Judiciary tears down proposals on Commission for Administration of Justice

In their report on the first consultation document prepared by the Commission on the Holistic Reform of the Justice System, the Maltese Judiciary has lambasted proposals put forward for the Commission for the Administration of Justice (CAJ).

"The suggestions put forward conflict with international and European guarantees and standards aimed at ensuring the independence and autonomy of the Judiciary," the Judiciary said in its analysis of the first document.

It explained the CAJ was already entrusted with a constitutional role in the appointment, discipline and removal of members of the Judiciary.

It also provides "all the necessary guarantees and safeguards" to secure the autonomy and independence of the judiciary in the exercise of its functions.

"The terms of reference of the Reform Commission were clear: to strengthen the role of CAG. Instead, the Commission has effectively dismantled the CAG and suggested replacing it in its essential functions with a proliferation of committees."

In its missive, the Judiciary dubbed the proposals as being "unacceptable" and which "made no sense".

Turning to the suggestions of the removal of members of the Judiciary, it accused the Reform Commission of "going beyond its terms of reference". It insisted the Commission was never given the authority to make proposals concerning the procedures for the removal of judges and magistrates.

It reiterated it could not accept a substitute Committee to the CAG which did not respect European and international standards and guarantees.

The Judiciary insisted the final choice on the appointment to the Bench should remain with the Executive, which is to retain ultimate responsibility for the choice. With reference to the removal of members of the judiciary, the CAG should be given the authority to take the initiative rather than wait for such a motion to be put before Parliament, it added.

In principle, the Judiciary expressed its agreement with many recommendations put forward which were of an administrative nature. But more details were needed before it could give a definite response.

"In any case, many suggestions are already regulated by the Code of Organisation and Civil Procedure, by the Criminal Code and by the Rules of Court and did not need to be restated. Judges and Magistrates understand and agree that proceedings should be concluded within a reasonable time and therefore welcome any suggestion in accordance with the legitimate expectations of the parties to the suit," it said.