This is the first volume of this comprehensive review of the Maltese legal system. The second volume, The Maltese Legal System: Constitution and Human Rights Law, comprising an examination of Maltese constitutional law followed by an introduction to Maltese human rights law, will be published separately. Next, the book describes the organization of courts, from civil courts to supreme courts, including the Constitutional Court, the Court of Appeal and the legal aid institution. Then there is the Criminal Court: few people know that there are two different courts of first instance: the Court of Magistrates as the Court of Criminal Justice and the Court of Magistrates as the Court of Criminal Investigation, and finally the jury system and the Court of Criminal Appeal. In the case of criminal law, the Maltese system follows the British “jury trial” procedure, in which the judge gives advice and decides legal questions from his or her own point of view, while a selection of randomly selected jurors decides the facts. In this regard, we also follow British procedure when it comes to ensuring that a person cannot be detained for more than 48 hours before being charged with an atrocity or crime. In the same way, someone cannot be arrested on the basis of hearsay, better expressed by Italians as âdetto del dettoâ, so this means that if someone hears something about another person, it cannot be considered sufficient evidence of that person`s arrest. As Judge Giovanni Bonello noted on the back of this book, the Maltese legal system has never had the advantage of becoming the subject of comprehensive, encyclopedic, let alone interdisciplinary, reflection and study. The Attorney General acts as the government`s attorney and legal counsel in all areas of the law. The Attorney-General holds office until the age of 60 and enjoys the same independence as members of the judiciary. The Attorney General may be removed from office only on the grounds given in respect of judges. The Attorney General also acts as guardian of Maltese laws and, therefore, guardian of the public interest. The Commission on the Administration of Justice, on the other hand, supervises the work of all courts in Malta and is headed by the President of Malta.
In addition to the President, it consists of nine members, including the President of the Supreme Court (Vice-President) and the Prosecutor General, as well as the President of the Bar Association. The Commission is also responsible for making recommendations to the Minister of Justice to improve the efficiency of the courts and is empowered to discipline lawyers and lawyers in accordance with the law. The British, who were invited to support the war against the French and then stayed, brought with them a very different legal system. Initially, the British ensured that ancient Roman law remained the Basic Law as it was practiced in Malta, reserving matters related to Malta`s security and defence. Malta follows the British parliamentary system, which is not surprising after 180 years of British rule. A minister proposes a draft law, which is then published in the Official Gazette for a first reading in Parliament. Depending on the importance of the law concerned, a white paper may or may not be published in advance. The House of Representatives then forms a committee and, after a second reading, during which members of Parliament have the opportunity to express their general opinion on the law in question, the committee phase examines each article in detail and proposes any amendments. At the end of the committee phase, the bill is sent back to Parliament for a third reading, then approved by the President of the Republic and then enters into force. Maltese law includes continental law, common law and local traditions such as the Rohan Code.
A municipal code was published in 1784[1] and replaced in 1813. [2] Maltese law has evolved over the centuries and reflects the rule of the context of the time. At present, Malta has a mixed system of codification influenced by Roman law, French law – Code Napoléon, British law – common law, European Union law, international law and customary law created by local custom.[3][4] Maltese legislation and its interpretation, the legal profession, the organisation of the courts and important aspects of jurisdiction and jurisdiction and The Extradition Act was examined in detail. In addition, with regard to the practice and functioning of the defence system in the legal system, this is carried out by several sections of the legal professions. In the case of the Maltese judicial system, the accused is defended either by a lawyer or by a prosecutor licensed to defend himself in court. At the national level, the constitution is the supreme law of the land, followed by parliamentary laws, followed by subsidiary legislation. However, as noted above, in Malta, as in all Member States, the Accession Treaty and EU regulations are legally binding and effective and must be taken into account with EU law in general. During British colonial rule, British legal influence became inevitable, so financial and corporate legislation derived from the British model. In 1964, Malta gained independence and, although British rule is gone, British legislation is often reflected in legislation passed by the House of Representatives. The Maltese Constitution reflects British constitutional principles and fundamental rights influenced by the European Convention on Human Rights and the Indian Constitution.
As a result, the European Convention on Human Rights was incorporated into domestic law in 1987. Malta also joined the European Union in 2004 and since then the acquis communautaire and all future EU regulations have overridden national legislation. The judicial system operates through the supreme and lower courts. 19 judges sit on the Supreme Court, the Court of First Instance and the Court of Appeal. First, there is a Constitutional Chamber to which requests for appeals under the Constitution or the European Convention on Human Rights, as well as requests from other courts, are referred if questions of possible violation of fundamental human rights arise. The general legal order divides the rule of law into two 2 main departments, public law and private law, the first dealing with constitutional law issues. In general private law, there are two main systems, common law and civil law. In general private law, the Maltese legal system is similar to and part of the civil law system.
The national legal order must also be seen in the context of EU law and, in particular, the Treaty of Accession. After the arrival of the British, Roman civil law was retained.