Editing Politics of Malta (section)

==Judicial branch==
[[Image:Malta Valletta BW 2011-10-07 10-41-05.JPG|thumb|right|The [[Courts of Justice building (Valletta)|Courts of Justice building]] in Valletta]]
The judicial system in Malta comprises inferior courts, civil and criminal courts of appeal, and a Constitutional Court.<ref name=COM2003>[http://ec.europa.eu/enlargement/archives/pdf/key_documents/2003/cmr_mt_final_en.pdf European Commission], Malta pre-accession report 2003, p.13</ref> Inferior courts are presided over by magistrates which have 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 actions 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.

There is a legal aid scheme offered to citizens lacking the means to afford legal defence.<ref name=COM2003/>

According to the Constitution, the president appoints the [[chief justice of Malta]] acting in accordance with a resolution of the House supported by the votes of not less than two-thirds of all the members of the [[House of Representatives of Malta|House of Representatives]]. The judges of the Superior Court and the magistrates of the inferior courts are appointed through the [[Judicial Appointments Committee of Malta]].

Guarantees for the independence of the judiciary include the security of tenure for judges until their retiring age set at 65 (with a choice to extend retirement till 68), or until [[impeachment]]. The impeachment procedure for judges foresees a removal decision of the president upon request by the [[Commission for the Administration for Justice]]. 

The independence of the judiciary is also guaranteed by the constitutional requirement that the judges’ salaries are paid from the Consolidated Fund and thus the government may not diminish or amend them to their prejudice.

The Maltese system is considered in line with the principles of separation of powers and of independence of the judiciary. However, in its pre-accession evaluation reports, the [[European Commission]] has suggested in 2003 the need to reform the procedure for appointment of the members of the judiciary, currently "controlled by political bodies" (i.e. the Parliament and parties therein), in order to improve its objectivity.<ref name=COM2003/> The Commission has also pointed to the need to check the compliance of the procedure for challenging judges and magistrates provided for by Article 738 of the Code of Organisation and Civil Procedure with the principle of an impartial tribunal enshrined in the [[European Convention on Human Rights]].<ref>[http://ec.europa.eu/enlargement/archives/pdf/key_documents/2002/ml_en.pdf European Commission], Malta pre-accession report 2002, p.17</ref>