Two judges out as the government refuses holistic reform

Two senior Judges, former Labour Deputy Leader Toni Abela and Justice Anna Felice, will retire from the Bench this week following a failed reform that the government had intended to push forward without consultation.

The controversial deputy of disgraced former prime minister Joseph Muscat, appointed Judge in 2016 after failing to become a member of the European Court of Auditors (ECA), will turn 68 this week (2 July), reaching the obligatory retirement age.

Despite the scepticism when he was first appointed, similar to his other former PL colleague, Wenzu Mintoff, the pair are considered by their peers to have generally risen above partisan politics and their own political biases, serving the Bench judiciously and impartially.

Anna Felice, a Judge since 2006 appointed under a PN administration, will also retire later in the week.

Last May, The Shift revealed how the government was preparing to increase the retirement age of the judiciary by a further two years to 70.

However, the government ultimately derailed the reform, as Robert Abela, despite knowing that such changes required Opposition consensus, remained obstinate, rejecting their suggestions and opting instead to force through his own proposals.

The government chose to include the increase in retirement age of Judges in a Bill that included other amendments to the Constitution, such as the introduction of a Judiciary Standards Commissioner –  a move that legal experts harshly criticised.

Meanwhile, the Opposition stated that it wanted a broader discussion on a much-needed holistic change in the judicial system. It invited the government to discuss a comprehensive reform by the start of summer.

Rejecting the suggestion, Prime Minister Robert Abela stood firm in his position and instructed Justice Minister Jonathan Attard to proceed with the amendments.

This led to a counterproductive result, as the proposed increase in retirement age did not receive the required support. This means that by February, five Judges will be retiring from the Bench.

Apart from Abela and Felice, Judge Grazio Mercieca will retire in November, and Chief Justice Mark Chetcuti and Justice Giannino Caruana Demajo will retire in February 2026.

This will also mean that the justice system will continue to slow down further in the coming months until five new Judges are appointed.

Currently, members of the Judiciary must retire at 68, although they can retire on a full pension as early as 65.

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

Judges currently earn an annual package of €110,000, while Magistrates receive €100,000.

Like politicians, when they retire, members of the Judiciary are granted a second pension, uncapped and tied to the actual salary of a sitting Judge or magistrate, in addition to their national insurance pension.