The Malta Independent 15 May 2024, Wednesday
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Repubblika withdraws constitutional case after latest round of judicial appointments

Wednesday, 12 May 2021, 13:14 Last update: about 4 years ago

Civil society NGO Repubblika has withdrawn a constitutional case it had filed over the appointment of judges and magistrates.

In a note filed on Wednesday morning, the group said it recognised that the European Court of Justice had limited itself to that which is stated in the law and that it was up to this court to examine the application of the law from 2013 onwards.

The ECJ’s decision had created an important guide for EU citizens on the subject of judicial independence, attracted academic attention and that of legal practitioners, and the European utility of the case was something that Repubblika was proud of, it said.

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Repubblika had wanted the ECJ to determine whether Malta’s judicial appointments system in terms of the Maltese Constitution was in breach of the European Treaty and/or Charter of Fundamental Rights.

The system, it had argued, gave the Prime Minister “arbitrary discretion,” was not subject to “clear and objective rules or criteria” and was lacking any need for explanation or motivation nor subject to any judicial authority.

Repubblika’s lawyer, Jason Azzopardi, said the case had helped bring about important reforms, and four judges were appointed on 15 Aprilwithout any interference by the government.

Both Repubblika and government agreed to pay their own costs in the case.

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