Malta’s Constitution of 1964 with Amendments through 2016

Judicial Independence

Article 39. Provisions to secure protection of law 1. Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. […]

Judicial Council or Parallel Institution

Article 96 A. 1. There shall be a Judicial Appointments Committee, hereinafter in this article referred to as “the Committee”, which shall be a subcommittee of the Commission for the Administration of Justice established by article 101A of this Constitution and which shall be composed as follows: a. the Chief Justice; b. the Attorney General; c. the Auditor General; d. the Commissioner for Administrative Investigations (Ombudsman); and e. the President of the Chamber of Advocates: Provided that the President of the Chamber of Advocates shall not, before the expiration of a period of two years starting from the day on which he last occupied a post on the Committee or he was last a Committee member, be eligible to be appointed a member of the judiciary. 2. The Committee shall be chaired by the Chief Justice or, in his absence, by the judge who substitutes him in accordance with paragraph (d) of sub-article (3).

Article 101B. 1. There shall be a Committee for Judges and Magistrates (hereinafter referred to as “the Committee”) which shall be a subcommittee of the Commission for the Administration of Justice and which shall consist of three members of the judiciary who are not members of the Commission for the Administration of Justice and who shall be elected from amongst judges and magistrates according to regulations issued by the Commission for the Administration of Justice so however that in disciplinary proceedings against a magistrate two of the three members shall be magistrates and in the case of disciplinary proceedings against a judge two of the three members shall be judges. […]

Attorney General’s Office

Article 91. Attorney General 1. There shall be an Attorney General whose office shall be a public office and who shall be appointed by the President acting in accordance with the advice of the Prime Minister. 2. A person shall not be qualified to hold office as Attorney General unless he is qualified for appointment as a judge of the Superior Courts. 3. In the exercise of his powers to institute, undertake and discontinue criminal proceedings and of any other powers conferred on him by any law in terms which authorise him to exercise that power in his individual judgment the Attorney General shall not be subject to the direction or control of any other person or authority. 4. Subject to the provisions of sub-article (5) of this article, the Attorney General shall vacate his office when he attains the age of sixty-five years. 5. Sub-articles (2) and (3) of article 97 of this Constitution shall apply to the Attorney General.