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Government Proposes Constitutional Reform to Keep Auditor General in Post During Vacancy Periods

Bill aims to prevent institutional gaps by allowing incumbents to continue serving until successors are appointed

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Luke Farrugia&Maria Vella

The Government has proposed constitutional amendments to ensure the Auditor General and Deputy Auditor General remain in post until successors are appointed if agreement cannot be reached. The reform, scheduled for parliamentary discussion Wednesday, aligns these offices with the existing framework governing the Chief Justice and aims to prevent institutional vacancies.

Government Proposes Constitutional Reform to Keep Auditor General in Post During Vacancy Periods

The Government has tabled a bill proposing constitutional amendments designed to ensure that the Auditor General and Deputy Auditor General remain in their posts until successors are appointed, even if political agreement on new appointments cannot be reached [1].

Under the proposed changes, current office holders would continue serving in the absence of consensus on new appointments, aligning the system with the existing framework that already governs the Chief Justice [1]. The reform addresses a structural vulnerability that could leave these crucial positions vacant during periods of political disagreement.

The amendments extend to both the Auditor General and Deputy Auditor General roles, bringing them into line with other constitutional offices [1]. Where a parliamentary resolution is either not presented or fails to secure the required two-thirds majority needed for appointment, the incumbents would remain in their positions until the necessary approval is obtained [1].

According to the Government, this reform is designed to preserve the effective operation of the Auditor General's office, which plays a central role in scrutinising state activity [1]. The office's uninterrupted functioning is considered essential to institutional health, ensuring continuity in key responsibilities including participation in important committees, particularly those related to judicial appointments [1].

"This measure is intended to safeguard the legality and uninterrupted functioning of the Office of the Attorney General," the Government stated [1].

The bill reflects proposals first put forward earlier last year and is scheduled for discussion in Parliament on Wednesday, following agreement with the Opposition [1]. The timing suggests a cross-party consensus on the need to prevent institutional paralysis in critical constitutional offices.

The proposed amendment represents a practical solution to ensure Malta's key oversight institutions remain operational during periods when political consensus on appointments proves difficult to achieve, protecting the independence and continuity of constitutional bodies that are fundamental to democratic governance.

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