Politics of Malta - Judicial Branch

Judicial Branch

The President appoints the Chief Justice of Malta and the judges of the superior courts on the advice of the Prime Minister of Malta. There are also inferior courts presided over by a Magistrates which have original jurisdiction in criminal and civil actions.

Malta's judiciary is independent and they have security of tenure until their mandatory retiring age currently set at 65 or impeachment. Members of the judiciary are impeached by the President upon a vote by the House of Representatives that is supported by a 2/3s majority of all the members on the grounds of proved inability to perform his functions in office (whether it is infirmity of body or mind or any other cause) or proved misbehavior by the Commission for the Administration of Justice. Therefore, the Maltese court system safeguards both the positions of the judge and to a certain extent, the position of the courts, from political interference by government or by Parliament.

Judges’ security of tenure is also guaranteed by the constitutional requirement that the judiciary’s salaries are paid from the Consolidated fund and thus the government may not diminish or amend them to their prejudice. The government may increase their salary. Therefore any judgements would not be taken according to the influence of politics but the principles and rules of law i.e. the judiciary is subject only to law.

There is a Civil Court and a Criminal Court. In the latter, the presiding judge sits with a jury of nine. There are also Tribunals having Civil Jurisdiction. The Court of Appeal and the Court of Criminal Appeal hear appeals from decisions of the civil and criminal actions respectively.

The highest court, the Constitutional Court, has both original and appellate jurisdiction. In its appellate jurisdiction it adjudicates cases involving violations of human rights and interpretation of the constitution. It can also perform judicial review. In its original jurisdiction it has jurisdiction over disputed parliamentary elections and electoral corrupt practices.