Repubblika calls for reform of Chief Justice appointment process

The appointment of Malta's next Chief Justice should be guided by principles that strengthen judicial independence rather than political calculations, civil society organisation Repubblika has said.

In a statement, the NGO argued the issue of appointing a new Chief Justice has largely disappeared from public discussion following the general election, despite remaining an important constitutional matter.

"Just because the election is over does not mean the need to appoint a Chief Justice has disappeared," Repubblika said. "Now that electoral pressures have subsided, there is an opportunity to address this issue with the seriousness it deserves."

The organisation insisted public debate should focus on the appointment process rather than on potential candidates.

"The office of Chief Justice is not a political position," Repubblika said, arguing the head of the judiciary should not be selected through partisan competition between political parties or become the subject of political controversy.

The appointment of a new Chief Justice has been the subject of political and national discussion in recent months, with speculation focusing on possible candidates and whether consensus could be reached between the government and opposition. Under Malta's Constitution, the appointment requires the support of at least two-thirds of Parliament.

Government’s initial nomination for chief justice, Judge Consuelo Scerri Herrera did not pass after the motion failed to achieve a two-thirds parliamentary majority.

The saga took another twist when sitting Judge Lawrence Mintoff sent an explosive letter with allegations against Robert Abela following the latter’s decision to not nominate him for chief justice.

Repubblika said recent debates had exposed weaknesses in the current system, as discussions centred on individuals rather than on the principles that should govern the appointment of the country's most senior judge.

"The most important question has been overlooked: how should a democratic state choose the head of an independent judiciary?" the NGO said.

The organisation reiterated its longstanding position that the appointment should be based on merit and designed to reinforce the judiciary's independence. It argued that because the judiciary is a separate branch of the state, judges themselves should play a decisive role in selecting the person who will lead them.

Repubblika also pointed to recommendations made over the years by European institutions calling for greater judicial involvement in the process. The objective, it said, should not be to secure a political agreement behind closed doors or through public political theatre, but to ensure that appointments are as free as possible from political interference and enjoy the confidence of the judiciary itself.

The NGO urged Malta to hold a mature discussion about the principles governing the appointment before political debate once again turns to the names of individual candidates.

"The question is not who should be appointed Chief Justice," Repubblika said. "The question is how Malta can ensure that the appointment strengthens judicial independence, increases public trust in the courts and better guarantees the separation of powers on which our democracy depends."