Government considering further extension to judiciary retirement age

The government is actively weighing the possibility of extending the judiciary’s retirement age from the current 68 to 70, with informal discussions already underway.

While no final decision has been reached, sources indicate that if approved, the change could be enacted before Parliament’s summer recess.

Under the Maltese Constitution, any alteration to the retirement age for judges and magistrates requires a two-thirds parliamentary majority—meaning the Opposition’s support is essential for the reform to pass.

Justice Minister Jonathan Attard did not respond to questions regarding the government’s stance. However, it is understood that Prime Minister Robert Abela will make the final decision.

Currently, members of the judiciary must retire at 65. However, a constitutional amendment in November 2020 allows them to remain in office until the age of 68.

That change followed the retirement of Chief Justice Joseph Azzopardi at 65, after which he was appointed Standards Commissioner.

Should the new proposal be adopted, judges and magistrates would be permitted to continue serving until 70.

Retirement ages for judges vary across the European Union, with the average set at 67.

However, legal sources, including veteran lawyers and retired judges, have told The Shift they believe the current threshold is appropriate and should not be extended further.

Although the judiciary as an institution is not actively seeking reform, it is understood that several sitting judges nearing retirement age are privately supportive of the proposed change, which would allow them to keep their role for an additional two years.

Five judges are approaching the age of 68 in the coming months: Toni Abela, Anna Felice, Grezzju Mercieca, Giannino Caruana Demajo, and Chief Justice Mark Chetcuti. The last two are due to retire in February.

Judges currently earn an annual package of €110,000, while magistrates receive €100,000. Upon retirement, they are granted a second pension, in addition to their national insurance entitlement.

This additional pension is equivalent to two-thirds of a sitting judge’s basic salary and, unlike standard pensions, is uncapped.

Only members of parliament and permanent secretaries are entitled to similar post-retirement benefits.