In recent weeks, the Minister for Justice and the Reform of the Construction Sector, Jonathan Attard, announced a package of constitutional amendments aimed at further strengthening standards and efficiency within the justice sector.
These constitutional developments build upon the reforms implemented since 2020 in Malta’s Constitution, through which the country has established European-level standards.
Over the past weeks, the Government discussed the constitutional reform and subsequently presented a procedural motion through which a vote was taken on each clause. The Government voted in favour of introducing a new role – the Commissioner for Standards of the Judiciary – with the aim of serving as an independent point of reference for the investigation of complaints against members of the judiciary.
For the first time, citizens will be able to submit complaints directly to the Commissioner in writing, rather than solely through the Chief Justice or the Minister for Justice, as was previously the case.
The Commissioner will be appointed by the Commission for the Administration of Justice for a term of three years.
The Commissioner shall receive written concerns from the Chief Justice, the Minister, or the public regarding members of the judiciary, investigate complaints in camera, hear all parties involved, and gather information. The Commissioner will report in writing to the Chief Justice and the Minister, with a copy to the judge under investigation, to determine whether there is sufficient evidence to initiate disciplinary proceedings.
If the case is referred to the Committee for Judges and Magistrates, the Commissioner may act as prosecutor on behalf of the complainant. Ultimately, after the Commissioner has investigated the case, it is the Committee for Judges and Magistrates within the Commission for the Administration of Justice that delivers its judgment independently and impartially.
This reform will result in more direct access for the public to the disciplinary process, greater accountability within the judiciary, and a more structured and efficient response to judicial misconduct.
The Government remains committed to advancing unprecedented reforms, including constitutional ones, to strengthen the rule of law and the justice sector in Malta. Minister for Justice and Reform of the Construction Sector Jonathan Attard reiterated that “Constitutional developments must be a continuous process, always in the best interest of our citizens. In the field of justice, this Government has implemented historic reforms in line with international standards, and we remain committed to maintaining this momentum so that justice continues to serve our citizens fairly and effectively.”
The Government expresses its appreciation to the Speaker of the House, Dr Anġlu Farrugia, who led the parliamentary process responsibly, declaring the respective clauses with respect for the Constitution and in accordance with the procedural motion approved by Parliament, which provided for separate voting on constitutional clauses.
The bill, containing constitutional amendments, also included other significant changes, such as the extension and increase of the judiciary’s retirement age, the introduction of Constitutional Court sections, the strengthening of the appointment process of the Chief Justice based on recommendations from the European Commission, and the addressing of legal lacunas that could lead to impasse in the eventual appointment of an Auditor General. These amendments received the Government’s votes in favour, while the Opposition voted against, and therefore did not pass due to not achieving the required two-thirds majority in the House of Representatives.
