Malta: Constitutional & Administrative Law

Malta has introduced a comprehensive statutory framework specifically designed to protect adults who cannot safeguard themselves from harm, abuse, neglect or exploitation due to disability or the effects of ageing. The Protection of Adults in Situations of Vulnerability Act establishes dedicated institutions, investigative powers and protective measures while seeking to balance appropriate protection with respect for individual dignity and autonomy.

The Court of Justice of the European Union has delivered a preliminary ruling addressing whether pension rights linked to demanding occupations must account for equivalent work completed in other EU Member States. The case examines how Slovakia's social security institution handled an underground miner's cross-border employment history when assessing eligibility for occupational pension advantages, raising fundamental questions about the practical application of EU social security coordination rules.

The Civil Court, First Hall (Constitutional Jurisdiction), in the judgment Phoenix Payments Limited (now Lazarus Long Limited) v the Malta Financial Services Authority and the State Advocate...

The case Alexander Vella et al. (the "Plaintiffs") vs. L-Avukat ta L-Istat u Joseph Grima (the "Defendants") was brought before the Constitutional Court (the "Court") on 18th November 2024.

Malta by virtue of it being part of the United Nations and its constitution, provides protection against discrimination.

Over the past few months the topic of extradition has been a very topical one and this has led to discussions on amendments to the applicable legislation in Malta.

Certain provisions of the Code of Organisation and Civil Procedure, Chapter 12 of the laws of Malta ("COCP") have recently been amended by means of Act XXXII of 2021 (the "Act").

An important aspect of the Malta Flag registration, particularly for yachts, is the option for individual citizens to register their vessels in their own personal name if they hold a valid EU, EEA or Swiss passport.

Following a series of constitutional cases involving the Financial Intelligence and Analysis Unit ("FIAU") whereby subject persons were alleging that the fines being imposed were disproportionate...