The disciplinary procedure under the public service commission regulations : an analysis of its adherence to the application of the right to a fair hearing

Abstract

The Public Service Commission's Disciplinary Procedure has been challenged both locally, before the Civil and Constitutional Courts, as well as before the European Court of Human Rights. This dissertation analyses whether this procedure conforms with the right to a fair hearing protected by virtue of Article 6 of the European Convention on Human Rights. In order to do so, it revisits judgments from local and European courts dealing with definitions and interpretations of tribunals, a judicial function, and important elements of legality, including access to court, independence, and impartiality. Particular attention is drawn to the recent European Court of Human Right’s judgment against Malta, Grace Gatt v Malta, which found that aspects of the Disciplinary Procedure were, in fact, in violation of the right to a fair hearing. This study evaluates this judgment in detail and looks at the amendments carried out to the regulations concerning these proceedings as a result of this judgment. By doing so, it sheds light on the sufficiency (or lack thereof) of such amendments and puts forward recommendations for further amendments required to completely satisfy the requirements of this article.