President George Vella needs to stop sitting in the back seat and start standing up for what the country needs, a President who does all within his power to push for the decisions that need to be taken to happen.

The President will be delivering his first Republic Day speech, and traditionally over the past years, the previous President would use the opportunity to deliver a strong message.

This is needed now, and President Vella must not shy away from speaking about the current political situation, and must not shy away from taking a strong stand.

George Vella had already delivered a message about the current political crisis on 3rd December. He had said: ‘We need to go back to the road of normality before the damage that is being caused to Malta becomes irreparable’. He said that he is doing everything in his constitutional powers in a situation which he described as being “serious”, saying that everyone should take responsibility for one’s actions. He said that every day that passes, the expectations of his intervention to avoid the worst were increasing. He again appealed to everyone, from top to bottom, to consider what his or her actions might lead to.

But clearly this was not enough. Protesters are still marching in the streets, and Prime Minister Joseph Muscat has not resigned yet.

The country needs President Vella to speak up again, to be more direct and be a stronger figure in the country’s time of need. Malta is in turmoil. People are in the streets calling for the immediate removal of people from the highest positions in power. Malta’s institutions are perceived as weak, the Venice Commission had aired concerns about the amount of power controlled by the Office of the Prime Minister, and the current person occupying that role is causing there to be doubts that justice is being done.

In a press statement a few days after his statement to the nation, the Office of the President issued a press release said that in light of requests for the President to take measures that according to some are provided by the constitution to solve the political situation, “it must be said that the Constitution offers no powers to the President, more than whose he is exercising now.”

The statement went on to read that the President cannot act outside the confines of the Constitution as that would mean he would be breaching it.

Kevin Aquilina, Head of Department of Media, Communications and Technology Law, Faculty of Laws, University of Malta, reminded in a recent opinion article, Vella of the oath he swore when assuming the duties of his office: “I George Vella solemnly swear that I will faithfully execute the office of President (perform the functions of the President) of Malta, and will, to the best of my ability preserve, protect and defend the Constitution of Malta. (So help me God).”

“Can the president tell us how he is preserving, protecting and defending the constitution of Malta in the current constitutional crisis? His predecessors in office did exercise their constitutional guardianship role but is the current president doing so? Unfortunately, the press release was silent on these matters. Hopefully the President can be kind enough to elaborate further and set the record straight,” Aquilina said.

These are all legitimate questions. He also asked whether the President is raising rule of law issues with the prime minister when the latter meets him, in terms of article 87 of the Constitution, to keep the president regularly informed concerning matters of government?

Aquilina noted that there are ways the President can assert his guardianship role, and asked whether the President has investigated reports in the press that the prime minister does not enjoy the support of his parliamentary group, also noting that, of course, the group would not publicly say so. “Has he summoned the parliamentary group to establish whether today the Deputy Prime Minister enjoys more support in the government parliamentary group than the prime minister?”

The President, should he finds that the prime minister is not supported by the group, should urge the MPs to immediately get rid of Muscat now, and have someone else be appointed.

Some actions Aquilina suggested also include pressong the prime minister in their regular meetings to comply with the rule of law.

Indeed the President can appoint a member of the House of Representatives as Prime Minister who, in his judgement, is best able to command the support of the majority of MPs should Joseph Muscat resign now, former European Court of Human Rights Judge Giovanni Bonello told The Malta Independent recently when asked about procedure.

The President needs to work within the confines of the constitution, yes, but is he really doing everything he can?