Call for public consultation on bill that could affect judicial independence

Malta Government’s Bill 134 proposed amendments to the Constitution that will affect the structure and independence of the judiciary. Together with aditus and Repubblika, we wrote to the Minister of Justice, asking for a public consultation process before the legislative process continues. We sent a similar joint letter to the Shadow Ministers for Justice and Constitutional Reform.

UPDATE: Former judges warned that Bill 134 put judicial independence at risk. The governing Labour Party then pushed through Motion No. 379, to change the procedure on Constitutional Amendments, bypassing the two-thirds majority requirement and enabling parts of Bill 134 to be approved by simple majority.

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Dear Minister Attard,

We, the undersigned civil society organisations, are writing to express our deep concern regarding Bill No. 134, which proposes significant Constitutional amendments introducing a new Commissioner for Standards of the Judiciary and introducing changes to the process by which the Chief Justice is appointed in Malta.

We understand that the Bill has already passed its first reading in Parliament. Given the fundamental importance of safeguarding judicial independence and upholding the rule of law, we are concerned by the pace at which this legislation is progressing and the absence of a public consultation with stakeholders.

Reforms of this magnitude—affecting the very structure and independence of the judiciary—warrant broad, transparent, and inclusive engagement. We believe it is imperative that civil society and the public are given an opportunity to contribute to the discussion before the Bill proceeds further in the legislative process.

This request is made in the spirit of good governance, transparency, and a commitment to strengthening Malta’s rule of law. We are confident that your Ministry recognises the significance of public trust and stakeholder involvement in matters of such constitutional importance.

We stand ready to participate constructively in any such consultation and to support efforts aimed at ensuring a fair, open, and credible reform process.

Yours sincerely,

• aditus
• Repubblika
• The Daphne Caruana Galizia Foundation