The Constitution of Malta and the European Convention on Human Rights protect a set of fundamental rights: personal liberty, a fair hearing within a reasonable time, private and family life, freedom of expression and religion, protection from discrimination, and the peaceful enjoyment of property, among others. When one of these rights is breached by the State or by a law, the person affected can ask the courts for a remedy.
Where the case is heard
Constitutional cases begin before the First Hall of the Civil Court in its constitutional jurisdiction. Either party may appeal to the Constitutional Court. A question of fundamental rights that arises in other proceedings, civil or criminal, may also be referred by that court for decision.
What the court can order
- A declaration that a right has been breached.
- Compensation for financial loss and for non-pecuniary damage.
- An order to end a continuing breach, or to prevent one.
After the Maltese courts
Once the remedies available in Malta have been used, an application may be made to the European Court of Human Rights in Strasbourg. The application must be lodged within four months of the final decision in Malta. This deadline is strict, and an application filed late is rejected without examination.
Cases we see most often
- Owners of property let under the old rent laws, or affected by expropriation, who received far less than market value.
- Court proceedings that have lasted for many years without a decision.
- Arrest and detention, and the denial of access to a lawyer.
- Administrative decisions on residence, licences or employment taken without a fair hearing.
This note gives general information and is not legal advice for a particular case.