A critical analysis of the function, impartiality and relevance of the employment commission as established in the Constitution of Malta

Abstract

Politics is everything and everything is politics. The word ‘politics’ is derived from the Greek word ‘polis’ which means ‘city’. Politics is public life, the life of the city, the running of the State, everything which happens around us. Politics further regulates private lives by means of legislation. In Malta, politics has been dominated for more than half a century by two political parties. The Employment Commission, which is established by the Constitution, ensures that, in respect of employment, no distinction, exclusion or preference which is not justifiable in a democratic society is made or given in favour or against any person by reason of their political opinions. In this term paper, the author delves into the nature of the right which this Commission protects, analysing several judgements and decisions thereby concluding that Article 120 creates a right in itself, based on the principles of Article 45 of the Constitution albeit independent of it. Additionally, the notion of ‘political opinions’ is thoroughly analysed. The author further discusses the powers of this Commission and the remedies it could grant. The jurisdiction of the Commission is discussed, particularly in relation to the Constitutional jurisdiction of the First Hall of the Civil Court and that of the Industrial Tribunal, concluding that the Commission has jurisdiction on the basis of Article 120(8) only and is not limited by Industrial Legislation. The Commission’s only ‘limitation’ is to ensure that an action is justifiable in a democratic society. The author also analyses the guarantees for independence and impartiality with reference to the jurisprudence of the European Court of Human Rights. In the concluding chapter, suggestions are made for possible changes in order to enhance the Commission’s position within the Maltese Legal System.