Law Blog

02. 05
2025

Whether a road is schemed or not does not depend on a local plan

Can a road that was once legally schemed under the planning regime lose its status simply because it no longer appears in blue on a Local Plan map? That was the central question addressed by the Court of Appeal (Inferior Jurisdiction), presided over by Chief Justice Mark Chetcuti, in Scicluna Enterprises (Gozo) Ltd vs Planning […]
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30. 04
2025

From Rottmann to Malta and the ECJ’s New Citizenship Doctrine

This is not a partisan argument. It does not take sides in Malta’s polarised political debate. It is not a defence of the citizenship-by-investment scheme or of those who supported it, and it is not an attack on those who opposed it. The sale of citizenship raises serious and complex issues, and reasonable people can […]
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26. 04
2025

The ‘Tinkwarda Tajjeb’ Test in Planning Law

Maltese planning law is rich in instruments, guidelines, and strategic objectives. But sometimes, it is the phraseology of a single Tribunal decision that captures a deeper truth about how policy should work. One such expression recently caught my attention: “…il-pern tal-appell hija l-applikazzjoni korretta tal-Policy P6. Dan anke ghaliex din tinkwarda tajjeb mal-objettiv urban 2.4 […]
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25. 04
2025

Discrimination in Development Planning

One of the most persistent grievances voiced by those who come into contact with the Planning Authority—whether as architects, developers, or ordinary landowners—is the sense of unequal treatment. “The one across the road got a permit, and I didn’t—how is that not discrimination? I am more than willing to go straight to Europe.” It is […]
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21. 04
2025

Perit’s Voluntary Assumption of Responsibility

The responsibilities of periti often include project design, providing clear and detailed instructions, periodic professional oversight, and ensuring regular, documented communication and feedback loops with contractors. These activities form integral components of effective risk management. Still, continuous, detailed on-site supervision generally falls outside a perit’s responsibilities. Having said this, Maltese law does not explicitly exempt […]
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19. 04
2025

Pinpointing a Planning Policy without Warning

Maltese courts have consistently affirmed that the EPRT must diligently consider all relevant legal arguments and applicable planning policies presented by the parties involved. In turn, proper adherence to these policies is fundamental to maintaining the tribunal’s credibility and legitimacy. By contrast, misapplication or neglect of these policies constitutes a significant legal breach. For example, […]
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