The Commission for the Administration of Justice has ruled that there is a possible impediment to the nomination of Ingrid Zammit Young as magistrate.
In view of this, Dr Zammit Young has informed the Prime Minister that she will not accept the post of Magistrate, following the decision by the Commission for the Administration of Justice (CAJ).
In it's conclusion, the CAJ indicated that there are doubts as to whether she would be able to take the role.
The CAJ said that doubts of her appointment exist and that any interpretation of the constitution must be decided by the Constitutional Courts.
The decision was communicated to the Prime Minister, who requested the commission’s intervention on Wednesday after objections that were raised in her regard because of her time as chairman of the Employment and Training Corporation.
But the CAJ was clear in providing the government with a clear-cut explanation that Zammit Young's nomination was in breach of the Constitution. “In the CAJ’s opinion, there is the possibility of an obstacle to her appointment, because Ingrid Zammit Young served as chairman of the Employment of the Commission, which according to Article 120 (4) of the Constitution, precludes her from an appointment to a public role before the lapse of three years from her last day on the Commission.”
People who served on government entities cannot be named as magistrates for at least three years since their term ended.
The CAJ quoted from the article in question, present within the Constitution, and said that a public appointment is defined as a public service, and a public service, according to article 124, includes Magisterial positions. The Commission found that Magistrates are considered as public roles.
CAJ decision
Ingrid Zammit Young's letter