Issue link: https://maltatoday.uberflip.com/i/556862
maltatoday, SUNDAY, 16 AUGUST 2015 6 News THE Chamber of Advocates has expressed concern at the new ap- pointments of magistrates – two former Labour officials – in which the government disregarded the recommendations of the Giovanni Bonello Commission on the re- form of the justice system, despite its apparent commitment to im- plement these recommendations. "The Bonello recommendations on the appointment of members of the judiciary are key in the overall reform to the justice system which the Chamber has on numerous oc- casions supported and continues to support. It is the implementa- tion of those recommendations however, which sets the bench- mark against which the govern- ment's commitment to reform the justice system will be measured, and not the articulation of words of support," the Chamber said. "When the opportunity to im- plement recommendations, which the government has expressed support to presents itself and is foregone, the level and intensity of the political will and commitment to carry out the reform is, with reason, questioned. "Inadequate regard to important institutional recommendations aimed at enhancing credibility in the judicial system, continues to undermine public confidence in the current judicial system," the Chamber said. The commission for the holis- tic reform of the justice system, headed by former European Court of Human Rights judge Giovanni Bonello, had disagreed with the way judges are appointed in Malta, lamenting the lack of transparency in the selection process and hav- ing no fixed criteria of determin- ing who is the person most fit for the post. The Bonello Commission pro- posed that it would be a specialised authority to make the selection process, while the government, as much as possible, acts according to the advice of that Authority when taking the final decision. The Anglo-Saxon system works by selecting lawyers in private practice and then carrying out a selection process by an independ- ent commission that recommends the appointment of a judge to the executive. The Bonello Commission also proposed that lawyers who prac- tise their profession in court be given preference. "A good judge must be well trained in procedural law and such experience gained by forensic practice." MATTHEW VELLA CHIEF Justice Silvio Camilleri has submitted an application to become Malta's second judge in the General Court of the Euro- pean Court of Justice, in Luxem- bourg. If selected, Camilleri's depar- ture will open up a crucial va- cancy for Malta's judiciary – a sensitive post which observers say will also further determine the 'colour' of the institution, af- ter Labour's first appointments to the bench. The Labour government has so far appointed a former candidate, Joanne Vella Cuschieri, former international secretary Joe Mif- sud and Xewkija mayor Monika Vella as magistrates, and a former government whip, Wenzu Mint- off, as judge. Silvio Camilleri, a former at- torney general, was appointed chief justice in 2010 after Vin- cent de Gaetano was nominated to the European Court of Human Rights. He was an 'outsider' can- didate catapulted to the top post without having been a member of the judiciary. At 62, Camilleri is still three years away from official retire- ment as chief justice, which would have put him in good stead as successor of Malta's sit- ting judge in the EU's court of justice, Anthony Borg Barthet, who is expected to step down in 2018. Instead Camilleri is seeking a nomination by the government for the ECJ's inferior court, which mainly handles private cases. He will also have to get the green light from a panel of EU judges who will test his suit- ability for the post, particularly his experience in EU legislation. The Court of Justice is com- posed of 27 judges and eight advocates-general, while the General Court is made up of at least one judge from each mem- ber state. Eugène Buttigieg is currently a judge in the General Court, serving his second mandate until 2019. Following a decision to increase the number of judges in order to tackle a backlog of cases, each member state will have the right to nominate another judge. EU judges are paid €220,000 a year excluding allowances. The addition of 28 new judges is ex- pected to cost taxpayers about €23 million a year, an increase of 6.6 per cent over the €350 mil- lion annual budget of the Luxem- bourg court. Current judge Anthony Borg Barthet was a former attorney general under whom Camilleri served. He was reappointed to the ECJ in 2006 for a six-year term, and again in 2012. A panel of experts had also turned down the nomination of judge Joseph Filletti for the General Court that same year. All appointments are made after consulting a panel of retired ECJ judges and senior EU law experts, as well as the Court's president, who give an opinion on candi- dates' suitability. The workings of the Court of Justice are con- ducted in French and member states are expected to nominate persons with sufficient experi- ence and knowledge to be able to perform their duty at European Union level. Chief Justice mulls EU court Chief Justice Silvio Camilleri has submitted his nomination to be appointed Malta's second judge in the lower court at the European Court of Justice, but possible departure would set the stage for a very sensitive appointment to the judiciary for the Labour government and the pereception of 'red togas' filling up the courts Judges' appointments Bonello Commission ignored Chief Justice Silvio Camilleri (holding fan) . By seeking a nomination for the General Court of the European Court of Justice, it will mean the government has an important and sensitive vacancy to fill (PHOTO: Ray Attard) Justice Minister Owen Bonnici (left) with Judge Giovanni Bonello At 62, Camilleri is three years away from official retirement, which would have put him in good stead as successor of Malta's sitting judge in the EU's top court in 2018 'Good judges must be well- trained in procedural law and forensic practice'