Judicial reform: comparing Venice Commission proposals to Malta's plans

Justice Minister Edward Zammit Lewis has publicly committed himself to reform Malta’s rule of law, particularly judicial appointments. Here is a look at how the government’s proposals on judicial appointments compare with the expert opinion delivered by the Venice Commission in December 2018: Ranking of candidates What the Venice Commission recommended: The Venice Commission recommended that the Judicial Appointments Committee should rank candidates vying for a judicial appointment using clearly defined and transparent criteria, while taking into account the goal of achieving gender balance. What the government will do: The government claims ranking candidates would have an “undesired and demeaning effect”, not only between candidates but also insofar as their professional reputation is concerned, possibly discouraging candidates to apply. Instead, a report on each eligible candidate shall be sent to the president. The report will be drawn up based on pre-defined criteria and will prevent government influence, according to the Justice Minister. Method of appointment What the Venice Commission recommended: The Judicial Appointments Committee (JAC) should propose a candidate or...