Issue link: https://maltatoday.uberflip.com/i/949290
maltatoday SUNDAY 4 MARCH 2018 News 17 Galizia's death was subdued, she did make the crucial point that the rule of law "is the deterrent against autocracy and abuse of power". Strong in her constituency Ultimately it's not Coleiro Pre- ca's idealism but her strength at constituency level, which weighs heavily on Muscat's choices. She is mostly popular in the same strategic Qormi district where Robert Abela, the son of another former president, George Abela, is also making inroads. As MP, Abela is a legal advisor to Joseph Muscat as well. This rivalry was most evident when in court, George Abela tes- tified during the Paqpaqli crash court case that his office always assumed responsibility for charity events organised under its aegis. "At the end of the day I believed that responsibility fell squarely upon my shoulders." That stab at Coleiro Preca was then 'sweetened' by a commentary from his son Robert, underlining the constitu- tionality of a second term for "a deserving" Coleiro Preca, perhaps to defuse the situation. "If it is truly the wish of Her Ex- cellency Coleiro Preca to continue to serve, she deserves to do so," Abela wrote on Facebook. There is a risk for Muscat to leave Coleiro Preca out in the cold after the expiry of her presidency. Deprived of any institutional role, the outspoken Coleiro Preca may easily become a reference point for the orphaned left in the Labour orbit, where she retains popularity with Labour grassroots. In 2008 she lost a leadership bid (a disastrous outing that won her just 26 delegates' votes) that saw Mus- cat take the party helm, but she remained a force to be reckoned with, one which today could still reignite a much-needed ideologi- cal debate inside Labour. Would Muscat, who is himself seeking an exit into European poli- tics after 2019, be ready to face a debate on the party's direction at this moment in time? Kicking her upstairs again One possible option for Muscat could be to renew her term, an of- fice where her outspokenness is limited by constitutional prudence. Irrespectively of the need for con- stitutional change or not, Muscat would be unwise to proceed with such an unprecedented move with- out the consent of the Opposition. No Maltese president has ever been reappointed to the office. Muscat could justify such a move by citing the need of continuity in talks on constitutional reform. But this further underlines the need for a consensus. While the Opposition risks sounding divisive if it blocks Coleiro Preca's reappointment, Muscat could be accused of using the presidency to sort his own po- litical problems. A second term in the presidency may well keep Coleiro Preca out- side the party's internal debate. But reappointing her would deprive Muscat of the chance of reshuf- fling his Cabinet by kicking one of his senior ministers to the post, to inject new blood and remove rotten apples before the MEP elections. But the only serving minister who fits the profile is Evarist Bartolo, and it remains doubtful whether Muscat can afford to lose one of his best performing ministers. Another option which excludes a reshuffle would be appointing for- mer minister George Vella or Louis Grech, who did not contest the last general election. Muscat may also think outside the box and appoint someone with a Nationalist back- ground, a step which may further disorient the Opposition and boost his image as a unifier. It would replicate a move by Law- rence Gonzi when he appointed Muscat's leadership rival George Abela as President in 2009 – al- though the move ultimately neu- tralised any potential opposition Abela could present to Muscat. The problem in this case is that it is difficult to find someone credible who fits the profile. Send her on a plane to Brussels… So what would happen if Coleiro Preca had to contest for MEP? It would surely galvanise the La- bour vote, probably ensure an even bigger victory for Muscat by renew- ing the party's appeal to disgruntled Labourites, but it also risks under- mining any prospect of Miriam Dalli emerging as Labour's front- runner in these elections. And this may not bode well for her chances in the forthcoming leadership contest that will take place when Muscat vacates his post. On balance Coleiro Preca's can- didature would increase Labour's share of the vote. The main diffi- culty is that those elections are due two months after the expiry of the Presidency: an awkward situation of having a symbol of national unity entering the partisan fray in the space of a few weeks. Muscat may also consider another symbolic role for Coleiro Preca, like that of presiding the constitutional convention, keeping her busy for years without having her enter the partisan fray. Or he could let things take their natural course and ignore Coleiro Preca's future ambitions. Would it put him on collision course with her? Would it enrich internal debate in the party, or could it spell trouble for his plans for an orderly transi- tion if he does step down before the next election? Muscat himself may well realise the party needs an injection of de- bate and Coleiro Preca is best left to her devises. If she does take a prominent role in Maltese civil society, she could bridge the gap between what is presently a largely middle-class and PN-leaning civil society and La- bour-leaning working-class voters. It could be what she has in mind when speaking of a return to non- partisan politics. Would she ruin this opportunity by seeking another term at San Anton? Can a President be reappointed? Article 48 (3)(a) of the Constitu- tion states that the office of Presi- dent shall become vacant "on the expiration of five years from the date of the appointment to that of- fice." Article 123 allows Constitution- ally-appointed officials to be reap- pointed "where any person has va- cated any office established by this Constitution including the office of Prime Minister or other Minis- ter or Parliamentary Secretary, he may, if qualified, again be appoint- ed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitu- tion." But subsection (2) specifical- ly states that this "shall not apply to the office of President." In 2002 former President Guido de Marco made it clear that Article 123 makes it clear "that the Presi- dent's office is not renewable". But de Marco told the Sunday Times then that the clause does not re- quire a two-thirds majority in Parliament for it to be changed or removed, but only a simple major- ity. "Therefore this is up to the ma- jority to decide whether to retain Article 123 (b) or not." He also recalled the then La- bour Opposition had asked for an amendment in the Constitution so that Censu Tabone's term is ex- tended. "He started with a boycott from the Opposition. He ended his term with the Opposition asking for an amendment in the Constitution so that his term be extended." Prof. Kevin Aquilina, dean of the University of Malta's faculty of laws, has interpreted the Consti- tution as excluding the reappoint- ment of the President. Labour MP Robert Abela has given a different interpretation. He contends that Article 123 applies to cases when the person vacates the post themselves, for example, when they resign. And former MP Franco Debono says Article 123 of the Constitu- tion does not require two-thirds of the House of Representatives to be changed, and therefore can be changed through a simple major- ity. jdebono@mediatoday.com.mt A second term in the presidency may well keep Coleiro Preca outside the party's internal debate. But reappointing her would deprive Muscat of the chance of reshuffling his Cabinet by kicking one of his senior ministers to the post, to inject new blood and remove rotten apples before the MEP election