Malta features on Italy’s Il Foglio today under the headline “L’Isola dei Sovranisti”. ‘Sovranismo’ is a political term normally used to describe far right politicians that argue for the autonomous self-reliance of states and for countries to act in their own interest without regard to international law or cooperation. It is used for the policies [...]

In spite of the concerns expressed in this report, Repubblika wishes to make it abundantly clear that we are desirous of reform. We warn, however, that a reform is only welcome if it can promise solutions to the challenges we have today of an elected tyranny which exists above the law. This is why any [...]

The government’s silence on this matter appears to be motivated by changes it has recently introduced to the manner of appointing the Police Commissioner. The government appears to expect no one to notice the elements of the recommendations made by the Commission that have been left out in the changes that are currently being implemented. [...]

Unlike its reaction to the Commission’s recommendations with respect to the President, the government provides absolutely no reaction to the Commission’s recommendations with respect to Parliament, and does not undertake to review the matter as part of a discussion on constitutional reform. Although this highly complex issue should indeed be dealt with as part of [...]

We do not believe it is accidental that the government has ignored this consideration. Indeed, what the Commission describes as a danger, i.e. the risk of parallel jurisdiction, is from the point of view of the government, a desirable confusion. These specialised tribunals are an opportunity to dispense with the basic guarantees given by the [...]

23. When the courts find that a particular law has breached a person’s fundamental rights, it does so in the context of the facts in the case before it. The same law, in a different context, may not necessarily be in breach of anyone’s fundamental rights. However, it is clear to us that while some [...]

22. As explained elsewhere in this document, the government’s decision to postpone its response on the Commission’s recommendations in this regard, renders their acceptance of other recommendations, that bestow the President with executive authority, a very dangerous development. We register our deep concern that if the powers of the President are increased, whilst the Prime [...]

It is our view that the present system of appointment of persons of trust goes against the provisions of the constitution. There should certainly be room for appointing a limited number of collaborators inside ministerial secretariats, who may owe their position to the trust the Minister has in them. But we do not believe there [...]

The civil service has been progressively weakened by the system of short-term appointments to headship positions and the creaming off of certain positions to foundations, corporations and agencies. The Principal Permanent Secretary (PPS) has, ever since the post was created, exercised powers that can only be reined in by a sufficiently powerful and independent Public [...]

16. Replacing the power of the Prime Minister to appoint persons in high office by transferring that power to “the government” is a purely cosmetic development. The fact the government agrees with this, rather confirms this view. The government is, probably correctly, equating the Commission’s meaning of the term “the government” with “the Cabinet of [...]

13. Elevating the legal basis for the Ombudsman to the constitution is ‘a welcome step’. But the government in no way responds to the correct observation made by the Commission that “requests for information (from the Ombudsman to the government) are frequently not complied with” (our emphasis). Nothing in the changes proposed by the government [...]

The April 2019 Fifth Evaluation Round of Greco (GrecoEval5Rep(2018)6) points out that in its history, the PCAC has reported on over 400 cases. It is known only to have reached the conclusion that criminal action should follow in one case alone. That was around 2 years ago and the case concerned a former Secretary General [...]

7. As the government acknowledges in its letter, legislative changes in this regard that have already been adopted by Parliament remain theoretical. No time frames are given for implementation, in spite of the fact that the letter of the government is headlined “implementation of the recommendations”. We do not think these delays are innocent. As [...]

6. We do not understand why it is still necessary for a qualified majority in Parliament to confirm whether a judge or magistrate should be removed from office once the Commission for the Administration of Justice (CAJ) and, as is proposed, the Constitutional Court, have confirmed that the criteria for removal established at law have [...]

5. The government’s response creates the false impression that “civil society has publicly praised” the appointment of the new Chief Justice by a resolution approved by a qualified majority in the House of Representatives. Although the government may have been referring to views expressed by others, Repubblika has indeed expressed its delight at the choice [...]

The remarks made by the government ignore the context in which this reform is being undertaken, and how this has evolved since the Commission published its report in December 2018. Since March 2013, the government has focused on manipulating the composition of the judiciary, to ensure it can exert influence on its decisions in a [...]

The document published on 13 May 2020 purports to provide details on how the recommendations of the Commission in its opinion 940/2018 are to be implemented. It is significant to note that this is the first substantive reaction from the government to an opinion it was served with 18 months ago. The document does not [...]

In this and the upcoming posts, I am transcribing Repubblika's response to the government's proposals after the Venice Commission's recommendations on rule of law reforms in Malta, starting with Repubblika's president Vicki Ann Cremona's opening letter:   18 May 2020 Mr Thomas Markert Director and Secretary European Commission for Democracy through Law Council of Europe [...]

So, the economy minister felt his dignity punctured by a someone pointing out to him that he was breaching the laws enacted by his own government on social distancing during a ministerial PR do. I don’t understand why it’s so hard for ministers to comply within their own rules. I don’t understand why they’re not [...]

So, it is now safe enough to go eat in a restaurant. That’s my sport. I’ve already called up my local and booked a table for Friday night. I can’t wait to have someone pour my wine again even though they will be dressed like they’re getting ready to operate on me. Robert Abela spent [...]