The Commission for the Administration of Justice (Maltese: Il-Kummissjoni gçall-Amministrazzjoni tal-àustizzja) is Malta's national council of the judiciary, responsible for the selfâÂÂgovernment and oversight of the judiciary.
It is established under Article 101A of the Constitution of Malta and is tasked with supervising the efficiency and proper functioning of the Courts, advising on the administration of justice, overseeing disciplinary matters concerning judicial officers, and formulating ethical codes for judges, magistrates, and legal practitioners.
The Commission is chaired by the President of Malta and comprises judicial and nonâÂÂjudicial members representing various branches of the legal system.
As selfâÂÂgovernment body of the judiciary in Malta, the Commission plays a central role in balancing judicial independence with accountability. It is a full Member of the European Network of Councils for the Judiciary (ENCJ).
The Commission is located in the Grandmaster's Palace, Valletta.
The Commission was established in 1994 with the introduction of Article 101A into the Maltese Constitution, intended to provide a structured mechanism for judicial selfâÂÂgovernment and to enhance the independence and accountability of the judiciary. The constitutional provision has since been amended, including in 2016 to refine its composition and functions.
The Commission consists of the following members:
The persons appointed by the Prime Minister and the Leader of the Opposition must be at least fortyâÂÂfive years of age and be individuals of integrity and public respect.
As provided by the official Judiciary Malta description of the Commission and supported by independent sources, the Commission for the Administration of Justice of Malta comprises the Chairman and other members holding offices or appointments under Articleâ¯101A of the Constitution.
Under Article 101A of the Constitution and relevant legislation, the Commission has the following functions:
The procedures of the Commission are regulated by the Commission for the Administration of Justice Act (Chapter 369 of the Laws of Malta).
All Commission proceedings, including deliberations and evidence, are held in camera and are confidential. Each member is required to act independently and without direction from external authorities.
The Commission oversees several statutory subcommittees with specific mandates.
Established under Article 96A of the Constitution, this Committee is responsible for selecting and recommending candidates for appointment as judges and magistrates. It includes the Chief Justice, members elected from among judges and magistrates, the Auditor General, the Ombudsman, and the President of the Chamber of Advocates. (see Judiciary of Malta#Appointment)
Established under Article 101B of the Constitution, this committee handles disciplinary proceedings against judges and magistrates conducted independently of the full Commission. (see Judiciary of Malta#Discipline)
Established by the Commission for the Administration of Justice Act (Chapter 369 of the Laws of Malta), this committee investigates complaints about the conduct of advocates and legal procurators and may impose disciplinary penalties.
Proceedings are held in camera and decisions are not published, thus hindering transparency. A case reported in the press in 2010 concerned then-lawyer Nadine Lia, later appointed as Magistrate, about altercations in court with opposing lawyers, a conduct that the presiding judge had described as âÂÂshamefulâ and âÂÂappalling.â In 2023, some 100 complaints against lawyers had been received, a figure which the president of the Chamber of Advocates described as "very big".
The Commission is required to prepare an annual report on its activities, which it submits to the Minister responsible for justice. This report may include observations on court efficiency, disciplinary matters, ethical guidelines, and recommendations for systemic improvements.