Powers and prerogatives of the President of Malta : a study into the powers of the President of Malta along the times

Abstract

Purpose: The aim of this study was to analyse the powers and prerogatives of The President of Malta, and whether these do suffice or not in a modern Constitutional Republic such as ours. The appointment process; both pre, and after the 2020 reforms was also studied. The research also examined whether the Presidential powers have evolved along the years, mainly from a constitutional perspective. A comparison with other non-executive Presidents in Europe is also presented. The dissertation further delved into the relevant Venice Commission reports and the reforms that followed. It examined the powers that were previously in the hands of the Prime Minister and that have now been delegated to The President, especially in the appointment of the members of the judiciary. These were analysed in perspective of the rule of law and separation of powers. Methodology: The objectives of this study were achieved through desktop research, as well as discussions with individuals who had relevant first-hand experience. Already available data was used. These included published material, articles and documents, and other researched reports. These were analysed to address the issue under scrutiny in this study. Findings and Conclusion: Findings indicate that Malta had a Head of State who was mainly perceived as a ceremonial figurehead, but that had nonetheless instances where his intervention was crucial. The 2020 reforms have in a way expanded The President’s power and enhanced the separation of powers and independence and impartiality of our institutions, especially the law courts. However, these are not enough and should be further widened, at least in line with other non-executive Presidents in Europe.