Zammit Lewis is Malta’s choice for European judge

Edward Zammit Lewis is Malta’s nominee for European judge and will appear in front of a judicial advisory panel in Luxembourg, a senior government source has confirmed.

The Labour MP will be interviewed by the Comite 255, a seven-member panel that evaluates the suitability of candidates for judge and advocate-general of the EU courts.

The grilling behind closed doors is expected to take place on 11 October and if the panel gives a favourable opinion, Zammit Lewis will be appointed judge on the General Court of the EU. He will be replacing Ramona Frendo, who will now serve as judge at the European Court of Justice.

MaltaToday had revealed in June the former justice minister was government’s preferred choice despite issuing an open call for the vacancy. Applicants for the post included four other lawyers – Jacques René Zammit, David Ciliberti, Rashida Sheikh and Veronique Dalli. They were interviewed viva voce in Malta by a committee set up by the Justice Minister.

NGO Repubblika had objected to Zammit Lewis’s nomination when the information first leaked and had also written to the Comite 255 panel with its concerns. The NGO said Zammit Lewis would tarnish the reputation of the European Court as a result of his proximity to Yorgen Fenech, the man awaiting trial for allegedly masterminding Daphne Caruana Galizia’s murder.

Justice Minister Jonathan Attard had described the NGO’s reaction as a “thinly-veiled personal attack”.

The Comite 255 panel is composed of seven persons chosen from among former members of the Court of Justice and the General Court of the European Union, members of national Supreme Courts and jurists of recognised competence, one of whom is proposed by the European Parliament.

Who is Zammit Lewis?

Zammit Lewis served as justice minister until February 2022 when parliament was dissolved. He had been instrumental in implementing several recommendations for constitutional and judicial reform made by the Venice Commission.

However, he was omitted from Cabinet after the election held in March 2022, which returned a Labour government. He currently serves as chairperson of parliament’s Foreign and European Affairs Committee. Zammit Lewis is a lawyer by profession, having practised in the civil, commercial, administrative and constitutional fields.

His eventual departure will require a casual election on the 8th District, although the source said Robert Abela is likely to go down the route of co-option.

Since 2013, Zammit Lewis served as minister in various portfolios, including tourism, European affairs and equality.

Zammit Lewis came under fire prior to 2022 after his closeness to Yorgen Fenech, the businessman accused of masterminding the Daphne Caruana Galizia murder, was exposed in a cache of leaked WhatsApp chats. The conversations had taken place before Fenech’s involvement in the murder was publicly known.

But Zammit Lewis was also in the line of fire for disparagingly describing Labour voters as ‘Ġaħan’ in one of the WhatsApp conversations. He later apologised for the remark.

What EU judges do

Malta gets to nominate two judges to the EU’s General Court. The outgoing Frendo took up her post at the General Court in 2019 and was earlier this year approved by a panel of judges to serve as a judge at the ECJ, succeeding Judge Peter G. Xuereb.

Malta’s other nominee at the General Court is Eugene Buttigieg, who was appointed judge in 2012 and whose current term ends next year.

Judges on the General Court are appointed for a renewable term of six years.

A judge at the European Court of Justice interprets and applies EU law to ensure its consistent implementation across member states. They handle cases involving disputes between EU institutions, member states, businesses, and individuals, and provide preliminary rulings when national courts seek clarification on EU law.

Judges also review the legality of acts by EU institutions and can impose penalties for non-compliance, thereby playing a crucial role in maintaining the rule of law within the EU.