Repubblika withdraws constitutional case over judicial appointments

Repubblika has withdrawn the constitutional case it had filed over judicial appointments.

In a note filed this morning, the NGO said it recognised that the European Court of Justice (ECJ) had limited itself to that which is stated in the law and that it was up to this court to examine the application of the law from 2013 onwards.

Although this exercise would be of historical and academic relevance, it said the point of the case it had filed was not historical or academic.

The ECJ’s decision had created an important guide for EU citizens on the subject of judicial independence, attracted academic attention and that of legal practitioners, and the European utility of the case was something that Repubblika was proud of, it said.

Both Repubblika and government agreed to pay their own costs in the case.

The Chief Justice, presiding the case, thanked the parties for their good conduct and the case was closed.

Repubblika had wanted the European Court to determine whether the current system of judicial appointments in terms of the Maltese Constitution was in breach of the European Treaty and/or Charter of Fundamental Rights.

It had explained that the current system gave the Prime Minister “arbitrary discretion,” was not subject to “clear and objective rules or criteria” and was lacking any need for explanation or motivation nor subject to any judicial authority.

READ MORE: European court will hear case on Malta's judicial appointments