ACT No. XVI of 2025 AN ACT to amend the Constitution of Malta.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

27th June, 2025

ACT No. XVI of 2025

AN ACT to amend the Constitution of Malta.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Constitution of Malta

(Amendment) Act, 2025 and this Act shall be read and construed as

one with the Constitution of Malta, hereinafter referred to as the

"Constitution".

Immediately after article 101A of the Constitution, as

amended, there shall be added the following new articles

101AA. (1) Whosoever has concerns about any

"Commissioner for

Standards of the

member of the judiciary that may give rise to his

Judiciary.

disciplinary proceedings in accordance with article

101B may submit such concerns in writing to the

Commissioner for Standards of the Judiciary

Provided that the Commissioner for Standards

of the Judiciary may direct the person raising the

concerns in writing to do so under oath.

(2) The Commissioner for Standards of the

Judiciary shall be appointed by the Commission for the

Administration of Justice for a term of three (3) years,

which may be renewed.

(3) No person shall be qualified to hold the office

of Commissioner for Standards of the Judiciary unless

he is a retired Judge or Magistrate or a non-practising

senior advocate.

(4) The Commissioner for Standards of the

Judiciary may at any time be removed or suspended

from his office by the Commission for the

Administration of Justice on the grounds of proven

inability to perform the functions of his office, whether

arising from infirmity of body or mind or any other

cause, or proven misbehaviour.

(5) The Commission for the Administration of

Justice may

(a) at any time when the office of the

Commissioner for Standards of the Judiciary is

vacant in accordance with sub-article (4); or

(b) for any other temporary reason which

the Commissioner for Standards of the Judiciary

considers due to those circumstances that he

would abstain from had he been a Judge of the

Superior Courts,

appoint a Commissioner for Standards of the Judiciary

to hold office temporarily in accordance with this

article, and who shall remain in office until such time

as the Commission for the Administration of Justice

appoints a new Commissioner for Standards of the

Judiciary in accordance with sub-article (2) or when

the investigation referred to in paragraph (b) is

concluded respectively.

(6) The Commissioner for Standards of the

Judiciary shall receive such remuneration as the

Commission for the Administration of Justice m a y

determine, which remuneration shall be paid from the

Consolidated Fund.

(7) The role of the Commissioner for Standards of

the Judiciary shall be to

(a) in consultation with the Judiciary

carry out case-load and statistical analyses, both

collectively and individually, as presented to him

by the Directorate within the Ministry

responsible for justice;

(b) investigate allegations he receives

about members of the judiciary and report in

writing to the Chief Justice and the Minister

responsible for justice in case he finds that there

is sufficient prima facie evidence to initiate

disciplinary proceedings against a Judge or

Magistrate. In case the complaint concerns the

Chief Justice, the Commissioner for Standards of

the Judiciary shall report only in writing to the

Minister

responsible

for

justice.

The

Commissioner for Standards of the Judiciary

shall also send a copy of the report to the member

of the judiciary against whom the complaint was

made.

(8) Every investigation carried out by the

Commissioner for Standards of the Judiciary in

accordance with sub-article (7)(b) shall be conducted

in camera. The Commissioner for Standards of the

Judiciary may hear or receive information from such

persons as he deems fit, and may make such

investigations as he deems fit. The Commissioner for

Standards of the Judiciary shall not make any finding

of guilt or any recommendation in respect of such

person under investigation without giving the said

member of the judiciary access to all evidence and the

right to be heard in accordance with the principles of

fair trial.

(9) The Commissioner for Standards of the

Judiciary shall have the power to

(a)

summon witnesses;

(b) administer an oath to any witness and

person involved in the investigation, and require

them to give evidence and produce documents in

their possession or in their custody in such

circumstances and in the same manner as may be

required to give evidence or produce documents

before a Court of Justice.

(10) The Chief Justice and the Minister responsible

for justice may at their discretion choose not to follow

the report of the Commissioner for Standards of the

Judiciary.

(11) The Commissioner for Standards of the

Judiciary shall not proceed to investigate any allegation

on any matter on which proceedings are pending in

Court or before any tribunal, board or body established

by law.

(12) When the Commissioner for Standards of the

Judiciary decides not to investigate or to further

investigate an allegation, he shall so inform in writing

the person who made the allegation, as well as the

Chief Justice and the Minister responsible for justice

and state the reasons for such decision.

(13) The Commissioner for Standards of the

Judiciary may be appointed by the Commission for the

Administration of Justice to act as a special independent

prosecutor in the disciplinary proceedings.

101AB. The Commissioner for Standards of the

Judiciary shall have the power to examine and if

necessary verify such declarations relating to income

or assets, or interests or other benefits of any kind, as

members of the judiciary may be required to make in

accordance with article 101A(11)(d) and to make

recommendations in the form of guidelines as the said

Commissioner considers appropriate and proportionate

also in respect of any member of the judiciary who fails

to make any declaration as aforesaid or makes an

incorrect declaration in a manner which substantively

misleads the purpose of the declaration.".

Immediately after article 101B of the Constitution, as Addition of new

article to the

amended, there shall be added the following new article

Constitution.

101BA. The Commissioner for Standards of the

Judiciary shall draw up a report, at least annually or as

m a n y t i m e s a s he m a y d e e m e x p e d i e n t , t o t h e

Commission for the Administration of Justice on the

performance of his functions in accordance with this

Constitution. Any such report shall be submitted to the

Commission for the Administration of Justice and to the

Minister responsible for justice.".

Passed by the House of Representatives at Sitting No. 358 of the

23rd June, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.54