[…]
In accordance with your letter dated 23rd February 2018 and following the opinion of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights, I have the honour to submit to you the list of three candidates in respect of Malta.
With reference to the national selection process, the Ministry for Justice, Culture and Local Government has informed that:
In line with the Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights, an open and public call was launched. The eligibility and selection criteria required for this post were issued in Government Gazette number 20,096 and in a local newspaper. A Selection Committee was also set up at national level in order to assess applicants for this post. This Selection Committee was composed of: a former Judge acting as the Chairperson of the Committee; the Permanent Secretary under whose remit matters dealing with Justice largely fall; and a lawyer of recognised competence.
A total of five applicants applied for this post. One application was received after the expiration of the due deadline. In line with the call for applications, this application was automatically considered to be ineligible. The other four applicants, were called in for in camera viva voce interviews. Following such interviews, the Committee was of the opinion that all the four applicants were suitable to be candidates for the post of Judge to the ECtHR.
Having said that, after taking into account all the established criteria applicable to the selection process as well as the aptitude, academic background, practical court experience and other relevant qualities of each applicant, the Committee suggested that the following three candidates – being shown in alphabetical order hereunder – be nominated on Malta’s behalf and duly communicated to the Parliamentary Assembly of the Council of Europe, through the Permanent Representation of Malta to the Council of Europe, in Strasbourg:
[…]
Name, forename: Buttigieg, Victoria
Sex: Female
Date and Place of birth: 28th November 1976, Malta
Nationality: Maltese
As from the 1st August 2012, as the Assistant Attorney General within the Office of the Attorney General, I head the Civil, Administrative and Constitutional Law Unit within the Office. One of my main activities as Assistant Attorney General is to plead constitutional cases that are instituted against the State and these range from alleged violation of property rights, fair hearing, right to privacy, freedom of expression, freedom of association, right to life, protection against inhuman and degrading treatment amongst others. As head of unit I also take on those cases that are very high profile or which concern issues that have not yet been constitutionally or conventionally tested. I also follow those constitutional cases where an alleged violation of the European Union Charter is alleged or where a combination of various violations in terms of Malta’s international obligations are concerned. It is to be pointed out that my contribution in this field at the Office started when I joined the Office of the Attorney General and, therefore, I have been active in this field for the past twelve years.
As head of unit, I monitor and supervise pleadings, as well as discuss those constitutional cases that I assign to other legal officers within the unit.
The Attorney General acts as the Agent that pleads on behalf of Malta in front of the European Court of Human Rights. As Assistant Attorney General, I draft all the replies to be transmitted to the Registry of the said court and I also make sure that Malta’s replies are uploaded on the Malta web page of the European Court of Human Rights. I follow all the cases instituted against Malta before the European Court of Human Rights from beginning to end, that is, as I indicated I draft all the submissions, transmit to the Court all the information requested, draft unilateral declaration in those cases that such unilateral declaration is called for, I also follow the execution of all the judgments of the Court. Thus, whenever a judgment is delivered against Malta, I make sure that the monetary compensation awarded by the Court is settled by Malta within the timeframes given. Following the settlement of the said amounts, I inform the Department of Just Satisfaction that payment was effected in accordance with the judgment of the Court. I also draft the action plans and action reports evidencing execution of the Court judgments and all the measures both individual and general measures that are taken by Malta in order to execute such judgments. To this end, I work closely with the Department of Execution of Judgments in order to obtain the publication of action reports for the Committee of Ministers to consider in order to pass a resolution to declare that the judgment was properly executed.
I also draft submissions relative to cases instituted against Malta before the UN Human Rights Committee.
I also follow those cases instituted in terms of Article 6 of the European Convention Act (Chapter 319 of the Laws of Malta), where following a judgment of the Court, an applicant requests execution of that judgment before the Constitutional Court.
During the period that I have taken up the post of Assistant Attorney General, I organised two visits to Malta by officials from the Department of Execution of Judgments which has proved vital in order to close a number of pending executions.
I also vet legislation that is drafted by various Ministries in order to make sure that it is consonant with the human rights protections afforded by the Constitution of Malta, European Convention and the Charter.
I also act as the national liaison officer of Malta for the Fundamental Rights Agency. I attend the NLO meetings that are organised by the Agency, as well as conferences and seminars. As NLO, I also transmit information requested by the Agency and assist the Agency in the nomination of national experts as requested.
I regularly attend the meetings of the Steering Committee for Human Rights (CDDH) in Strasbourg which committee is composed of experts from each contracting state and conducts the intergovernmental work of the Council of Europe in the human rights field.
I was also part of the team representing Malta during the 2013 Malta UN Universal Periodic Review that took place in Geneva, Switzerland.
I never held an elected post/post in a political party or movement.
I am a member on the Committee for Advocates and Legal Procurators set up in terms of Article 3 of the Commission for the Administration of Justice Act (Chapter 369 of the Laws of Malta).
I am regularly appointed as Acting Attorney General whenever the Attorney General is away from Malta or when for some other reason cannot fulfil the functions of Attorney General.
While serving as Acting Attorney General and on those occasions when the Attorney General abstained, I sat on the Judicial Appointments Committee set up in terms of Article 96A of the Constitution of Malta.
I have acted as a reviewer in the peer review of Belgium in the second cycle on the implementation of Chapter II – preventive measures and Chapter V – asset recovery of the UN Convention against Corruption.
I have also participated in various reviews of Malta conducted by international organizations including Moneyval, UNCAC, CPC and Venice Commission.
On occasions, I act as member on the Board of Examiners of thesis/dissertations submitted by the law students at the Faculty of Laws, University of Malta.
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I confirm that if I do not meet the level of language proficiency required for the post of judge in an official language, I will follow intensive language classes as required.
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I confirm that if elected a judge of the Court I will take up permanent residence in Strasbourg.
Name, forename: Lofaro, Abigail
Sex: Female
Date and place of birth: 16 September 1961, Malta
Nationality/ies: Maltese
Education
Academic Qualifications
Judicial activities
In May 2004, I was appointed by the Deputy Prime Minister as a Board of Inquiry (acting as a single person), in accordance with the Inquiries Act, to examine the entire process which led to the deportation of Eritrean nationals from Malta in September/October 2002. In accordance with my terms of reference, I examined various witnesses and several documents which were exhibited. I submitted my report to the Deputy Prime Minister in September 2004.
Since 2003, I am a Member of the Association of Members of the Judiciary of Malta.
President of the European Association of Labour Court Judges (EALCJ) 2011 – 2012
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Name, forename: Schembri Orland, Lorraine
Sex: Female
Date and place of birth: June 21, 1959, Malta
Nationality/ies: Maltese
Other:
2012- current: I currently preside over the Civil Court, First Hall which has civil competence, as well as original jurisdiction in matters of Fundamental Human Rights as guaranteed by the Maltese Constitution and by the European Convention on Human Rights. I also preside over the Civil Court (Voluntary Jurisdiction) which is competent in matters of probate, minority, interdiction and incapacitation, Guardianships, Trusts, Foundations and cross border successions.
Other posts held include membership of the following:
I no longer hold any of these positions due to my current position as a member of the Bench.
Judicial
2012 – present: Judge in the First Hall of the Civil Court of Malta which has original jurisdiction to decide on an application by any person who alleges that any of his Human Rights and Fundamental Freedoms has been, or is being, or is likely to be violated. The applicant can base his claim on the Human Rights provisions of the Maltese Constitution and/or the European Convention on Human Rights.
Amongst these:
Candidate for the Nationalist Party in the 1992 General Elections only
1992 – 1993 – Candidate for the Government of Malta for election to the UN CEDAW Committee, New York
1982 – 2000 – Legal advisor, founder member, executive member or President of the various NGO’s above listed
Malta Chamber of Advocates
Conseil International des Femmes (CIF) Paris
National Council of Women (Malta)
Only as a candidate in 1992
I currently hold none of the above positions nor am I engaged in any of the above activities
Judicial Fellow in the International Academy of Family Lawyers (IAFL)
Papers Read and/or Published
Various articles on the printed media, and public debates concerning gender issues and family law.
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I consider that I do meet the level of linguistic proficiency required in both English and French. If necessary, I am certainly willing to further improve my skills in the French language by attending intensive language classes.
I am married to George Schembri Orland, (date of marriage – 18th June 1983) and have one adult son, Kevin.
I do confirm that I will take up permanent residence in Strasbourg if elected a Judge on the Court.