Constitutional issues surrounding the Industrial Tribunal, Malta : past, present and future

Abstract

This study mainly focuses on whether sufficient protection and safeguards are being offered by the Industrial Tribunal of Malta. In fact, the principle question examines whether the Industrial Tribunal is up to date with the requirements of independence and impartiality established in Article 39(2) of the Constitution of Malta and Article 6 of the European Convention on Human Rights. These rights are of utmost importance since a fair trial is one of the keystones of achieving an equitable democratic society. The study follows an approach whereby an analysis is made on the past issues experienced by the Industrial Tribunal. Along the years, various Constitutional issues surrounded the Industrial Tribunal and eventually in 2016, amendments were made to Chapter 452 of the Laws of Malta, the law setting up the Industrial Tribunal of Malta. These amendments will be analysed to be able to reach the conclusion whether certain issues were left unresolved. Further amendments will be proposed to continue developing solutions to the real constitutional problems faced by the Industrial tribunal. All this is done with the aim of ensuring a fair trial by the Industrial Tribunal of Malta.