We refer to the search for a Maltese candidate for a judge at the European Court of Justice.
We note that candidate after candidate sent by the government is being selected directly by ministers without any form of public call or meritocratic competition.
Without going into the credentials of the candidates sent by the government, it is clear that all the candidates selected by the ministers are in some way close or very close to the Labour Party. While this alone should not exclude them from being candidates, it is not in anyone’s interest for the government to close its eyes to other possible candidates.
Since the case of Repubblika against the Maltese government at the European Court of Justice, the appointment of judges in Malta is no longer a gift in the hands of the government. Instead, for the positions of judges and magistrates in Maltese courts, competition and selection are made solely on the merit and abilities of the candidates who apply.
There is no reason why the appointments of Maltese judges to the European Court should be any different.
We therefore encourage the adoption of a new norm whereby nominations to the European Court are administered by the Committee specifically established in the Constitution for Judicial Appointments which, however, sends its selection to the European Court after a public call and a selection process based on merit and not on the political or partisan credentials of the candidates.