THE CONSTITUTIONAL ROLE OF THE PUBLIC
SERVICE COMMISSION
Constitutional Role
The Public Service Commission is an independent body established
by section 109 of the Constitution of Malta. Its primary role
is to give advice and to make recommendations to the Prime
Minister in the making of appointments to public offices,
in the removal of persons from such offices and in the exercise
of disciplinary control over public officers.
The Commission derives its authority and functions from sections
86, 92, 109, 110, 111, 112, 114, 115 and 121 of the Constitution
of Malta.
In terms of section 115 of the Constitution, the Public Service
Commission is protected from legal proceedings in the sense
that the question of whether the Commission has validly performed
any functions vested in it by the Constitution cannot be enquired
into in any Court of Law.
The Commission interprets its role to mean that it has a
duty to ensure that recruitment into and all promotions or
appointments within the public service are made in an equitable
and impartial manner; are free from patronage and discrimination
and are based on the principle of merit. It is also the duty
of the Commission to ensure that disciplinary action against
public officers is fair, prompt and effective.
