Speaker Anġlu Farrugia has ruled that the motion for the appointment of a new Chief Justice cannot be debated or put to a vote tomorrow, after finding that it does not meet the notice period requirements set out in Parliament's Standing Orders.

The ruling was delivered during Tuesday's sitting of Parliament, following a request by the government to include the motion on the agenda for Wednesday, 4 February 2026, the day on which the term of the current Chief Justice, Mark Chetcuti, expires upon reaching the age of 68.

Government whip Naomi Cachia had informed Parliament that the government intended for the motion, presented by the Prime Minister on Tuesday, to be discussed and voted upon urgently in light of the constitutional deadline. She formally requested direction from the Speaker to allow the motion to be placed on the agenda of the following day's sitting.

However, opposition whip Robert Cutajar objected, stating that there was no agreement from the opposition and insisting that the House must proceed strictly in line with parliamentary regulations.

In his ruling, Speaker Farrugia determined that the motion for the appointment of a Chief Justice constitutes a substantive motion, which under Standing Order 22 requires a minimum notice period of three days before it can be debated. He further examined Standing Order 35, which lists specific exceptions where such notice is not required, and concluded that the motion did not fall under any of the six exempted categories.

The Speaker also referred to the constitutional provisions governing the appointment of the Chief Justice, as amended in August 2020. Quoting Article 96(3) of the Constitution, he noted that the appointment must be approved by a resolution of the House supported by no less than two-thirds of all Members of Parliament.

Crucially, the Constitution also provides that if such a two-thirds majority is not achieved, the sitting Chief Justice remains in office until a resolution is passed.

The Speaker concluded that the constitutional appointment procedure could not be invoked, as the motion presented earlier on Tuesday lacked the mandatory three day notice period required by Parliament's Standing Orders.