Two Justice Reforms Approved To Strengthen Tribunal Independence

Justice Minister Clifton Grima yesterday announced the approval of two legislative Bills aimed at strengthening the rule of law, democracy and access to justice in Malta.

The reforms, which were approved by Parliament, form part of the Government's electoral commitments and were introduced within the first 100 days of the current legislature.

One of the Bills reforms the legal framework governing Malta's Specialised Administrative Tribunals.

According to the Government, the changes are intended to strengthen the independence of these tribunals while preserving their specialised expertise.

Under the new framework, the Government will relinquish its legal power to appoint members of specialised administrative tribunals.

Instead, appointments will be made by an independent Commission consisting of a retired Judge or Magistrate and four other members recognised for their integrity and competence.

The Government said tribunal members will now be selected through a public, competitive and merit-based process.

It added that the reform follows changes introduced in 2020 to the appointment of members of the judiciary, when responsibility for judicial appointments was also removed from the Executive.

The second Bill focuses on decisions taken by the Attorney General not to institute criminal proceedings.

The Government said the reform is intended to strengthen access to justice by creating greater scope for such decisions to be challenged and scrutinised. It added that the changes are designed to improve transparency, accountability and the rule of law.

According to the Ministry for Justice, Research and Innovation, both reforms were developed following extensive engagement with the European Commission as part of the Recovery and Resilience Facility.

The Bill concerning the Specialised Administrative Tribunals was also prepared following consultations with the Venice Commission, which visited Malta at the invitation of the Maltese Government.

During its visit, the Commission met representatives from the Government, the Opposition, the Parliamentary Ombudsman, professional organisations and other stakeholders.

In its opinion on the Bill, the Venice Commission said the proposed amendments addressed several important concerns and represented a significant step in the right direction.

The Government said the reforms demonstrate its commitment to strengthening Malta's justice sector and further reinforcing the rule of law.

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