Joint statement: depoliticise Chief Justice appointment in line with Venice Commission safeguards

Together with aditus foundation and Repubblika, we call on the Prime Minister and the Leader of the Opposition to engage in a mature discussion and reach consensus on the appointment of the Chief Justice, with a view to allowing the judiciary and the courts to work with serenity, independence, and efficiency. The prolonged stalemate in the appointment process disrupts the smooth working of our already overburdened courts and weakens public trust in the justice system.

We also note with concern the statement of the Prime Minister that the Government will table a bill today with the aim to end the deadlock over the appointment of a new chief justice. We strongly caution against any rushed amendments that could weaken the independence of the important role of the Chief Justice and, as a result, of the working of the courts.

It is recalled that, as far back as 2020 in its Opinion No. 986/2020, the Venice Commission strongly recommended the depoliticisation of the appointment of the Chief Justice and recommended that the appointment to such a role should be carried out by a peer appointment system through a call for vacancies and approval by the Judicial Appointments Committee.

We therefore respectfully but firmly call for an effective and wide public consultation on any draft bill amending the appointment procedures of the Chief justice, before such is tabled in Parliament.

Furthermore, we urge the Government to seek the opinion of the Venice Commission on the text of any proposed bill before it becomes law, in the interests of strengthening the independence of this crucial constitutional role.