Repubblika warns judicial appointments should not depend on political calculations

Civil society organisation Repubblika has warned the appointment of the Chief Justice should never depend on political calculations, saying any system that allows partisan considerations to intersect with judicial promotion risks undermining the separation of powers.

In a statement reacting to media reports about a letter sent by Lawrence Mintoff to the Prime Minister and other members of the executive concerning the appointment of the Chief Justice, the organisation said the episode raises serious institutional concerns.

Repubblika called for the full and authenticated publication of the letter, stressing that transparency is indispensable in matters touching on the highest judicial office in the country. It said it would reserve its final judgment until the complete contents are made public and examined in full.

Subject to confirmation of the reports, the organisation said that if it is accurate a sitting judge felt compelled to address members of the executive directly about his prospects for appointment, this would point to a deeper structural problem in Malta’s constitutional arrangements.

A system in which the appointment of the Chief Justice depends on political negotiation between parties inevitably risks drawing both politicians and members of the judiciary into a dynamic incompatible with the separation of powers, it said.

Prime ministers should never be placed in a position where partisan calculation can intersect with judicial promotion, the organisation added. Equally, judges should not find themselves in circumstances where engagement with the executive, ir the perception of such engagement, becomes part of the process of elevation to high office.

Even the appearance of such interactions, Repubblika warned, erodes public trust in the independence and dignity of the judiciary.

The organisation said the episode underscores the urgency of constitutional reform. It reiterated its long-standing proposal that the Chief Justice be chosen by and from among members of the judiciary, removing political actors from the process altogether.

Such reform, it argued, would better safeguard judicial independence, prevent perceptions of political bargaining and protect judges from being drawn into political controversy.

“At stake is not the standing of any individual, but the credibility of our justice system,” the organisation said, noting that public confidence has already been diminished by endemic delays and other signs of dysfunction.

Repubblika reiterated its call for full transparency and for serious constitutional reform to restore and strengthen public confidence in Malta’s judicial institutions.