Repubblika expresses concern over the news that the government is considering appointing what is being called a “Czar” to oversee the conduct of judges and magistrates. This is especially so when we read that a Constitutional reform is being contemplated with a possible impact on the independence of the judiciary in the context of private discussions with judges regarding their retirement date.
It is a sacrosanct principle of the functioning of democracy that the judiciary be independent from any interference and oversight by the other institutional branches: both the government and Parliament. The removal of Parliament’s power to dismiss judges was an important step in safeguarding the separation of powers.
Only the judiciary should have the power to oversee the conduct and discipline of the judiciary. There should be no one appointed by anyone or any group outside the judiciary who has the power to discipline judges. And in a democracy there is no place for a “czar” to rule over judges.
This is not a privilege. This is a necessary protection for all citizens that judges who decide their cases are independent of any government or other power outside the court and independent of any threat of any consequence if they do not decide as the government or any other politician wishes.
In its conduct, the government already often intimidates judges into making decisions that it does not like. Through remarks made directly by Prime Minister Robert Abela and through campaigns in government-controlled media outlets, pressure has been and is being exerted on judges to submit to the will of the government. In this context, we cannot help but worry that the government is talking about manoeuvres that will have the effect of reducing the powers of the Commission for the Administration of Justice, the President of the Court, and the independence of judges and magistrates.
There is no doubt that any power granted to any state official should have monitoring measures attached to it to ensure that no one acts above the law or outside of ethics. Judges and magistrates are no exception.
But we find it extremely ironic that Prime Minister Robert Abela and other politicians are ignoring and acting with contempt towards the Commissioner for Standards in Public Life who, according to the law, watches over his and their behavior, while the Prime Minister is more worried about the behavior of state officials (such as judges and magistrates) who are supposedly not under his control.
We call on the government to publish a White Paper on the reforms it is contemplating in order to conduct an effective public consultation. It is not enough to hold discussions behind closed doors with the judges as if the independence of the judiciary were a matter of concern to them alone. It concerns the entire public and no discussion on the administration of justice should be part of negotiations on the pensions or working conditions of judges.
We also call on the judiciary to participate publicly in this discussion and also be a responsible defender of its autonomy without fear of how its position may disadvantage negotiations on the retirement date of its members or any other condition of their remuneration.
Finally, we reiterate our call for a Constitutional Convention that has been promised by the Party in Government for 12 years, a promise that has never been fulfilled while the Constitution has continued to be eroded piece by piece.