The accession of Malta to the European Convention on Human Rights and fundamental freedoms

Abstract

This short article is meant to explore the effect of the European Convention on Human Rights in the national law of Malta, and especially the process of its incorporation in Maltese law. The concept of human rights has had a seminal influence in Maltese law; The Convention was originally extended to Malta by the United Kingdom when Malta was still a colony. On gaining independence the Constitution of Malta had a Chapter dedicated to the protection of fundamental human rights mainly modeled on convention concepts. Malta became a party to the Convention in 1966 and accepted the right of individual petition in May 1987. In August 1987 the Maltese Parliament enacted legislation incorporating the convention into Maltese Law. The article explores the manner of its incorporation and the effect such incorporation has on Maltese law. The article deals also with the enforcement of Strasbourg judgements against Malta within the Maltese system of law, as well as with the status of the Convention within the present system of law and its fundamental nature.