PRESS RELEASE BY THE MINISTRY FOR JUSTICE, RESEARCH AND INNOVATION Two new reforms to strengthen independence, transparency, and access to justice

Minister for Justice, Research and Innovation, Clifton Grima, today steered two important legislative Bills through Parliament to further strengthen the rule of law and democracy and broaden access to justice.

Minister Grima emphasised that, within the first hundred days of the legislature, the Government continued to deliver on another important electoral manifesto commitment by also reforming the framework governing specialised administrative tribunals. The reform will strengthen their independence while preserving their specialised expertise.

Through this Bill, the Government is making a deliberate choice to relinquish a power already vested in it by law to appoint members of specialised administrative tribunals. That power will instead be entrusted to an independent Commission composed of a retired Judge or Magistrate and four other members of recognised integrity and acknowledged competence. From now on, members of a number of specialised tribunals will be selected through a public, competitive and merit-based process. This also reflects the changes introduced under a Labour administration to the method of appointing members of the judiciary, who, prior to 2020, were likewise selected by the Executive thus showing continuity.

Through a separate Bill, Minister Clifton Grima further strengthened access to justice and accountability in relation to the Attorney General’s exercise of judgement when the Attorney General takes a deliberate decision not to prosecute - a decision permitted under Maltese criminal law. Minister Grima emphasised that the reform creates greater scope for such decisions to be challenged and scrutinised, while strengthening transparency, accountability and the rule of law.

These reforms were developed through extensive engagement with the European Commission in the context of the Recovery and Resilience Facility (RRF).

The Bill concerning specialised administrative tribunals was also developed through direct and extensive engagement with the Venice Commission. During its visit to Malta at the invitation of the Maltese Government, the Commission consulted and met not only with the Government but also with representatives of the Opposition, the Parliamentary Ombudsman, professional organisations and other stakeholders.

In its assessment of the Bill, the Venice Commission officially stated that “the proposed amendments appear to address several important concerns and represent a significant step in the right direction.”

This reflects Government’s commitment towards the justice sector and to strengthening the rule of law.