The reform agreed between the government and the opposition on the system for the appointment of members of the judiciary is "inspired by the parameters laid down by the Venice Commission", Justice Minister Edward Zammit Lewis told The Malta Independent.
In what has been described as an historic moment in the legal history of the country, it was announced in Parliament on Wednesday that an agreement between the government and the opposition had been reached on the appointment of Malta's next Chief Justice, and on reforms to the system used for judicial appointments.
The subject of the appointment of the judiciary has been a hot topic, not least since the Venice Commission laid out a set of recommendations after its visit to Malta in December 2018 - recommendations which lamented the Prime Minister's power over deciding who would form part of the judiciary.
Up until 2016, judicial appointments were the sole prerogative of the Prime Minister. In 2016, a reform was implemented which saw the creation of a Judicial Appointments Committee which is responsible for vetting candidates and drawing up a shortlist from which the government then makes its choice.
The system, while an improvement, was still criticised due to the final say being that of the Prime Minister. NGO Repubblika in fact launched a court case against the system and against the appointment of recent members of the judiciary as a result. The case is now at the European Court of Justice.
Asked about the reform, Zammit Lewis told this newsroom that the reform will build upon that which took place in 2016.
"The proposals to be sent to the Venice Commission are inspired by the parameters laid down by the same Commission and adopted by it in December 2018", he said.
"The proposals that I will put forward to the Commission shall not at all abandon Malta's legal traditions but will actually constitute an evolution and further development of the present system but with more effective and required checks and balances", he explained.
Changing the system of appointments was something which previous Prime Minister Joseph Muscat and then Justice Minister Owen Bonnici seemed content to drag their feet on; however now, just over three months into Robert Abela's tenure as Prime Minister, an agreement on the system has been reached - symbolised by the unanimous decision in Parliament to appoint Judge Mark Chetcuti as Malta's next Chief Justice.
Asked what has motivated the government's change in perspective for an agreement with the opposition to be reached, Zammit Lewis did not answer directly, but noted that "it is very clear that political and national reconciliation are on top of the agenda of this Administration."
"Following the Prime Minister's direction, we are clearly committed to implementing institutional reforms. The Prime Minister made it clear from the outset, after entrusting me with this portfolio, that these reforms are a clear priority also in order to strengthen our country's reputation, to ensure ongoing economic progress that reaches everyone", Zammit Lewis said.
"This is undoubtedly what I believe in and what I will relentlessly continue to work for", he concluded.