The Chamber of Advocates welcomed recent statements that the executive branch of the state will distance itself from the appointment of members of the judiciary.

Justice Minister Owen Bonnici previously told The Malta Independent on Sunday during an interview that the government will, in the future, no longer be involved in the appointment of judges and magistrates. Instead, he said, the Judicial Appointments Committee will be reformed to do so independently.

“Currently, the committee is tasked with vetting applicants and drawing up a shortlist, from which the executive then appoints judges and magistrates," Minister Owen Bonnici said in an interview with The Malta Independent on Sunday. "Once the system is reformed, however, the government will be taken out of the picture entirely.” The minister describes the reform as “a step forward; a step in the right direction.”

The minister had told this newsroom that while including the committee in the selection process was seen by the Venice Commission as a step in the right direction, the government was advised that more had to be done to ensure the judiciary’s independence. “We accept that view and will now be going a step further – allowing the judiciary to appoint its own members.” The minister said that the Venice Commission has suggested decoupling the executive and the judiciary, and that is what we are going to do. “I hope it works.” Asked how confident he was that it would work, the minister said: “I don’t know... I believe there need to be checks and balances. The Judicial Appointment Committee will be empowered to appoint judges and magistrates. Its members do not contest elections and, unlike politicians, can’t be kicked out of office after five years.”

This newsroom contacted the Chamber of Advocates, and asked them for their opinions on the announcement regarding judicial appointments.

“The Chamber of Advocates refers to the statement made by the minister of Justice yesterday and welcomes the stance taken that the executive arm of the state will distance itself from the appointment of the judiciary.  This statement is in line with the recommendations made by the Chamber in a paper that had been published in February 2016 and which had already expressed the view that the superior model for judicial appointments would be one where the recommendations to be made by the Judicial Appointments Committee, after due evaluation of candidates, should be final.  The Chamber looks forward to the debate on the reform to take place in this area.”

The chief justice, auditor general and ombudsman all serve on the committee, among others. Candidates applying for judicial appointments must have practised law for 12 years or served as a magistrate for seven, in addition to being of good character.