Venice Commission favours constitutional change for reform of regulatory bodies

The Venice Commission has put its weight behind a constitutional amendment dealing with fines levied by regulatory authorities in an opinion to the Maltese government.

In a reasoned opinion delivered today, the Council of Europe body said the reform proposed by the government was best achieved through a constitutional amendment rather than changes to the Interpretation Act.

The Venice Commission was asked for an opinion last March after a government proposal to amend the Constitution was stonewalled by the Opposition. Government then presented amendments to the Interpretation Act, which would have required a simple majority.

The reforms dealt with the fair trial requirements in proceedings which may lead to the imposition of substantial administrative penalties by various authorities such as the Malta Gaming Authority, the Planning Authority and the Financial Intelligence Analysis Unit.

Former Opposition leader Adrian Delia had warned government that he will challenge an amendment to the Interpretation Act in the Constitutional Court if it is passed in parliament, insisting that any change should be enacted through a constitutional amendment.

Justice Minister Edward Zammit Lewis had insisted that the amendments were intended to strengthen the authorities in the fight against corruption and money laundering.

Reacting to the Venice Commission’s opinion, Zammit Lewis said he was satisfied with the outcome.

“The Commission has clearly understood the government’s primary initiative to promote Bill 166 in parliament, that is, the Bill amending the Constitution does not go against the fundamental human rights and ensures that Article 39 of our Constitution - the right to a fair hearing - is in conformity with Article 6 of the European Convention on Human Rights,” he said.

The Justice Minister said the Commission’s opinion suggests the Bill strikes a balance between having effective public authorities and a system of guarantees sufficient to ascertain a fair hearing to all citizens.

“After the publication of this opinion, I hope that the Opposition reacts in a responsible manner by ensuring that Bill number 166 passes through the House of Representatives with the required majority,” Zammit Lewis said.

The constitutional amendment requires a two-thirds majority to pass.