Prime Minister Robert Abela’s decision on two controversial nominations for the few top EU jobs Malta is eligible for might come back to haunt him.

Both Glenn Micallef, the commissioner designate for the EU executive, and former minister Edward Zammit Lewis, kicked upstairs to become a Judge in the European Court of Justice (ECJ), now face the actual test.

While the 35-year-old Micallef will face the European Parliament’s Culture and Education Committee, in which MEPs will test his competence on the subjects he has been assigned, Zammit Lewis will have to face experts, including former EU judges, on his competence for the highly lucrative job.

EU sources told The Shift that while separate forums may reject both of Abela’s nominees, the possibility of Glenn Micallef making it is much higher than that of Zammit Lewis.

Glenn Micallef and Intergenerational Fairness

As expected, Commission President Ursula von der Leyen assigned Glenn Micallef, who is considered in Brussels to be very inexperienced as a Commissioner, an insignificant portfolio.

The portfolio assigned to Micallef of Intergenerational Fairness is one that was newly created. He was also given responsibility for culture, sport, and youth, in which the EU has little competence.

Although Brussels considers this a political snub to Abela, who defied Ursula von der Leyen by refusing to change his nominee, multiple EU insiders told The Shift that it might work in Micallef’s favour.

“No matter how the prime minister wants to hype Micallef’s assignment, it’s one of the worst portfolios Malta was ever assigned since its EU accession. This insignificance might help Micallef pass the grilling,” a veteran EU insider told The Shift.

Malta’s Glenn Micallef gets the ‘Intergenerational Fairness’ portfolio.

“Since this is a package, and the Commission is approved as a whole, political groups might have their eyes on bigger fish (nominees) to fry and score political points. This might help Micallef stay under the radar and get through with little difficulty,” they said.

On paper, Commissioners’ designates are tested on their competence, but in reality, MEPs, as divided into political groups, target one or two heavyweights according to their political family to reject. This has already happened, as in every five-year grilling session, two to three designated commissioners were sent home.

“Since Micallef is relatively unknown and has an unimportant portfolio which does not make any significant difference to the EU, he might escape unnoticed. Still, he needs to make a good showing during the grilling. But his hurdle is quite low due to his less important assignment,” an experienced MEP told The Shift.

According to Brussels-based Politico, Micallef may be one of the nominees to be chopped together with Hungary, Slovenia, Belgium, and Bulgaria. Still, Micallef might make it.

More trouble for Edward Zammit Lewis

Zammit Lewis faces a tougher battle due to his past as part of the coterie of disgraced former prime minister Joseph Muscat.

His grilling process is also different as it is less political and more technical.

According to the rules, Zammit Lewis will also have to appear next month before the Article 255 Committee, which comprises experts, usually former Judges of the European Court of Justice.

The bar is very high, and experts think the former justice minister will likely be rejected.

Apart from his embarrassing political baggage, Zammit Lewis’ command of the French language, a must in the Luxembourg court, leaves much to be desired.

Experts told The Shift that, at first glance, it appears that Zammit Lewis is not fit and proper to become a Judge. He lacks experience in the area, is not very knowledgeable about EU law and its intricacies, and has a minimal track record of competence in the field.

The sources noted that the same committee had previously rejected much more competent Maltese candidates, including veteran Judge Joseph Filletti and former Chief Justice Silvio Camilleri.

“With such political baggage, particularly on Malta’s failure to uphold the rule of law during his ministerial tenure, and his limited technical acumen, we find it hard to see how Zammit Lewis could make it,” the sources said.

At the same time, they cautioned that political manoeuvres and horse trading are not excluded even in the ECJ corridors.

The government selected Zammit Lewis following a call in which Veronique Dalli, sister of Minister Miriam Dalli, and Jacques Rene Zammit, a former EU law lecturer with over 20 years of experience working in the field at the Court of Justice in Luxembourg, also participated.