiva Demokratika, with the Green Party insisting that nomination should not be subjected to the vetting of the two parties.

The proposal to establish a judicial services appointment authority is part of a series of measures suggested in a private members’ bill filed by shadow home affairs minister Jason Azzopardi earlier this week.

The PN is proposing that the authority, appointed by the President of Malta and made up of the Chief Justice as its present, the president of the Chamber of Advocates, the Attorney General, and two lawyers each nominated by the Prime Minister and the Opposition, recommends the appointment of judges, magistrates, small claims tribunal adjudicators and the Chief Justice following a public call for applications.

Justice Minister Owen Bonnici has since said he was taking the PN’s proposals with a pinch of salt, while on a similar vein, AD Chairperson Arnold Cassola said his party opposes the proposal.

“We do not accept having to subject these nominations to the vetting of the two parties, who already dominate the Broadcasting Authority and the Electoral Commission,” AD Chairman Arnold Cassola said.

“While there seems to be national consensus that the government of the day should no longer appoint members of the judiciary, there are still differences on the proposed method appointment. Alternattiva Demokratika is totally against the PN proposal that is suggesting one representative of the government and the other of the opposition on the five person board nominating judges and magistrates,” he said.

Cassola explained that the AD believes judges and magistrates should no longer be appointed by the government but by the President of the Republic after having undergone a parliamentary hearing and be subject to confirmation by a parliamentary majority.

“This would ensure checks and balances between the executive power (exercised in this case by the President of the Republic) and the legislature.”

Prime Minister Joseph Muscat and Justice Minister Owen Bonnici have pledged that the reform on the appointment of judiciary members would be carried out before the next election