Specialised courts
The Constitutional Court |
Second instance Appeal |
This court hears appeals concerning cases relating to alleged breaches of human rights, interpretations of the Constitution and invalidity of laws. It also has original jurisdiction to decide on questions concerning members of the House of Representatives and on any cases referred to it concerning voting for election of members of the House of Representatives. |
Presided over by the Chief Justice and two other judges |
The First Hall of the Civil Court |
First instance |
The First Hall of the Civil Court also deals with cases relating to alleged breaches of human rights and fundamental freedoms that are protected by the Constitution and by the European Convention of Human Rights and Fundamental Freedoms. |
Presided over by a judge |
Industrial Tribunal |
First instance |
This tribunal hears cases related to unfair dismissal and to discriminatory or other unlawful treatment in the workplace. |
Presided over by a chairperson |
Rent Regulation Board |
First instance |
The Rent Regulation Board hears cases related to changes in the conditions of leases, including rent increases and termination of the lease. These cases must relate to rental agreements entered into before 1 June 1995. |
Presided over by a magistrate |
Land Arbitration Board |
First instance |
The Land Arbitration Board hears cases dealing with the classification of expropriated land, the public purpose of expropriation and the amount of compensation due to the owner. |
Presided over by a magistrate |
Rural Lease Control Board |
First instance |
This Board hears cases dealing with rural leases and claims made by owners regarding termination of field lease. |
Presided over by a magistrate |
Administrative Review Tribunal |
First instance |
This tribunal has the power to review administrative acts. |
Presided over by a judge or a magistrate |
Partition of Inheritances Tribunal |
First instance |
This Tribunal hears and decides on cases related to the partition of property held in common by the heirs of a deceased person. |
Presided over by an arbitrator |
The Competition and Consumer Appeals Tribunal |
Appeal |
This Tribunal hears and settles appeals against decisions, orders or measures of the Director-General for Competition and the Director-General for Consumer Affairs. The decisions of the Tribunal are final other than in exceptional cases where appeals are permitted. Such appeals are, however, limited to points of law. |
Presided over by a judge and two members |
Court of Revision of Notarial Acts |
First instance |
This is a special court that monitors all Notaries, the Notarial Archives and the Public Registry. It has the authority to visit and inspect the Notarial Archives, the Public Registry and notaries’ offices, and to impose disciplinary sanctions. This Court also has the power to order corrections of incorrect information contained in records in the Public Registry. |
Composed of members known as Visitors |
Administrative courts
Judicial review is the process by which a decision of a government department, authority or agency may be reviewed and ultimately revoked by the courts if found to be illegal.
The action is available to anyone who is aggrieved by a governmental decision or action which concerns them. Article 469A of Chapter 12 of the Laws of Malta is the operative article granting such power to the courts. However, even in the absence of this legislative provision, judicial review may be regarded as an inherent power of the courts on the basis of the doctrine of separation of powers generally embraced by democratic states.
The ordinary courts — namely the First Hall of the Civil Court — have jurisdiction in such matters, with the right of appeal to the Court of Appeal.
The Administrative Justice Act came into effect on 1 January 2009 and provided for the setting up of the Administrative Review Tribunal. This independent and impartial tribunal reviews administrative acts referred to it by any aggrieved person and also rules on disputes that are referred to it. It is chaired by a person who holds, or has held, the office of a judge or of a magistrate in Malta. Appeals against the Tribunal's decisions can be made to the Court of Appeal.
Other special courts
The local tribunals
Local tribunals are an integral part of the judicial system in Malta. They can be seen as an extension of the courts, and deal with offences which, though of a trivial nature, can be of great nuisance to the general public. Local tribunals are presided over by a Commissioner for Justice who is appointed for a two-year period and is removed in the same manner and for the same reasons as any other magistrate. This guarantees that every citizen is given the chance to air specific grievances whilst ensuring that the fundamental principles of a fair hearing are respected. There are nine local tribunals that group together several local councils.
Legal databases
Please refer to the Maltese page “Organisation of justice in Member States - Malta”, where you will find detailed information on and links to the relevant databases.
Related Links
Ministry for Justice, Culture and Local Government
Court Services - Sentenzi Online
Court Services - Court Proceedings
Court Services - Judicial Sales by Auction
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