Judiciary of Malta
The judiciary of Malta is the branch of the Republic of Malta responsible for the administration of justice. It is established by the Constitution of Malta and operates independently of the executive and legislative branches of government.
The judiciary of Malta is composed of the Chief Justice, judges and magistrates.
The judiciary interprets and applies impartially the laws of Malta in civil, criminal, constitutional, and administrative matters, and ensures the protection of fundamental rights and freedoms.
Constitutional basis
The judiciary is established under Chapter VIII of the Constitution of Malta, which regulates the appointment, tenure, and removal of judges and magistrates, as well as the organisation of courts. Judicial independence is expressly guaranteed by the Constitution, and members of the judiciary are subject only to the Constitution and the law in the exercise of their functions.Courts of Malta
95. There shall be in and for Malta such Superior Courts having such powers and jurisdiction as may be provided by any law for the time being in force in Malta.
The Constitution provides for a system of Courts, including both superior and inferior ones.
Superior courts
Superior courts are presided over by judges and include:Constitutional Court of Malta – the highest court in Malta, with original and appellate jurisdiction in constitutional matters, including human rights cases, electoral disputes, and constitutional interpretation;Court of Appeal – hears appeals from decisions of courts of first instance in civil and administrative matters;Court of Criminal Appeal – hears appeals from criminal judgments;Criminal Court – a court of first instance for serious criminal offences ;Civil Court – a court of first instance for civil matters, organised into specialised sections, including family law, commercial law, and asset recovery.The Court of Appeal and the Court of Criminal Appeal hear appeals from decisions of the civil and criminal cases delivered by the superior and inferior courts respectively. Inferior courts are presided over by magistrates with original jurisdiction in criminal and civil actions.
Prosecution tasks in Malta are shared between the Malta Police Force, who investigate crimes and presses charges, and the Attorney General, who prosecutes the cases. Magistrates may also start ‘inquests’, originally foreseen to preserve evidence, but today rather fully-fledged investigations.
The highest court, the Constitutional Court of Malta, 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 corruption practices. The Constitutional Court's judgments do not have explicit erga omnes effect, and norms which have been found unconstitutional need to be repealed by Parliament. The Court is thus faced with repetitive cases due to its jurisprudence not being taken into account by the administration or even by other judges.
The Venice Commission notes that “the Constitution should be amended to provide that judgments of the Constitutional Court finding a legal provision unconstitutional will result directly in the annulment of that provision without intervention by Parliament”
Inferior courts
Inferior courts are presided over by magistrates and include:Court of Magistrates – exercises jurisdiction in minor criminal and civil matters;Court of Magistrates – exercises both inferior and, in certain cases, superior jurisdiction within Gozo.Specialised tribunals
In addition to the ordinary courts, Malta has a number of specialised tribunals dealing with specific areas of law, such as employment, immigration, competition, and social security, including:- Police Licenses Appeals Tribunal
- Prison Appeals Tribunal
- Building and Construction Tribunal
- International Protection Appeals Tribunal
- Industrial Tribunal
- Arbiter & Patents Tribunal
- Administrative Review Tribunal
- Information and Data Protection Appeals Tribunal
- Partition of Inheritances Tribunal
- Small Claims Tribunal
- Environment and Planning Review Tribunal
- Commercial Sanctions Tribunal
- Financial Services Tribunal
- Consumer Claims Tribunal
The European Court of Human Rights has established that the Immigration Appeals Board - and by extension all other similarly composed specialised tribunals - does not have the required independence and impartiality to be considered as a court of law.
The Venice Commission already flagged in 2018 that specialised tribunals do not enjoy the same level of judicial independence as the ordinary judiciary, which risks being undermined by their expansion, with the danger of parallel jurisdictions.
Members of the Judiciary
The Judiciary includes the Chief Justice, the judges of the superior courts, and the magistrates of the inferior courts.The self-government of the judiciary is entrusted to the Commission for the [Administration of Justice of Malta]
Security of tenure
Judges and magistrates have security of tenure until the mandatory retiring age of 65. They may be removed from office only in accordance with constitutional procedures. By Constitution, their salaries are paid from the Consolidated Fund and the government cannot lower them to their prejudice.Appointment
The appointment the Chief Justice is made by the President of Malta following a two-thirds resolution by the House of Representatives of Malta.Until 2016, judges and magistrates were chosen by the Prime Minister in full discretion.
Since 2020, a Judicial Appointments Committee composed of 5 non-judicial members recommends appointments of judges of the superior court and magistrates of the inferior court directly to the President of Malta.
Judges are typically appointed from among advocates with at least twelve years of professional legal experience, while magistrates generally require a minimum of seven years’ experience.
Training
Judicial training and continuing professional development are coordinated by the Judicial Studies Committee, which provides induction training for newly appointed judicial officers and facilitates participation in European and international judicial training programmes.Ethics
Judges and magistrates are bound by a Code of Ethics requiring independence, impartiality, integrity, and propriety. Judicial officers must avoid conflicts of interest and refrain from any conduct that may undermine public confidence in the judiciary.Discipline
To ensure accountability while guaranteeing judicial independence, judges and magistrates may be subject to disciplinary measures from their own peers if they breach the Code of Ethics.Disciplinary accountability is distinct from criminal liability, although serious misconduct may give rise to both.
Based on Article 101B of the Constitution, written complaints may be submitted by the Chief Justice of Malta, or by the Minister responsible for Justice. Complaints are examined by a Committee for Judges and Magistrates, composed of three members of the judiciary who are not members of the Commission for the Administration of Justice. If the Committee determines that there is a prima facie case, disciplinary proceedings are opened. These take place generally in camera. The concerned member of judiciary has the right to be informed of the allegations, to be heard, to be represented by legal counsel, and to present evidence and submissions. If misconduct is proven, sanctions may include a reprimand, a financial penalty, or suspension from office. Decisions of the Committee may be appealed before the Constitutional Court.
In cases of serious misconduct or incapacity, the Commission for the Administration of Justice may recommend removal from office, which requires a resolution of the House of Representatives supported by a two-thirds majority.
In 2025, the Parliament of Malta, by simple majority, introduced in the Constitution the office of Commissioner for Standards of the Judiciary, intended to provide a structured disciplinary oversight mechanism and allow members of the public to submit complaints about judicial misconduct, with the aim of strengthening ethical standards and accountability in the judiciary.
The first Commissioner, retired Judge Toni Abela, was sworn in December 2025.
Commissioner for Standards of the Judiciary
In 2025, the Parliament of Malta, by simple majority, introduced in the Constitution the office of Commissioner for Standards of the Judiciary, intended to provide a structured disciplinary oversight mechanism and allow members of the public to submit complaints about judicial misconduct, with the aim of strengthening ethical standards and accountability in the judiciary.The first Commissioner, retired Judge Toni Abela, was sworn in December 2025.