Anthony Borg Barthet reappointed judge to Court of Justice

New judge to the General Court, Eugène Buttigieg, replaced Ena Cremona.

Judge Anthony Borg Barthet has been reappointed judge at the European Court of Justice.
Judge Anthony Borg Barthet has been reappointed judge at the European Court of Justice.

The government has reappointed Anthony Borg Barthet to the Court of Justice for the period up to 6 October 2018.

The government appointed Eugène Buttigieg judge to the General Court for the remainder of the term of office, which ends on 31 August 2013.

The Court of Justice is composed of 27 judges and eight advocates-general, while the General Court is made up of at least one judge from each member states.

Until recently, the Maltese government was expected to insist on its nomination of Judge Joseph Filletti to the General Court of the European Court of Justice, despite a selection panel having turned down the former Constitutional Court judge's nomination earlier this year.

Malta was expected to reconfirm Borg Barthet, 64, as judge in the Luxembourg court back in December 2011 along with a host of EU member states which have already confirmed their nominations.

Up until recently, the government was still trying to identify a replacement for Borg Barthet, who was first appointed in 2004 and reappointed in 2006 for six years.

But reappointment saved justice minister Chris Said the headache of having to find a replacement that satisfies the onerous selection criteria of the ECJ: something that was already tormenting him after Mr Justice Joseph Filletti, 65, was turned down by the panel of experts who examined his suitability for judge at the General Court.

The appointment of Buttigieg, also solves a problem that had been troubling the government after Ena Cremona, the 74-year-old judge whom Filletti was supposed to replace, ended her tenure after resigning in January 2011 for personal reasons.

According to EU rules, it is up to member states to make their nominations for the appointment of judges on the European Court of Justice's grand chamber and general court.

However appointments are made after consulting a panel of retired ECJ judges and senior EU law experts, as well as the Court's president, who give an opinion on candidates' suitability.

The workings of the Court of Justice are conducted in French and member states are expected to nominate persons with sufficient experience and knowledge to able to perform their duty at European Union level.