Questioning the right to a fair hearing before tribunals in Malta

Abstract

The Maltese legal system has strong influences from the Civil Law tradition but was also heavily influenced by Common Law as a result of more than 150 years of British rule. Administrative Law was heavily influenced up to the extent that even after Malta’s Independence in 1964, Maltese Administrative Law continued for many years to be modelled on its English counterpart. Much has been written about the right to a fair hearing before the courts but not so much about the right to a fair hearing before tribunals. Tribunals in Malta have long been a pertinent feature of our Administrative justice system. Some were constituted without a date of termination in mind and others were set up ad hoc in order to deal with a specific issue over a specific period of time. Over time, since our Independence, the legislator has enacted various pieces of legislation to ensure a fair hearing before the Maltese Tribunals and an overall proper carriage of justice, the stellar piece being the promulgation of the European Convention Act into Maltese law. As other legal systems such as the French and the British progressed and developed their rules of procedure, we remained stuck with a cumbersome and poorly regulated legal order which contained various provisions of law scattered in different codes, sometimes even conflicting and without a proper codified law regulating the proper administration of justice. This has led to various tribunals being composed and/or required to operate and function in a manner which raises questions as to their impartiality and independence. This study gives an overview of the current situation regarding quasi-judicial organs in Malta and defines the legal status of tribunals in general, under Maltese law. The author then goes on to analyse the enabling legislation of four of these tribunals, whilst investigating their composition and practice. It further questions the modus operandi of such selected tribunals. Shortcomings, both in the specific legislation governing these tribunals and also in the procedural practice adopted, are identified. On the other hand, the recent legislative developments in the area of administrative justice are viewed as commendable steps in the right direction but, fall short of addressing the pressing need for having an administrative code and an administrative court which would go further towards ensuring that Malta’s tribunals grant the individual a fair hearing.