Ligi Ippjanar

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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13. 07
2025

When Planning Law Changed the Rules of the Game

One of the longest-standing barriers in Maltese administrative law has been the requirement of interess ġuridiku—juridical interest. Under this doctrine, only a person whose legal rights are directly affected by an administrative decision may bring a challenge before the courts. The claimant must demonstrate a tangible stake in the outcome: either a personal right infringed […]
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12. 07
2025

Floating Coffins: A Warning to Local Plans Gone Wrong

When coffins were swept through storm drains in Qormi during a catastrophic flood, the nation was horrified. The imagery was unforgettable, the media coverage sensational, and the shock public. But behind the spectacle lay a deeper legal story—one that turned on infrastructure, planning, foresight, and ultimately, responsibility. In the case brought by Karmenu Mifsud against […]
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