Repubblika withdraws constitutional case after latest round of judicial appointments

The civil society NGO Repubblika has withdrawn a constitutional case it filed for the appointment of judges and judges.

In a note filed on Wednesday morning, the group said it recognized that the European Court of Justice had limited itself to what is set out in the law and that it was up to that court to consider the application of the law from 2013 onwards.

The ECJ’s decision created an important guide for EU citizens on judicial independence that has drawn academic and legal practitioners’ attention, and the European benefit of the case is something the Repubblika is proud of.

Repubblika wanted the ECJ to determine whether Malta’s system of appointing judicial officers under the Maltese Constitution was in breach of the European Treaty and / or the Charter of Fundamental Rights.

The system, it had argued, gave the Prime Minister “arbitrary discretion”, was not subject to “clear and objective rules or criteria” and was neither in need of explanation, nor motivation, nor subject to a judicial authority.

Repubblika lawyer Jason Azzopardi said the case contributed to important reforms and four judges were appointed on April 15 without government intervention.

Both the Republic and the government agreed to bear their own costs in this case.