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10 maltatoday | WEDNESDAY • 11 FEBRUARY 2026 OPINION Mark Said Veteran lawyer Jonathan Attard Minister for justice and construction sector reform The ideal republic A new chapter for family justice in Malta NGO Repubblika published a draft five- year programme for democratic renewal called A Working Republic, last Decem- ber. The document reintroduced some of the most fundamental questions about justice and society into Maltese political discourse. As ill-informed and histrion- ic as many of today's arguments are, the matters discussed are of great importance. And while at first it may not seem to have much relevance, Plato's Republic contin- ues to have great contemporary relevance. We live at a time when there is a general distrust of people towards their govern- ment, perhaps because the government, which should safeguard the common good, instead reveals its ugly side. This perception has led to a cynical attitude towards the government and a scepticism concerning the sincerity of those in public office. The rampant abuse of state resources and public funds and the plethora of ma- jor political scandals were a clear example of the betrayal of the people's trust. To help us choose better leaders, we should draw upon the philosophical prin- ciples in Plato's dialogues, primarily The Republic. The Republic stimulates us to reflect on the state and to make an appro- priate reaction to it, so it can guide our deliberations and subsequent actions, too. In particular, its principles could assist us in our choice of leaders and governments, which might in turn help us overcome our distrust and cynicism towards them. Our governments are normally and pe- riodically democratically elected, and or- dinary citizens are allowed political par- ticipation in a concrete way through the ballot box. If those in power are more con- scientiously selected by citizens, however, then there will be a reduction of distrust and cynicism towards them. The ques- tion is, what amounts to a conscientious choice? Voters may not make decisions after exhaustively processing relevant infor- mation; instead, our decision-making ca- pacity may be restricted by our own biases and the environment. A well-functioning democracy and republic rests largely upon the rational choices of individual voters. However, the choices individuals make at the ballot box are influenced by a myriad of factors. The electorate in a democratic society has to be rational when voting in a general election. A strong rule-of-law culture is key to our democracy and is central in the fight against corruption, safeguarding academ- ic and media freedom, and promoting hu- man rights. What is important in a republic is the as- surance of rights to its citizens. The single objective of the rule of law is to enforce equal rights and equal justice. The rule of law ensures human rights by separating the legislative, executive and judicial pow- ers to curtail the concentration of power and check the culture of impunity. What is fundamental to the rule of law is that the state is accountable to a single legal system. John Locke wrote that free- dom in society means being subject to the same law made by legislation that applies to everyone, including the lawmakers and leaders. The operating principle of the rule of law is the sovereignty of the people, in that the ruler is the custodian of power, not the creator of power. It is the rule of law, not the ruler, that matters. While the govern- ment governs, in reality, we are governed by the rule of law. The rule of law defines what is permissible, what is punishable and what is enforceable. What is important in the separation of powers is the concept of the independ- ence of each branch of the state. When there is no separation of powers, human rights can be called into question, and the government can act with impunity. Rights can be understood as liberties or as laws. Rights as liberties are de facto rights that can be held without obligations or sanctions, but rights as laws are imper- atives backed with sanctions. That is why no government can weap- onise laws to terminate constitutionally recognised rights. In a republic, anyone who respects the rule of law can be elected as the ruler, and everyone lives as free as the ruler. AN important turning point in how Malta understands and administers family justice was recorded recently with the launch of the family court reform. The reform presented together with Prime Minister Robert Abela and Social Policy Minister Michael Falzon is the product of sustained work since the start of this legis- lature, including a full public consultation. Every proposal and concern were examined seriously, and we remain grateful to all those who contribute their time and expertise to this vital sector. Ultimately, our responsibility is to take decisions that balance different needs with- in the system while keeping the best inter- ests of children and families at the centre. The reforms aim to strengthen the overall framework, enhance protection, and ensure a process that is efficient, sensitive, and ac- cessible. A central pillar of the reform is mediation. Although mediation is already required be- fore separation or custody proceedings, it has too often been informal and vulnerable to delay. Under the new framework, par- ties must attend at least six mediation ses- sions within eight months, extendable to 12 where justified. Crucially, both parties must disclose their full financial position from the start, including assets, liabilities, and income over the previous three years. They must also submit their proposals on custody, ac- cess, and maintenance from day one. This is a significant cultural shift. Early disclosure prevents cases from dragging on through piecemeal information or strategic delay, practices that have historically pro- longed proceedings for years. The reform also establishes co-parenting as a legal principle. Access is no longer a right claimed by one parent, but a shared obligation carried by both. Parents have both the right and the responsibility to maintain meaningful relationships with their children. For the first time, there will be real consequences when court decisions on access are ignored or abused. Parental responsibility does not end when a relation- ship does. Equally transformative is the strength- ened protection for children and survivors of domestic violence. Where there is risk, the system will be able to act immediately suspending mediation, appointing experts, and ensuring safety. At the same time, the courts are equipped to address manipulative behaviour, like parental alienation or false allegations swiftly and impartially. A system that protects must also guard against abuse. Maintenance decisions will be reasoned, proportionate, and grounded in the chil- dren's needs and each parent's means. Courts will order salary deductions or stand- ing bank orders to prevent non-payment. If mediation fails, litigation will proceed on strict timelines. Proceedings must be filed within two months, and evidence presented within six months by each side. The creation of an autonomous Special- ised Family Court, supported by specialised judges, the enhanced role of child advo- cates, support officers serving as state fund- ed court experts and distinctively as thera- peutic professionals, marks a fundamental cultural shift. Family cases are recognised not merely as legal files, but human stories requiring expertise and sensitivity. This reform places children first, respects both parents equally, and builds a system capable of meeting the realities of modern family life. The reform proposes the creation of an autonomous specialised Family Court In a republic, anyone who respects the rule of law can be elected as the ruler, and everyone lives as free as the ruler