The right to a fair trial : the nature of a court as opposed to a tribunal in the context of the European Court of Human rights and the Maltese Constitution

Abstract

The primary aim of this term paper is to analyze the requisite under Maltese law, provided under article 39(1) of the constitution which holds that criminal offences shall be tried in front of a court, whereas the determination of civil rights and obligations may be tried before any adjudicating body. The distinction between the trial of criminal offences and that of civil rights and obligations is not likewise established in the European Convention of Human rights, which merely requires that both are to be tried in front of an independent and impartial tribunal. However, The European Convention of Human rights does not limit the member states to only apply the requirements established in the convention but allows the individual member states to offer more protection to their citizens. This term paper will discuss the implications that the higher level of protection of the right to a fair trial has on the Maltese system, and how some Maltese authorities are acting in contravention to article 39 of the constitution by providing criminal penalties even though they are not considered to be courts.