Chief Justice of Malta

Appointment

The Chief Justice is appointed by the President of Malta acting in accordance with the advice of the Prime Minister after consulting with the Leader of Opposition.

The European Commission noted in 2003 that “Consideration could however be given to the possibility of further improving the objectivity of the appointment procedure, which, in the current situation, is controlled by political bodies”.[1]

The Judicial Appointments Committee, which is in charge of the compliance check for the appointment of the members of the judiciary, is not consulted on the appointment of the Chief Justice. This to ensure that the outgoing Chief Justice would not have a say on the choice of his/her successor.[2] The Venice Commission noted in 2018 that according to European standards "There should be no exception from this procedure for the appointment of the Chief Justice."(#44). [3]

Duties

Where more than one judge is assigned to sit ordinarily in a court, or in a chamber or section of the court, the distribution of duties in general between the judges appertains to the Chief Justice. By virtue of his office, the Chief Justice of Malta is ex officio:

The Chief Justice may designate one of the Magistrates sitting in the Inferior Courts as Senior Magistrate, who shall perform such duties and functions as may be assigned to his by the Chief Justice himself.

If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed those functions, as the case may be, those functions shall (except to such extent, if any, as other provision is made by law) be performed by such one of the other judges of the Superior Courts as may be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister.

See also
  • List of Chief Justices of Malta

References
  1. "Regular report on Malta's progress towards accession" (PDF). European Commission. 2002. p. 17. Retrieved 30 December 2013.
  2. http://www.independent.com.mt/articles/2017-12-30/local-news/New-Chief-Justice-to-be-appointed-by-government-in-consultation-with-the-Opposition-6736183072
  3. December 2018 Venice Commission Opinion No. 940 / 2018 (CDL-AD(2018)028) on constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement in Malta
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