Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 23C

Official PDF on legislation.mt

23C. (1) Notwithstanding anything contained in any other law, wherever any law or regulations c onfer power on a Minister to a ppoint persons to preside over any administrative tribunal included in the Third Schedule, that power shall, instead of being exercised by the Minister, be exercised by the President of Malta acting on the advice of the Commission. (2) The Commission shall give such advice following a public call for applications and a competitive, merit-based process, w hich may include interviews and an assessment of the candidates’ professional experience, technical or sectoral competence, inte grity, independence and impartiality. (3) The Commission shall not advise in favour of the appointment of a person unless it is satisfied that such person : (a) has integrity and a good reputation; (b) has adequate competence and experience in the relevant field; (c) is capable of acting independently and impartially; and (d) is free from any conflict of interest which may affect, or appear to affect, the proper exercise of his functions. (4) Upon completing its evaluation, the Commission shall submit to the President of Malta the name of the person whom it consid ers suitable for appointment. 12 [CAP. 490. ADMINISTRATIVE JUSTICE (5) Upon transmitting the name referred to in sub-article (4), the Commission shall publish the name of the person recommended for appointment. Guarantees of independence.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.