The government is still internally analysing the court decision on judicial appointments, Justice Minister Owen Bonnici told The Malta Independent yesterday.

The courts have upheld a request for a reference to the European Court of Justice (ECJ) by civil society activists Repubblika on the issue of the current system of judicial appointments. In a note filed before Mr Justice Mark Chetcuti two weeks ago, Repubblika said it wanted the ECJ to determine whether the current system of judicial appointments in terms of the Maltese constitution was in breach of the EU treaties and/or the Charter of Fundamental Rights of the European Union.

Asked about this court decision, the minister was not willing to comment on the case directly, arguing that the case was still ongoing. He described the present system of judicial appointments as an improvement over what was in place for many years. "It is such an improvement that everyone in Parliament voted in favour of it, including the two lawyers appearing for the NGO."

Asked why the government would be appealing the case, instead of just allowing the European Court of Justice to decide, the minister said: "Firstly, there is no right for an automatic appeal. Instead, there is the right to request a leave to appeal. We are discussing the situation internally, taking the legal advice needed so that we can then make a decision."

Former Prime Minister and Labour MEP Alfred Sant, who had originally been against Malta joining the European Union, commented on the case on Facebook about the case yesterday.