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 is based partially on English law and partly on Continental law, whilst also being subject to European Union law. The judiciary is defined by the Constitution of Malta as a hierarchical system of courts, with a Constitutional Court, separate Civil and Criminal Courts of Appeal and various inferior courts. Inferior courts are presided over by Magistrates with original jurisdiction in criminal and civil actions. In the criminal courts, the presiding judge sits with a jury of nine. The Court of Appeal and the Court of Criminal Appeal hear appeals from decisions of the civil and criminal courts respectively.

The highest court, the Constitutional Court, has both original and appellate jurisdiction. In its appellate jurisdiction it adjudicates cases involving violations of human rights and interpretation of the Constitution. It can also perform judicial review. In its original jurisdiction it has jurisdiction over disputed parliamentary elections and electoral corrupt practices.

The Chief Justice of Malta and the judges of the superior courts are appointed by the President, on the advice of the Prime Minister of Malta. The Constitution of Malta provides for a Judicial Appointments Committee. The functions of this sub-commmittee is to receive and examine expressions of interest from persons who are interested in being appointed to the office of judge of the Superior Courts (other than the office of Chief Justice) or of magistrate of the Inferior Courts.

On appointment, there are guarantees for the independence of the judiciary include the security of tenure for judges until the mandatory retiring age of 65, or until impeachment. The independence of the judiciary is also guaranteed by the constitutional requirement that the adjudicators' salaries are paid from the Consolidated Fund and thus the government may not diminish or amend them to their prejudice.

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Wikipedia