Conflict of interest in Maltese environment and development planning law

Abstract

The reputation of administrative institutions hinges upon the preservation of their integrity and impartiality, prerequisites for harbouring trust and legitimacy amongst the population they serve. Hence, the imperative task of mitigating conflicts of interest within these institutions stands as a paramount objective, necessitating rigorous regulatory oversight. This dissertation commences by defining the notion of bias, drawing on the salient points and creating a framework which will be followed in subsequent chapters. It then goes on to scrutinise the legislation concerning conflicting interests, offering insight into the legal attitude, based on the breadth and stringency of its legal framework. This exploration goes through the evolution of laws, culminating in contemporary statutes, encompassing not only environmental and development planning regulations but also administrative legislation. This highlights the significant evolution of the concept and underscores its heightened prominence in legislative discourse. Nevertheless, it also underscores an acknowledgment that such recognition was not historically universal. Subsequently, the dissertation delves into jurisprudence, providing a glimpse into the perspectives of judges and magistrates as they interpret these laws. This analysis illuminates their stances on legal interpretation, showing that there does not exist a uniform approach across case law within the judiciary. The analysis culminates in the understanding that legislation caters greatly for such a situation. However, the application of such legislation is not universal. Moreover, there is a need for a greater separation of powers pertaining to institutions involved within environmental and development planning.