Malta Independent

A better justice system

We are committed to ensure that the administra­tion of justice is efficient, of high quality and of service to our citizens. Various measures have been taken during the past five years to strengthen this sector and we are determined to keep doing more.

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Statistics do not lie and provide the best picture. And there we have an important amount of good news. We have already seen a steady decrease of pending caseload in 2018 compared to the previous years, a clear sign that the utmost is being done to provide a better service to the nation. An increasing number of courts are improving their efficiency- the Civil Court, the Constituti­onal Court and Court of Magistrate­s are all doing very well compared to last year when it comes to clearance rate, and the dispositio­n time for the Constituti­onal Court, Family Court, Court of Magistrate­s, and the Land Arbitratio­n Board has improved from last year.

The various criminal courts have also seen a decrease in its pending caseload. In fact, statistics for 2017 show that the number of pending cases has gone down to 13,185 – 13% less than what the number was 5 years ago. In particular criminal courts, the rate of concluded court decisions was up to 112%, meaning more court decisions were being given compared to the influx of new ones. This is the highest efficiency rate in the past couple of years.

This being said, there are other particular Courts which need attention and we will do all that is necessary and within the limits of rule of law to improve their efficiency. I am confident that the main stakeholde­rs share my view and determinat­ion drive further change and improvemen­ts. I am confident that in a year’s time, we will see across the board improvemen­ts which will result in a better administra­tion of Justice.

The overall positive outcome provides us with a stronger drive to keep on working on changes and reforms to the judicial process. better service.

This year an investment of €200,000 has led to the completion of two court halls. Back in March 2017 another new court room was completed, thus resulting in three new court rooms in less than a year. This improvemen­t is allowing for more hearings to be held and more judgements to be passed, resulting in a smaller backlog of proceeding­s.

Space is an issue in main Court building and the creation of three new court halls was the result of planning and attention to detail. In effect those three halls occupy the space which was previously held up by the Chief Justice’s office, the library and training centre. The former was immediatel­y converted to a courtroom once it was transferre­d to St Thomas More Building. An investment of €140,000 has brought the relocation of the court library and training centre. This relocation was essential for the work on the two courtrooms to commence and have now found their place instead of part of the Court Archives.

Another important milestone in court was the introducti­on of a new Commercial section of the Civil Court, which has entered into force on the 9th of April. Undeniably, the setting up of a section tasked with Company Law matter clearly crystallis­es the said commitment in that it provides a more specialise­d and accessible judicial service to citizens running a business as well as companies in commercial disputes. This augurs extremely well with the various judicial reforms, which this Government is principall­y implementi­ng to revitalise the justice sector, with the purpose of ensuring that our country’s citizens benefit from a stronger judiciary.

Notwithsta­nding that, domestical­ly, the Commercial Court albeit with a different jurisdicti­on – had previously existed, its absence in recent years raised concerns amongst several bodies and internatio­nal credit agencies, since in contempora­ry times having a Commercial Court is the norm and not the exception.

It is precisely this sentiment that spurred Government to act and establish a new Commercial division, a court which will now be competent to hear and adjudicate cases relating to matters governed by the Companies Act, such as bankruptcy, insolvency proceeding­s, and winding-up proceeding­s.

The need for this Court was already being felt from within the Courts’ structures, as in practice there were already informal arrangemen­ts for the formation of the Commercial Court. The establishm­ent of this Court is aimed at addressing better the various issues which citizens involved in business structures encounter on a commercial level. deliver the judgment compared to how long it took our Courts to decide the matter. Here is the data: In the first instance the case was decided on 28 June, 2010

In the second instance the case was decided on 29 November, 2012

The European Court for Human Rights decided the case on 15 May, 2018.

These are facts. No further comment is necessary.

 ??  ?? The Malta Independen­t Friday 25 May 2018
The Malta Independen­t Friday 25 May 2018

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