An evaluation of the role played by the administrative review tribunal in Maltese law

Abstract

Administrative Law in Malta was highly influenced by the British tradition. Consequent to this influence, a significant number of ad hoc administrative tribunals were set up to consider appeals from various administrative decisions. This thesis explores the difficulties and disadvantages which such number of ad hoc administrative tribunals have brought. This study discusses the inception and materialisation of the idea to establish a single entity - that is the present Administrative Review Tribunal – to replace as many of the ad hoc appeals bodies as possible. Apart from highlighting the benefits which the Administrative Review Tribunal has brought, this thesis also concentrates on shortcomings of the Administrative Review Tribunal. The majority of the specialised legislative Acts dealing with particular public entities grant a right of appeal from the decisions of that same entity, either to an ad hoc administrative tribunal or to the Administrative Review Tribunal. One of the questions tackled in this dissertation, is whether appeals to the Administrative Review Tribunal are ‘appeals’ or ‘review’, and whether there is a difference between ‘appeals’ and ‘reviews’ before the same. Another matter tackled in this study is, that Article 7 of the Administrative Justice Act created an erroneous perception that the Administrative Review Tribunal is endowed with general jurisdiction to review administrative acts. This led individuals to challenge an administrative act before the Administrative Review Tribunal, even when this did not have jurisdiction. Moreover, there were instances where an individual who should have challenged an administrative act before an ad hoc administrative tribunal or before the Administrative Review Tribunal, has instead filed for judicial review by the Civil Courts. Hence, this thesis attempts to outline before which entity, an individual is to resort when he desires to challenge an administrative act. Finally, this study also discusses the ideal and most advantageous way forward in the sphere of administrative justice. It outlines the possibility of establishing an administrative court, together with its advantages.