Judiciary of Malta

The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.

In its pre-accession evaluation reports in 2003, the European Commission suggested that there should be reform in the judicial appointment procedure, "controlled by political bodies" (i.e. the Parliament and parties therein), to improve objectivity.^[1] The Commission also pointed to the need to check the procedure for challenging judges and magistrates provided for by Article 738 of the Code of Organisation and Civil Procedure with the principle of an impartial tribunal enshrined in the European Convention on Human Rights.^[2]

The December 2018 Venice Commission Opinion on constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement in Malta has pointed the finger to several issues requiring reforms to ensure the independence of the judiciary in Malta which has led to a number of reforms on the appointments and removal of the Judiciary of Malta.

^ Cite error: The named reference COM2003 was invoked but never defined (see the help page).
^ "Regular report on Malta's progress towards accession" (PDF). European Commission. 2002. p. 17. Archived from the original (PDF) on 3 January 2014. Retrieved 30 December 2013.

[COM2003-1] Cite error: The named reference COM2003 was invoked but never defined (see the help page).

[EC2003-2] "Regular report on Malta's progress towards accession" (PDF). European Commission. 2002. p. 17. Archived from the original (PDF) on 3 January 2014. Retrieved 30 December 2013.

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