Mar
25

Re-Opening of Judicial Entities not Operating from the Building of the Court

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The Closure of Courts of Justice (Amendment) Order, LN 97 of 2020, has limited the definition of 'Court' as previously considered in LN 65 of 2020 (also amended by LN 84 of 2020) to only consider Superior and Inferior Courts, irrespective of their competence or jurisdiction and tribunals, boards, commissions, committees or other entities which operate from the building of the Courts of Justice before which any proceedings are heard or procedures undertaken which are subject to legal, judicial or administrative time limits for the filing of acts. This effectively m...
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  1683 Hits
1683 Hits
Mar
23

European Court of Human Rights is Taking Exceptional Measures

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  The Registrar of the Court has issued a press release dated 16 March 2020 announcing exceptional measures that the Court has put in place. The Press Release states: "The European Court of Human Rights is taking a number of exceptional measures to respond to the unprecedented global health crisis, having regard to the recent decisions of the French authorities and the Council of Europe. The Court's essential activities will in principle be maintained and especially the handling of priority cases. For that purpose, teleworking has been put in place within the...
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  2007 Hits
2007 Hits
Mar
18

Court Closure and Suspension of Legal Terms

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On the 13 th of March 2020, as a precautionary measure against the spread of the COVID-19 virus, the Superintendent of Public Health, being the person legally responsible for public health in Malta, has, through the publication of Legal Notice 65 of 2020 , ordered the closure of the Courts of Malta as well as the Court Registry for an indefinite term commencing on the 16 th of March 2020. In an attempt to limit the possibly hazardous and unnecessary gathering of large groups of persons, this order establishes the closure of all courts, regardless of their competen...
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  2433 Hits
2433 Hits
Nov
01

Court Decides that Act XXVII of 2018 Balances the Rights of the Owners and Tenants

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The article was written by Dr. Kirk Brincau and Dr. Matthew Cutajar. Civil Court, First Hall (Constitutional Jurisdiction), Gerald Camilleri et vs Advocate General et, 31 st October 2019 Gerald Camilleri and his wife (the 'applicants') purchased a property in Sliema which is regulated under the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta and which is tenanted by third parties having a title of lease by virtue of a previous title of emphyteusis. The applicants initiated proceedings in front of the First Hall, Civil Court (Constitutional Jurisdic...
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  3044 Hits
3044 Hits
Feb
20

Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional

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In the case 'Michael Zammit v. Kontrollur tad-Dwana et ' decided on the 8 th 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...
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  2783 Hits
2783 Hits