A critical analysis of the 2020 constitutional amendments vis-à-vis the Venice Commission recommendations

Abstract

The Venice Commission Opinion 940/2018 put forward several proposals and highlighted several shortcomings of the Constitution with particular importance given to the Rule of Law and the Separation of Powers. Following this, the Maltese Government set out to listen, cooperate and propose reforms that would bring Malta in conformity with European Standards. This paper will first seek to analyse the 2018 Opinion Report by critically understanding the rationale behind the proposals, whilst also analysing their feasibility. The second chapter will then delve into the 2020 Constitutional Amendments passed in June 2020 through understanding their rationale, whilst also pointing out potential shortcomings and possible judicial inroads. Lastly, the final chapter will compare the 2018 Opinion Report to the passed amendments referring to the 2020 Opinion Report which analysed the proposals put forward by the Maltese Government. In the concluding remarks, the paper proposes a more holistic and continuous politico-legal discussion on Constitutional Reform to ensure a strong rule of law and separation of powers in Malta.