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.
In its pre-accession evaluation reports in 2003, the European Commission suggested that there should be reform in the judicial appointment procedure, "controlled by political bodies" (i.e. the Parliament and parties therein), to improve objectivity. [1] The Commission also pointed to the need to check the procedure for challenging judges and magistrates provided for by Article 738 of the Code of Organisation and Civil Procedure with the principle of an impartial tribunal enshrined in the European Convention on Human Rights. [2]
The December 2018 Venice Commission Opinion on constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement in Malta has pointed the finger to several issues requiring reforms to ensure the independence of the judiciary in Malta which has led to a number of reforms on the appointments and removal of the Judiciary of Malta.
The judiciary is defined by the Constitution of Malta as a hierarchical system of courts, [3] with a Constitutional Court, separate Civil and Criminal Courts of original jurisdiction. [4] [1] In the criminal court, typically the presiding judge sits with a jury of nine. The Court of Appeal and the Court of Criminal Appeal hear appeals from decisions of the civil and criminal cases delivered by the superior and inferior courts respectively. Inferior courts are presided over by magistrates with original jurisdiction in criminal and civil ACTIONS.
The highest court, the Constitutional Court, has both original and appellate jurisdiction. In its appellate jurisdiction it adjudicates cases involving violations of human rights and interpretation of the Constitution. It can also perform judicial review. In its original jurisdiction it has jurisdiction over disputed parliamentary elections and electoral corruption practices. the Constitutional Court's judgments do not have explicit erga omnes effect, and norms which have been found unconstitutional need to be repealed by Parliament. The Court is thus faced with repetitive cases due to its jurisprudence not being taken into account by the administration or even by other judges. The Venice Commission notes that “the Constitution should be amended to provide that judgments of the Constitutional Court finding a legal provision unconstitutional will result directly in the annulment of that provision without intervention by Parliament” (#78) [5]
The organisation of the judiciary in Malta foresees a wide range of specialised tribunals: [6]
These often do not enjoy the same level of judicial independence as the ordinary judiciary, which risks being undermined by their expansion, with the danger of parallel jurisdictions. [5]
The appointment the Chief Justice is made by the President of Malta following a two-thirds resolution by the House of Representatives of Malta.
Judges have security of tenure until the mandatory retiring age of 65 (or 68 if they wish to extend), or until impeachment. The Constitution also foresees that the adjudicators' salaries are paid from the Consolidated Fund and thus the government may not diminish or amend them to their prejudice.[ citation needed ]
A Judicial Appointments Committee (a subcommittee of the Commission for the Administration of Justice) composed of 5 non-judicial members which recommend appointments of judges of the superior court and magistrates of the inferior court directly to the President of Malta.
The Constitution of Malta provides for a Committee for Judges and Magistrates which shall consist of three members of the judiciary who are not members of the Commission for the Administration of Justice. This sub-committee shall have the power to exercise disciplinary measures on a judiciary member who breaches the code of ethics for the Members of the Judiciary.
The constitution deals with judicial discipline by establishing a Committee for Judges and Magistrates able to commence proceedings for breach of the provisions of the Code of Ethics (Art. 101B, introduced in 2016). Although only broadly defined, these norms are accompanied by more concrete guidelines. Sanctions (warning, fines, suspensions) are meted out by a 3-member Committee for Judges and Magistrates. Yet, such committee cannot dismiss a judge or magistrate; dismissal is in the hands of the Commission for the Administration of Justice. Impeachment may be based on the grounds of proved inability to perform judiciary functions in office (whether it is infirmity of body or mind or any other cause) or proved misbehavior.
Prosecution tasks in Malta are shared between the Malta Police Force, who investigate crimes and presses charges, and the Attorney General (AG), who prosecutes the cases. Magistrates may also start ‘inquests’, originally foreseen to preserve evidence, but today rather fully-fledged investigations.
In 2019 Malta had 22 magistrates and 24 judges, as well as a Chief Justice. [7] [8] [9] The judges are styled as "The Honourable Mister/Madam Justice".
(** on the list of ad hoc judges on the European Court of Human Rights in respect of Malta—Rule 29 of the Rules of Court of the European Court of Human Rights)
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 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.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
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The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.
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, and is chaired by the President of Malta.
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.
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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.
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