Mark Scerri

1) The process leading to the drafting of the new constitution should be a bottom-top rather than a top-down process. I would therefore suggest the convening a partly elected constitutive assembly, elected in such a way to include a much broader representation of the political spectrum than is currently represented in the House of Reps. The other members should be nominated and should represent civil society as well as prominent Constitutionalists. The constitutive assembly should be tasked with reforming the Constitution.

2) The new Constitution should guarantee the separation of power especially with respect to the executive and the legislative. Member of the cabinet should be asked to give up their place in the House of Reps.

3) The new constitution should introduce a reform of the Judiciary through the setting up of a self governing body. Judges should no longer be nominated by the government.

4) The new constitution should introduce checks and balances particularly with respect to the role of the prime minister, which should be limited to leading and managing the cabinet.

5) The new constitution should ring fence the public officers from the political appointees in the public sector.

6) The new constitution should guarantee a strict separation between the Church and the state.

7) The new constitution should reform the electoral system, removing once and for all the possibility of gerrymandering through the abolition of the electoral districts. Additionally, the current botched STV should be replaced with a proportional system with a 5% threshold as is the case in for e.g. Germany.

8) Financing of political parties by privates should be abolished and replaced by state financing.

9) Organs such as the Police Force, should be free from political interference and therefore offices such as that of the Commissioner should no longer be nominated by the government of the day.

10) The CEOs of the regulatory bodies should no longer be nominated by the government of the day but should instead be chosen through a public selection process, which includes a public grilling.

11) The neutrality clause should be scrapped or modified in such a way that it is compatible with a future European CFSP and in such a way that it does not rule out participation in a future EU army.

12) The new constitution should reinforce the supremacy of the Constitution such that there should be an explicit obligation to amend Legislation deemed in conflict with the Constitution otherwise this legislation should be struck off the statute book following the ruling by the Constitutional Court.