Issue link: https://maltatoday.uberflip.com/i/556862
maltatoday, SUNDAY, 16 AUGUST 2015 News 7 SINCE 1994 the Maltese gov- ernment has sought the advice of the Commission for the Ad- ministration of Justice in only two cases for the appointment of magistrates and judges – such appointments are the exclusive remit of the justice minister. One of these was Andre Camilleri, whose appointment was shot down by the Commis- sion for the Administration of Justice, for not having enough experience in court practice as per Malta's law on judges, "notwithstanding his evident academic qualifications and professional track record in the international business law field". In Malta judges and mag- istrates are appointed by the President upon the advice of the Prime Minister and enjoy life tenure till retirement at 65. But the Council of Europe's group of states against corrup- tion (GRECO) has called for formalised, objective criteria and evaluation procedures to be introduced for judicial ap- pointments in Malta. It called for guarantees of "due independence, impartial- ity and transparency in the ap- pointment of judges", and for a compulsory induction train- ing programme for new magis- trates and the introduction of mentoring arrangements for new judges. Its latest report laments the lack of any formal appoint- ment process, with no invita- tion to apply and no interviews being held. "The Minister for Justice makes the recommen- dation based on knowledge of the capabilities of the relative- ly small numbers qualified and practising," the report said, however noting a trend during the past years to appoint fe- male magistrates. The report also noted that those appointed "had made it known to a politician that they were interested" and the wide- spread perception that judges are not appointed because of their "suitability" but for "rea- sons of influence". CALL FOR RESEARCHERS The Malta Union of Nurses and Midwives in collaboration with St Vincent De Paul long term facility have agreed to commission a joint survey to undergo a needs analysis of nursing staff levels in the facility on an immediate, short, and long term basis. The main aim of the study is to focus on establishing workload levels of nurses according to the changes envisaged within residents' dependency levels. For further information on the call and on how to apply, please see: http://www.mumn.org Applications should be received by Monday 31 st August 2015. All applications will be acknowledged and treated in strictest confidence. court move GRECO spotlight Council of Europe wants impartiality in judges' appointments in Malta istrates are appointed by the President upon the advice of the Prime Minister and enjoy life tenure till retirement Justice makes the recommen- dation based on knowledge of the capabilities of the relative- ly small numbers qualified and practising," the report said, however noting a trend during the past years to appoint fe- male magistrates. The report also noted that those appointed "had made it known to a politician that they were interested" and the wide- spread perception that judges are not appointed because of their "suitability" but for "rea- sons of influence". MEPA executive chairman at government's mercy JAMES DEBONO PARLIAMENTARY Secretary Michael Falzon will have the pow- er to fire the Planning Authority's executive chairman should he fail to achieve the objectives set by the government. The present law approved in 2010 states that the authority's chief ex- ecutive officer – a post currently occupied by Johann Buttigieg – may be dismissed by the authority if he does not achieve the "targets and objectives" set for him by the Malta Environment and Planning Authority. But the proposed planning laws place the authority's executive chairperson, who has been grant- ed wider powers than the existing CEO, at the complete mercy of the minister or parliamentary secre- tary responsible for planning. It states that the executive chair- man – a post which replaces that of CEO – can be dismissed for "not achieving the targets and ob- jectives set for him by the minis- ter". Moreover, while the present law also states that the chief executive officer is appointed by the author- ity "with the approval of the min- ister," the new law simply states that the minister shall appoint an executive chairperson. In its submissions on the new law, environmental NGO Din l- Art Helwa has proposed that the appointment and dismissal of the Planning Authority's executive chairman should be approved by parliament's Committee on the Environment and Development and not be decided by the minister alone. The new law will give the new executive chairperson generic powers including that of carrying out "such other functions and du- ties as the minister may assign to him from time to time." He will also chair the meetings of the Planning Authority's new executive council, composed en- tirely of government appointees, and will be responsible for policy making and the day-to-day run- ning of the authority. Presently the MEPA board is re- sponsible for both policymaking and for the issue of permits, mean- ing that presently the opposition's representative, independent board members and the NGO represent- ative also have a say when policies are discussed. Under the new structure deci- sions on permits will be taken by a separate new planning board which will have its own chairman who will be chosen by the govern- ment as is the case today. Environmental NGOs and the opposition will have a representa- tive on this board. On the other hand Din l-Art Helwa is proposing a change in the composition of the executive council, insisting that this should include five independ- ent board members and one NGO representative. The law is expected to be ap- proved after the summer recess. Although parliament has already discussed the demerger bills, NGOs were invited to send their submissions to be considered by the government before the final approval of the laws. The executive chairman, which replaces the CEO, can be dismissed for "not achieving the targets and objectives set for him by the minister" Masters and servants: Ministers Leo Brincat and Michael Falzon (environment and planning) with MEPA chairman Vince Cassar and CEO Johann Buttigieg