Said v Commissioner of Police and the role of the administrative review tribunal as a forum for review of administrative action

Abstract

Under Maltese law, judicial review of administrative action is carried out by the First Hall of the Civil Court. Such an action for judicial review is regulated by Article 469A of the Code of Organisation and Civil Procedure (hereinafter ‘COCP’). Where a right of appeal from an administrative decision exists, an action under Article 469A COCP is excluded, because the appeal amounts to a ‘review’ in itself. Where specifically stated in the law, such an appeal is to be lodged before the Administrative Review Tribunal (hereinafter ‘ART’), set up under the Administrative Justice Act. Thus, for example, if Transport Malta refuses an application for a licence, the applicant has a right of appeal to the ART, granted by Article 40 of the Authority for Transport in Malta Act. In Johann Said v Commissioner of Police, the Court of Appeal held that the ART enjoys a general right of review of administrative action. The Commissioner of Police’s pleas to the contrary proved unsuccessful. In the author’s opinion, the Commissioner of Police was right to contest the jurisdiction of the ART, because contrary to what was stated and subsequently confirmed by the Court of Appeal, the ART does not enjoy a general right of review of administrative acts, but only enjoys a right to review by way of appeal, where the law specifically and explicitly states as much.