Law Blog

14. 07
2025

Parliament Means What It Says—Not What It Debates

There is something refreshingly radical in the idea that laws mean what they say. Not what was uttered in some speech during second reading, not what may be uncovered in explanatory notes or interpretive acrobatics—but what is actually written, in black and white, and assented to by the President. That is the law. And if […]
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13. 07
2025

The Optimal Rule-of-Law-Compliant Response to EPRT Legal Errors

Every constitutional lawyer agrees that judicial review is a supervisory jurisdiction, not a merits-based appeal. This means that the court of appeal (in its inferior jurisdiction) is  there to ensure that the Environment and Planning Review Tribunal (EPRT) acts within the limits of the law and not to decide whether an administrative permit should be […]
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13. 07
2025

Only Wednesbury reasonableness can ensure lawful policy discretion

Should planning policies be applied strictly, or can decision-makers legitimately depart from them where context demands? The truth of the matter is that courts and tribunals have long recognised that policies may allow for discretion. The recent Court of Appeal decision in Moira Kuijt v Planning Authority (App. No. 35/2024, 27 November 2024) comes to […]
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13. 07
2025

On the Limits of Challenging Planning Permits

A recurring legal issue is the mistaken belief that an appeal before the Environment and Planning Review Tribunal (EPRT) from a permission granted following a full development application can serve as a tool to revoke that same permit on the basis of alleged false declarations. Maltese planning law makes a clear procedural distinction between, on […]
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