Commission for the Administration of Justice of Malta

Last updated

This Commission for the Administration of Justice of Malta is the national council of the judiciary of Malta. It is set up under the relevant provisions of the Constitution (art. 101A, last amended in 2016), and is chaired by the President of Malta.

Contents

Composition

The Commission is composed of nine other members including the Chief Justice of Malta (Deputy Chairman), two members elected by the judges of the Superior Courts for a period of four years, two members elected by the magistrates of the Inferior Courts for a period of four years, one member appointed by the Prime Minister of Malta for a period of four years and another member nominated by the Leader of the Opposition as well as the President of the Chamber of Advocates. The persons nominated by the Prime Minister and the Leader of the Opposition must be at least forty-five years of age, and enjoy the respect of the public and have a reputation of integrity and honesty.

Functions

The procedures of the Commission are regulated in terms of the Commission for the Administration of Justice Act (Chapter 369 of the Laws of Malta). The functions of the Commission include the supervision of the workings of all Courts, and proposing recommendations to the Minister responsible for Justice, to ensure the efficient functioning of the Courts. The Commission also advises the Minister on any matter relating to the organisation and administration of justice and formulates and codes of ethics regulating the conduct of members of the judiciary, after consultation with the Committee for Advocates and Legal Procurators.

The Commission has the right to exercise discipline according to law over advocates and legal procurators practising their profession.

The Commission is housed by the Grandmaster's Palace in Valletta. [1]

Subcommittees

Current members

The Commission is composed as follows:

  1. Chief Justice of Malta - Mark Chetcuti (Deputy Chairman)
  2. Judges' representative 1 - Unknown
  3. Judges' representative 2 - Unknown
  4. Magistrates' representative 1 - Unknown
  5. Magistrates' representative 2 - Unknown
  6. Government's representative - Paul Lia
  7. Opposition's representative - Vince Galea [2]
  8. President of the Chamber of Advocates - Peter Fenech

Related Research Articles

<span class="mw-page-title-main">Politics of Malta</span> Political system of Malta

The politics of Malta takes place within a framework of a parliamentary representative democratic republic, whereby the president of Malta is the constitutional head of state. Executive authority is vested in the president of Malta, with the general direction and control of the Government of Malta remaining with the prime minister of Malta, who is the head of government and the cabinet. Legislative power is vested in the Parliament of Malta, which consists of the president of Malta and the unicameral House of Representatives of Malta with the speaker as the presiding officer of the legislative body. Judicial power remains with the chief justice and the judiciary of Malta. Since independence, the party electoral system has been dominated by the Christian democratic Nationalist Party and the social democratic Labour Party.

<span class="mw-page-title-main">Court of Cassation (Belgium)</span> Supreme court of the Belgian judiciary

The Court of Cassation of Belgium is the supreme court of the Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory.

<span class="mw-page-title-main">General Council of the Judiciary</span>

The General Council of the Judiciary is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Judiciary of Malta</span>

The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.

<span class="mw-page-title-main">Chief Justice of Malta</span>

The chief justice of Malta is the primus inter pares of the members of the Maltese judiciary and leads the business of the superior courts of Malta.

<span class="mw-page-title-main">Judiciary of Spain</span>

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

Part Nine of the Constitution of Albania is the ninth of eighteen parts. Titled The Courts, it consists of 22 articles including the Article 144 which was repealed in 2016. Together with Part Eight (Constitutional Court), and Part Ten (The Office of the Prosecutor) underwent radical changes in 2016 during the so-called Justice Reform, which were the efforts of lawmakers to fight corruption, organized crime, nepotism in the justice system.

<span class="mw-page-title-main">Law of The Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

<span class="mw-page-title-main">Judiciary of Scotland</span> Judicial office holders in the courts of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

<span class="mw-page-title-main">Kosovo Judicial Council</span>

The Kosovo Judicial Council (KJC) is the national council of the judiciary of Kosovo. It is the oversight body that aims to ensure the independence and impartiality of the judicial system, and the administration of justice in Kosovo.

<span class="mw-page-title-main">Judicial Service Commission (Kenya)</span>

The Judicial Service Commission (JSC) of Kenya is an independent Commission established under Article 171 of the Constitution of Kenya. Its mandate as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice. The commission has 11 members with the initial team appointed in December 2010.

<span class="mw-page-title-main">Edward Zammit Lewis</span> Maltese politician and Lawyers with the courts of Malta

Edward Zammit Lewis is a Maltese politician within the Labour Party. He has been a member of the Maltese House of Representatives since 2013. Following the general elections held on 9 March 2013, won by the Labour Party, he was appointed to serve as Parliamentary Secretary for Competitiveness and Economic Growth. In April 2014, he was appointed Minister for Tourism, a post which he occupied up until June 2017. This was followed by his appointment as Minister for European Affairs and Equality in July 2019 till January 2020, when he was appointed Minister for Justice, Governance and Equality.

<span class="mw-page-title-main">National Judicial Appointments Commission</span> Failed proposal for an Indian legal body

The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.

<span class="mw-page-title-main">Judiciary of Kiribati</span>

The Judiciary of Kiribati is the branch of the Government of Kiribati which interprets and applies the laws of the country. In addition to the Constitution of Kiribati and the corpus of laws, the laws of Kiribati include customary law, which the courts must take into account when considering specified matters in criminal and civil proceedings.

Joseph Azzopardi was the Chief Justice of Malta from 2018 till his retirement on 8 April 2020.

Part Ten of the Constitution of Albania is the tenth of eighteen parts. Titled The Office of the Prosecutor, it consists of 13 articles. Together with Part Eight (Constitutional Court), and Part Nine (The Courts) underwent radical changes in 2016 during the so-called Justice Reform, which were the efforts of lawmakers to fight corruption, organized crime, nepotism in the justice system.

<span class="mw-page-title-main">Military Judiciary Council of Italy</span> Italian military judiciary

The Council of the Military Judiciary, also known as CMM is the self governing body of the Italian military judiciary. The seat of the council is located in Palazzo Cesi, Rome.

<span class="mw-page-title-main">Ninety-ninth Amendment of the Constitution of India</span>

The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution Act, 2014, formed a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment was struck down by the Supreme Court on 16 October 2015.

<span class="mw-page-title-main">Law of Ethiopia</span> Overview of the law of Ethiopia

Since the new constitution of Ethiopia enacted in 1995, Ethiopia's legal system consisted of federal law with bicameral legislature. The House of People's Representatives (HoPR) is the lower chamber of bicameral legislature of Federal Parliamentary Assembly with 547 seats and the House of Federation with 108 seats, the former vested on executive power of Prime Minister and the Council of Ministers, and the latter have authority to interpret federal law and oversees regional and federal decisions.

References

  1. "Error".
  2. "Vince Galea".