Advocate General Gerard Hogan of the European Court of Justice (ECJ) concluded in an opinion delivered Thursday that Malta’s judicial appointment process does not contravene EU law.

The preliminary ruling was part of ongoing proceedings before the Maltese courts, brought by pro-democracy and human rights group Repubblika. The group alleged that Malta’s current judicial appointment process, governed by Article 96 of its constitution, grants the prime minister “arbitrary discretion” and threatens judicial independence. The case was referred to the ECJ on the question of whether this process is consistent with Article 19(1) of the Treaty on European Union (TEU), read in light of Article 47 of the EU Charter of Fundamental Rights.

In a win for the Maltese government, Advocate General Hogan concluded that the TEU “does not preclude national constitutional provisions under which the executive power or one of its members, such as the prime minister, plays a role in the process of the appointment of members of the judiciary.” However, the TEU does require, at minimum, that such judges enjoy independence after appointment.

Under Article 96 of the Maltese Constitution, judges in Malta are appointed by the president acting in accordance with the advice of the prime minister. However, as noted by Hogan, “the mere fact that judges are appointed by a member of the executive does not in itself give rise to a relationship of subordination of the former to the latter or raise doubts as to the former’s impartiality, if . . . once appointed, they are free from influence or pressure when carrying out their role.”

Hogan went on to say that it would be futile to deny the role of politics in judicial appointments in many jurisdictions, but that “all of these courts have proved to be resolutely independent vis-à-vis the other branches of government.” Ultimately, what matters is that judges are free from subordination or hierarchical control by the executive or legislature, and that they enjoy financial autonomy and protection against dismissal.

In a statement made on Thursday, Repubblika renewed its commitment to democracy and expressed its wish that the ECJ’s final decision, which is expected in a few months, would better reflect the ECJ’s previous pronouncements on judicial independence.