The Dean of the University of Malta’s Law Faculty said both nominees for the post of magistrate seemed to be currently ineligible for the post of Magistrates.

With regard to Dr Caroline Farrugia Frendo, Professor Kevin Aquilina said: “As to the question when does one begin to practice as an advocate, although the Constitution is silent on the matter, reference has to be made to the Code of Organization and Civil Procedure, sections 79 and 80. In terms of the latter, the reply is from the date when one subscribes to the oaths of allegiance and of office before the Court of Appeal.”

In the case of Dr Ingrid Zammit Young, Professor Aquilina said: “If a person is chairing the Employment Commission, that person cannot be appointed to any public office until three years would have elapsed since s/he held the office of chair of the Electoral Commission. This applies also to a person who is to be appointed Magistrate as the Constitution defines 'public service' and 'public office' to include a magistrate.”

Yesterday's developments