The unconstitutional nature of property devolving on the Government of Malta following the procedure to render a company defunct Introduction On 12 October 2023, the First Hall of the Civil Court in its Constitutional Jurisdiction delivered a landmark ruling in the case Carmel Cortis et vs. Office of the Prime Minister et. Essentially, the Court held that the procedure whereby property devolves upon the Government, as part of the provisions set out in the Companies Act to render a company defunct1, is unconstitutional, draconian and disproportionate because it breaches the fundamental right to property enshrined in the Constitution and in…
Matthew Muscat19th October 2023