Judges and Magistrates
are appointed by the President of Malta and are constitutionally
independent of the Executive organ of governance.
A person must have practised as an advocate in Malta for a period of
not less than seven years to qualify for appointment as a magistrate,
and twelve years to qualify for appointment as a judge. Judges and Magistrates
enjoy security of tenure and they can only be removed by the President,
following a motion of the House of Representatives supported by the votes
of not less than two-thirds of all its members, on the ground of proved
inability to perform the functions of their office (whether arising from
infirmity of body or mind or from any other cause) or proved misbehaviour.
Prior to it being moved in the House of Representatives, the motion is
examined by the Commission for the Administration of Justice - set up
by the Constitution and, again, independent of the Executive organ -
which must certify that the facts alleged subsist as a matter of fact.
The separation of powers in Malta is not as strict as the American or
French pattern, but is more in the nature of checks and balances, such
as obtains in Britain from which the system derives. Consequently the
Courts are independent of the Executive organ, in the discharge of their
duties. While Judges retire at the age of 65, Magistrates retire at the
age of 60; and their salaries,which is a recurrent charge on the Consolidated
Fund, do not require annual approval by the House of Representatives.Hence, the Constitution of Malta provides for their independence through
its various provisions.
List of Judges and Magistrates (Click on names for Profile)
Chief Justice
His Honour the Chief Justice Vincent A. De Gaetano