Rule of law NGO Repubblika has urged the government to involve the judiciary in the appointment of the next chief justice, arguing that judges should be consulted in line with recommendations issued by the European Commission.

In a statement issued on Tuesday, Repubblika said it was disappointed that the process has descended into political rivalry. It warned that the current situation is undermining the independence and authority of the judiciary even more than the previous system, under which the prime minister made the appointment unilaterally.

While maintaining that the prime minister should not have sole authority to choose the chief justice, Repubblika said Prime Minister Robert Abela's conduct suggests he is prepared to weaken the office even before the appointment is made, so long as effective control remains with him.

The NGO pointed to a European Commission recommendation calling for the involvement of sitting judges in the selection process. It noted that such consultation does not require constitutional reform and could be carried out privately, under the guidance of the Speaker of Parliament or representatives of both parliamentary parties.

Repubblika questioned whether any meaningful consultation with the judiciary has taken place and, if so, what views were expressed by judges. If no consultation has occurred, it called for this to happen immediately, warning that continued political dispute risks producing a chief justice whose authority is compromised from the outset.

The prime minister is expected to push ahead with a parliamentary vote to nominate Judge Consuelo Scerri Herrera, despite the absence of agreement with the Opposition. The appointment of a chief justice requires a two-thirds majority in parliament, making cross-party consensus necessary. No such consensus has yet been reached.

Justice Minister Jonathan Attard publicly announced the government's nominee last week, a move that took the Nationalist Party by surprise. Opposition Leader Alex Borg has refused to discuss potential nominees publicly, arguing that Abela breached a gentlemen's agreement by revealing Scerri Herrera's name. Borg has repeatedly called for confidential discussions to continue and said on Sunday that he would propose several names, without disclosing them publicly.

Abela has denied that any agreement existed, saying the public announcement was justified on grounds of transparency. He has also claimed that Borg failed to inform Nationalist MPs of the government's nominee due to internal divisions within the Opposition.