Malta's courts and legal system
Malta's courts have a defined structure, the Constitution has a defined role, and Maltese legislation is published. Appeals follow set routes, and judges are distinct from other dispute-resolution offices.
The judiciary and the Constitution
Malta's Constitution places the judiciary alongside the Legislature and the Executive as a pillar of the state. Chapter VIII addresses the judiciary, with separate provisions for Superior Courts, Inferior Courts and magistrates. The Constitution states that it prevails over inconsistent law, subject to specified provisions.[3]
In Malta, the term Judiciary has a specific meaning. It refers collectively to judges and magistrates appointed under the Constitution to preside over Superior or Lower Courts. The wider system also includes tribunals and other offices, such as Commissioners for Justice, Small Claims Tribunal adjudicators and arbitrators. Those roles are part of the general judicial system but fall outside the constitutional definition of the Judiciary.[3]
The Constitution provides for a Judicial Appointments Committee. It recommends appointments of judges of the Superior Courts, and members of the Judiciary are appointed by the President on the Committee's recommendation. The constitutional provisions also address magistrates and appointments to Inferior Courts.[3]
Court levels and appeal routes
Malta's constitutional structure distinguishes Superior Courts from Inferior Courts. The Constitution leaves the powers and jurisdiction of Superior Courts to be provided by Maltese law. It identifies the Constitutional Court as one of the Superior Courts and defines constitutional matters within its jurisdiction.[4]
The Constitutional Court is composed of three judges, as provided for the Court of Appeal under Maltese law. Its specified work includes constitutional questions and appeals from decisions of courts of original jurisdiction about constitutional interpretation or the validity of laws. The Constitution also provides for appeals from specified Civil Court, First Hall decisions.[4]
The Constitution describes particular appeal paths, not a single route for every matter. A claim concerning rights in the specified constitutional articles may be heard originally by the Civil Court, First Hall, and the Constitution provides an appeal from that court to the Constitutional Court. For certain constitutional questions arising in other proceedings, a court may refer the question to the First Hall; the constitutional provision also allows an appeal from its decision.[4]
Legal framework and published legislation
Malta's legal tradition is mixed rather than purely common law or civil law. The Constitution establishes court categories and assigns jurisdiction, while other Maltese laws may provide court powers and jurisdiction.
The Constitution specifies Maltese as the language of the courts. It allows Parliament to make provision for English in cases and under conditions it prescribes.[4]
Maltese legislation is published on the LEĠIŻLAZZJONI MALTA site, which has sections for Chapters of the Laws of Malta, legal publications, consolidated laws and European Union laws.[2]
Related reading
For trust law, see Malta's Trusts and Trustees Act, which covers Malta's trust statute. Trust types and roles under Malta law describes trust forms and roles, while Malta rules for trustees and fiduciaries covers trustee and fiduciary regulation. For the U.S. reporting context, see Malta reporting frameworks and U.S. trust forms and Malta trusts and U.S. reporting requirements.
Questions and answers
Which courts are described as superior in Malta's Constitution?
The Constitution provides for Superior Courts and names the Constitutional Court as one of them. It separates these from Inferior Courts, which have their own constitutional provisions.[4]
How many judges compose Malta's Constitutional Court?
The Constitution describes the Constitutional Court as composed of three judges. Its jurisdiction includes specified constitutional questions and appeals.[4]
What appeal route does the Constitution describe for constitutional questions?
Specified appeals from the Civil Court, First Hall, go to the Constitutional Court. Its jurisdiction also includes appeals concerning constitutional interpretation and validity of laws from courts of original jurisdiction.[4]
Who is included in Malta's Judiciary?
Malta's Judiciary consists of judges and magistrates appointed under the Constitution. Other offices in the broader court and tribunal system, such as Commissioners for Justice and Small Claims Tribunal adjudicators, are not part of the Judiciary.[3]
What language does the Constitution specify for Maltese courts?
Maltese. Parliament may provide for English in the cases and under the conditions it prescribes.[4]
Related resources
Related glossary terms
- Beneficiary: A person who holds an entitlement under a trust, or who may receive trust property at the trustee's discretion. The term covers both forms.
Related articles and guides
- Malta reporting frameworks and U.S. trust forms: Malta's rules on financial account information exchange and trust registration, with the IRS reporting framework for U.S. citizens with foreign trusts.
- Cyprus courts and legal system structure: A structural guide for U.S. citizens to Cyprus courts, appeal levels, legal traditions and the publication of legislation, based on official descriptions.
Related pages
- Malta: overview: Start page for this jurisdiction.
- Trust legislation
- Types of trusts
- Trustee regulation and licensing
- Taxation of trusts
Sources and data notes
- Judiciary Malta, The Administration. https://judiciary.mt/en/the-administration/. Retrieved .
- Office of the State Advocate, LEĠIŻLAZZJONI MALTA. https://legislation.mt/. Retrieved .
- Judiciary Malta, The Judiciary. https://judiciary.mt/en/the-judiciary/. Retrieved .
- Legislation Malta, Constitution of Malta. https://legislation.mt/getpdf/64709c40710d004dec495c0f. Retrieved .
Dates in this block record when each source was read for this page.