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The civil society organization Repubblika has waived its legal dispute over the appointment of judicial officers following a recent decision by the European Court of Justice.
The NGO asked the European Court of Justice to determine whether the current system of judicial appointments violated the European Treaty and / or the Charter of Fundamental Rights. In its decision, the court stated that the prime minister’s power to select judges from a shortlist does not violate EU law.
The ECJ ruling
Malta is required to have an independent judicial body – the European Court of Justice
Opposition MP Jason Azzopardi, who served in his professional capacity as a lawyer for Repubblika, said the challenge had contributed to important reforms and on April 15, four judges were appointed by a new system that bypasses political interference.
Under the new system, it is the President of the Republic, rather than the then Prime Minister, who makes the final decision on the appointment of judicial officers.
The Judicial Appointments Committee appoints judges
Four new judges appointed by the President at a public request
Azzopardi stated that the European Court of Justice (ECJ) had limited itself to the legal provisions and stated that it was therefore up to this court to examine the application of the law from 2013 onwards.
He added that the challenge secured important guidelines on the independence of the judiciary, which are vital to democracy.
The ECJ’s statement has received academic recognition and Repubblika is proud of that, added Azzopardi.
The prosecutor said he was aware of the withdrawal of the case and agreed that each of the parties should bear their respective legal and judicial costs.
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