PRESS RELEASE BY THE MINISTRY FOR JUSTICE AND THE REFORM OF THE CONSTRUCTION SECTOR Constitutional reform to strengthen efficiency and continue raising standards in the justice sector

During a press conference, Minister for Justice Jonathan Attard announced a package of constitutional amendments to strengthen standards further and improve efficiency within the justice sector. These amendments form part of ongoing constitutional developments, building on the reforms introduced since 2020, through which Malta has established European standards.

Minister Attard explained that the proposed amendments are the result of several months of discussions, during which various reports and public addresses, particularly those of the Chief Justice at the opening of the forensic year, were reviewed.

The minister stated that the ministry takes note of the appeals made by the Chief Justice, draws up the deliverables, and undertakes several initiatives to implement such changes on an annual basis. While some measures, mainly administrative in nature, are enacted immediately, others require legislative amendments through parliamentary procedures, such as the current constitutional reform. This Bill affirms the Government's ongoing commitment to prioritising the justice sector and responding constructively to appeals made in good faith.

The minister presented the following key constitutional amendments:

•           Removal of the sub-article prohibiting Judges from being appointed as President of the Republic;

•           Establishment of three sections within the Constitutional Court to adjudicate constitutional appeals;

•           Enhanced judicial involvement in the appointment process of the Chief Justice;

•           Introduction of a formal register of shortlisted candidates by the Judicial Appointments Committee;

•           Extension of the mandatory retirement age for members of the judiciary to seventy (70) years, subject to a review by the Commission for the Administration of Justice;

•           Review of the terms and procedures of the Committee of Advocates and Legal Procurators concerning ethical conduct;

•           Establishment of the role of Commissioner for Standards of the Judiciary, appointed by the Commission for the Administration of Justice, along with reinforced disciplinary procedures and an expanded ethical framework for the judiciary;

•           Clarification of the Auditor General's constitutional role in instances of lack of agreement, in line with similar constitutional positions;

•           Additional amendments aimed at modernising legal drafting and improving cross-referencing.

Minister Attard provided a detailed overview of these amendments, particularly those addressing standards and disciplinary measures within the judiciary. He emphasised that these reforms should not be interpreted as a sign of distrust toward the judiciary. “On the contrary, I have always expressed my full confidence in the judiciary. The vast majority of members of the judiciary uphold their constitutional oath with integrity. However, as in all institutions, isolated actions can undermine public trust. It is therefore essential not only to enshrine ethical standards in the Constitution but to establish robust mechanisms for their enforcement," stated Minister Attard.

The minister further stated he is convinced that the proposed amendments will enhance access to effective remedies for citizens while reinforcing public confidence in the judiciary. “This is a historic constitutional milestone that further strengthens the rule of law in Malta," he affirmed.

The press conference was also addressed by the Government Whip, Naomi Cachia, who provided an overview of recent constitutional amendments enacted by the Government. Dr Cachia outlined the parliamentary timeline for the current Bill, stating that following its first reading last week and its publication today, the Government intends to proceed with the second reading during the upcoming week and subsequently the final vote.

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