An analysis of act XXIV of 2021 through the elements of public purpose and proportionality

Abstract

A topical issue that has been prevalent throughout the years is Malta’s old rent laws, especially those concerning residential leases. These rent laws have been subject to various changes and scrutiny along the years both from the European Court of Human Rights (hereinafter referred to as ECtHR). Hence, another amendment has recently come into effect, Act XXIV of 2021, as a result of the previous amendment, Act XXVII of 2018 being declared yet again to be unconstitutional and breaching the Right to Property in Article 1 of Protocol 1 of the European Convention on Human Rights. In this dissertation the focus will be on the realm of controlled private residential leases, specifically dwelling houses within Act XXIV of 2021. The aim of the dissertation is to see whether the chosen elements of public purpose and proportionality, which have been dealt with to a great extent by the ECtHR, have been fulfilled within the Act XXIV of 2021. These two elements are important because through their fulfilment it can be said that the new piece of legislation can be declared constitutional and there would no longer be a long line of cases in front of the ECtHR being declared that Article 1 of Protocol 1 has been infringed.