Law Blog

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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20. 02
2025

Widespread implications following the Ta’ Xbiex Capitanerie court planning judgement

Under Maltese planning law, any individual or entity, including government bodies, is required to submit a planning application and obtain permission from the Planning Authority for any development. Notably, the Planning Authority itself is also subject to this requirement. A striking example of this occurred in 2019, when the Planning Authority submitted a development application […]
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17. 02
2025

Relaxing the 1.8 metre opramorta servitude rule

The Maltese Civil Code is clear: when a property has a staircase leading to an accessible roof, the owner is legally required to construct a 1.8-metre-high dividing wall to prevent overlooking and safeguard privacy. Indeed Article 427(1) of Chapter 16 states as follows: ‘The person in whose building there are stairs leading to the roof, […]
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