The Public Service Commission in Malta : an analysis of its origin, functions and regulations

Abstract

Since the sixteenth century, public administration has been a major determining factor within the political landscape, social infrastructure and the economy of Malta, as well as being itself subject to political patronage and manipulation. Thus in common with other former British colonies and dominions, a Public Service Commission was established in Malta as early as 1938 to regulate recruitment, promotion and disciplinary control of civil service employees. This study outlines the developments which led to the establishment of a PSC for the first time in 1938 as well as the events which influenced its functions prior to and following Malta's Independence. Meant to be an apolitical Constitutional Body, the Public Service Commission is entrenched in the Constitution of Malta. Comparative references situate local developments in the framework of international practice and institutions in this branch of Administrative Law. The dissertation then proceeds to examine the main elements of the Commission's statutory, namely appointments and disciplinary control within the public service. The study assesses the need to adapt such administrative institutions and practices to contemporary legal (and managerial) developments, and to conform them with fundamental rights and freedoms, so as to ensure that the Commission effectively safeguards the rights of public officers.