Retired judge Toni Abela on Wednesday was sworn in as Malta's first Commissioner for Standards of the Judiciary, after his nomination received unanimous agreement.
President Myriam Spiteri Debono appointed him for a three-year term in a ceremony at the Grandmaster's Palace, also attended by Prime Minister Robert Abela and Justice Minister Jonathan Attard.
The President said that the new office gives citizens another avenue to approach the administration of justice.
Spiteri Debono said that a functioning democracy requires the public's trust in its three pillars, the executive, Parliament and the judiciary, and such trust is strengthened when institutions are open to scrutiny rather than afraid of it.
She acknowledged that the role comes with challenges. "We must move step by step and learn from experience. Let us see how this develops and where improvements may be needed," she said, encouraging Abela to speak openly if changes should be made.
In his first address as Commissioner, Abela said that when he first heard of the creation of this new role, a question immediately came to mind:
"Who will watch over those whose duty is to watch over us?" Abela said, adding that this is a question every modern state must answer in order to strengthen public trust.
Abela spoke about the qualities he believes the role demands: integrity, decisiveness and kindness.
"People told me: 'We know you, you will never make it because your heart is too good.' However, a good heart is not a weakness, it is a virtue," Abela said.
However, he said that kindness must have limits. Abela said that having spent years in the judiciary, he said he understands how far understanding can go, and when firmness becomes necessary.
"If a person does not listen, there must be firmness in the decision," Abela said.
He said that observing the law requires evidence and cannot be based solely on someone "feeling something was wrong."
For him to act in his capacity as Commissioner for the Standards of the Judiciary, Abela said that there must be proof that a member of the judiciary behaved inappropriately.
"I expect them to do their duty, just as they expect me to do mine," he said.
Abela thanked the President, the Prime Minister and the Justice Minister for their trust.
He said that in the coming weeks, he will launch an information exercise to ensure the public fully understands the role of the Commissioner, "so that it does not end up becoming a weapon," in the hands of persons with malicious intent.
Justice Minister Jonathan Attard described the appointment as a moment of pride.
He thanked Abela for accepting the post, saying it would strengthen public confidence in the country's judicial institutions.
Attard said that the new Code of Ethics for the judiciary, recently updated, complements this "historic" step.
Attard said that the reform was initiated by the Chief Justice and the judiciary, and completed with unified parliamentary support.
He said the reforms will give citizens a strong new, direct remedy whenever they believe the courts have not met their responsibilities.
The Commissioner's role, he added, will help improve efficiency, transparency and credibility.
Prime Minister Abela said that today marks "a historic day for the strengthening of the judiciary."
"Increased scrutiny results in greater trust from those who must be judged by our courts," he said.
Abela expressed satisfaction that the judiciary itself requested this level of scrutiny.
Abela said that currently, there is the largest judicial corps Malta has ever seen, and combining both judges and magistrates, the sector recognised that the significant investment made in it must be accompanied by accountability.
He also acknowledged that the reform was not unanimously accepted in Parliament, which is why it required a constitutional process to bring it into force.
"It will not be an easy task," he said, but one that he approaches with a sense of responsibility and commitment.
President Spiteri Debono concluded the ceremony by saying that with the creation of the Commissioner for Standards in the Judiciary, the public has now been given a new pathway through which it can approach the administration of justice.
She said that the judiciary's willingness to subject itself to oversight is in itself a strong signal, as it shows that these institutions want to be correct, transparent and accountable, to the point that they do not fear scrutiny.
At the same time, she cautioned that the introduction of a new oversight mechanism comes with its own responsibilities.
"We have considerable work ahead of us. We must proceed step by step, observe how the system works in practice, and learn from experience so that we can make improvements where needed," she said.
Addressing Abela directly, the President noted that the role he is assuming is not an easy one.
"This is difficult work, but it truly brings every citizen who has concerns closer to the justice system," she said.