The proposed awarding of non-patrimonial damages in respect to Government liability in Articles 1045 and 1046 of the Maltese Civil Code

Abstract

The voyage of awarding non-patrimonial damages has been present for centuries. A number of improvements and amendments have been made, yet the journey is far from over. The need of expanding the awarding of moral damages in respect to Government liability to the Civil Code is of significant importance, and this has been notably seen in a number of Court Cases. One cannot deny that changes and developments have occurred yet there is still a long road ahead. Bringing about a change in the way moral damages are awarded with respect to government liability is undeniable a political situation. Being put in said political situation will also have affects on other sectors. Shifting such responsibility to the courts, i.e. the jurisprudence will somehow shift the way legislations are amended and this will therefore take a much longer time. Moreover, the function of the courts is that of deciding who is responsible of such actions. Despite the fact that members of the judiciary have the power to determine ‘when’ moral damages are awarded, the responsibility of deciding ‘how’ such damages are issues is left in the hands of the legislator.