An analysis of the constitutional and human rights implications of the newly amended agricultural leases (Reletting) Act

Abstract

The most salient feature of property law in Malta is currently the string of ECHR judgements denouncing the State for human rights infringements on private individuals. It is now the Agricultural Leases Act’s turn to go through amendment, by virtue of Act XXII of 2022, due to a breach of the right to property. This dissertation starts by dissecting the Act and exploring its raison d’être, particularly by explaining the State’s duty to interfere in the public interest under International Law. Definitions of the most striking terminology found in the Act’s interpretation clause are explained in order to identify the subjects of protection under this law. The second chapter delves into those provisions of the Act declared unconstitutional and in breach of human rights. Furthermore, an analysis of the most recent and salient Maltese judgements on the topic is conducted, particularly ‘J&C Properties Limited v. Nazzareno Pulis’. Moreover, this section explains the new amendments and investigates their effectiveness in the current legal situation. Here, the author discusses the grey areas the amendments fail to address and the new grey areas they might have triggered. The final chapter and the conclusion are the most critical. The right to property is examined under the Constitution and, more importantly, the ECHR. ECHR principles, established through ECtHR judgements, are applied to the Act to establish compliance or otherwise to the right to property. Limitations to deprivation of property, mainly public interest and proportionality, are closely evaluated within the ambit of the Act. An inclusion of possible consideration of legitimate expectation inherent to the right to property is provided. The author addresses what remedies the Constitutional Court should provide in response to such breaches in order to become human rights complaint. Finally, the author summarises the conclusions, addresses shortcomings and mentions several recommendations that provide a better chance of reaching proportionality.