Attorney General Peter Grech has attacked as “premature” a request by civil society group Repubblika to request a reference to the European Court of Justice in Strasbourg.

This as the court presiding over Repubblika’s case, in which it is challenging the current system of judicial appointments, asked the civil society group to indicate what questions were to be put to the ECJ if their request for a reference were to be upheld.

Grech argued that the Court was to first hear evidence on the merits before referring Repubblika’s case to the European court.

Mr Justice Mark Chetcuti said that “at this stage, once they have requested a reference, they have a right to bring evidence to support their claim. I cannot ignore that request and proceed to hear the case on the merits. After that the Court will decide.” 

As the hearing began on  morning, lawyer Simon Busuttil had informed the Court that Repubblika wished to produce Manuel Delia to testify in support of their request for a reference. Once that evidence has been put forward, the Court would then decide whether or not to uphold the request.

The Attorney General disagreed with this way forward, but the judge declared that it was the Court’s prerogative to understand at this stage why the preliminary reference was being sought.

As a result, the Court ruled that Busuttil, on behalf of the applicant, was to file a note of submissions by October 14, in which he indicated the questions to be put to the European Court should the preliminary reference be made. 

The AG is to reply to this note by October 28. The Court would then decree upon the matter after the next hearing, scheduled for October 30.

Busuttil informed the Court that three important events had taken place since the case was last adjourned.

In June, the Court of Justice of the European Union had declared that Poland had infringed EU law by lowering the retirement age of judges and by granting the Polish President the discretion to extend a judge’s activity beyond the newly fixed retirement age.

A month later, in its decree rejecting Repubblika’s request for the recusal of Chief Justice Joseph Azzopardi, the Constitutional Court had observed that the Prime Minister had the last word on whether to accept recommendations by the Judicial Appointments Committee.

In addition to this, in its judgment on the two preliminary appeals filed in Repubblika’s case, the Constitutional Court had observed that the “law was not static” while pointing out that “discretion and moderation” was required to avoid legislative functions being usurped by the judiciary. 

Deputy AG Victoria Buttigieg also represented the government.