Law Blog

12. 03
2025

Revoking permits due to ‘Error on the face of the record’

Article 80 of Chapter 552 (the Development Planning Act) allows for the revocation of planning permissions within five years of their issuance ‘(1) The Planning Board may, only in: (a) the cases of fraud; or (b) the submission of any information, declaration or plan which is incorrect or does not reflect the situation onsite; or […]
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11. 03
2025

Why property owners turned to temporary emphyteusis

Looking back from today’s perspective, over forty years after the Housing (Decontrol) Ordinance of 1979, it is evident that what was presented as a law to “decontrol” property did not achieve what it claimed. Instead of restoring owners’ rights to recover their property, it entrenched state control and tenant protection indefinitely. To understand how this […]
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10. 03
2025

Does true constitutional oversight rest with the President?

The President of Malta occupies a unique position within the constitutional framework of the country. The prerogatives vested in the office grant the President a limited but significant capacity to act in extraordinary circumstances. There exist specific prerogatives that empower the President to act independently in constitutional crises. Specifically, Article 80 of the Constitution of […]
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08. 03
2025

Malta, EU, Ukraine and neutrality

It might be argued that Malta’s constitutional neutrality, as established in Article 1(3) of the Constitution, does not necessarily preclude participation in diplomatic mediation, humanitarian relief, or certain forms of security cooperation, as long as these do not involve direct military engagement. The constitutional provision mandates Malta to be a “neutral state actively pursuing peace, […]
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28. 02
2025

Access for all in Planning Law

Accessibility is a fundamental requirement for new development, ensuring that all individuals, not least those with disabilities, have equitable access to buildings and spaces. No doubt, this is an essential aspect of fairness and equality in urban development. However, Planning Circular 2/14 adds that “Spaces which are required to be in line with the ‘access […]
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22. 02
2025

Planning Appeals on Points of Law

Article 39 of Chapter 551 of the Laws of Malta provides as follows: ‘The decisions of the Tribunal shall be final and no appeal shall lie therefrom, except on a point of law decided by the Tribunal or on any matter relating to an alleged breach of the right of a fair hearing before the […]
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