Repubblika withdraws constitutional case over judicial appointments

Repubblika has withdrawn the constitutional case it filed for judicial appointments.

In a memo submitted this morning, the NGO said it recognized that the European Court of Justice (ECJ) had limited itself to what is set out in the law and that it was up to that court to review the application of the law from 2013 onwards.

While this exercise would have historical and academic relevance, it was stated that the point of the case she submitted was not historical or academic.

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.

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

The chief judge who directed the case thanked the parties for their good behavior and the case was closed.

Repubblika wanted the European Court of Justice to determine whether the current system of appointment of judicial officers as defined in the Maltese Constitution violated the European Treaty and / or the Charter of Fundamental Rights.

It had stated that the current system gave the Prime Minister “arbitrary discretion”, was not subject to “clear and objective rules or criteria”, and required no explanation, motivation, or judicial authority.

CONTINUE READING: The European court will negotiate Malta’s judicial appointments