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Corporate & Commercial

The Right to a Fair Hearing in Consumer Law Proceedings

This article is written by Dr. Annalies Muscat On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.On the 18th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision…
Annalies Muscat
18th December 2019
Litigation & Dispute Resolution

Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional

In the case 'Michael Zammit v. Kontrollur tad-Dwana et'decided on the 8th February 2019, the First Hall of the Civil Court (Constitutional Jurisdiction) found that Articles 68 and 72(4) of Chapter 37 of the Laws of Malta (Customs Ordinance), together with Article 16A of Chapter 382 of the Laws of Malta (Excise Duty Act), are in breach of Article 1 of Protocol 1 of the European Convention of Human Rights and Article 37 of the Constitution of Malta (the right to property). It also found that Articles 72 and 73 of Chapter 37 of the Laws of Malta (Customs Ordinance),…
Michael E. Camilleri
20th February 2019
Litigation & Dispute Resolution

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had the right…
Michael E. Camilleri
14th December 2018
Litigation & Dispute Resolution

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had the right…
Michael E. Camilleri
14th December 2018
Corporate & Commercial

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat
18th October 2018
Corporate & Commercial

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat
18th October 2018