On impeaching magistrates

Magistrate Donatella Frendo Dimech

I have been informed by someone who is more knowledgeable about the law that Parliament can no longer impeach members of the judiciary as it once could. Parliament’s power to impeach members of the judiciary was removed in 2020 as part of the Venice Commission’s reforms on the rule of law.

Now, according to the Constitution’s Article 101B, the power of impeaching members of the judiciary is vested exclusively to the Commission for the Administration of Justice following a request made by the Chief Justice or by the Minister for Justice.

Very nice rule of law to vest the power in the proposal of impeachment unto two single individuals only, instead of allowing this power to a two-thirds parliamentary majority. Apparently, the “unprecedented rule of law reforms” that Robert Abela praises so much have granted him more power and control over the judiciary. The Nationalist Party seems to have opposed this proposal back then.

No wonder Donatella Frendo Dimech believes that she can act with impunity. Jonathan Attard, the Minister for Justice will never allow her impeachment especially since it is against the interests of the Prime Minister and the Chief Justice seems as weak as a lamb.

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