An analysis and evaluation of the powers and competences of the local wardens and the system of the local tribunals.

Abstract

This thesis aims at presenting a historico-legal narration on the development of the Local Enforcement System (LES) in Malta and Gozo, which comprises of various entities, but mainly dedicating attention to the chief entities - the Local Wardens and the Local Tribunals. The First Chapter deals with the historical aspect of this system, giving details on the birth of Local Councils, back in 1993, their jurisdictional powers and the Parliamentary debates, most importantly of 1999, which eventually gave the Local Councils more powers and legislated the introduction of the local warden system and all the intricacies of the LES system as we know it today. Next, the Second Chapter delves immediately into the Local Warden system explaining the whole point behind the System and how the system operates vis a vis the Local Councils. Then, attention is shifted onto the persona of the Warden - the Local warden and the Green Warden and their powers according to Law, as well as the essential document - the Code of Ethics, which is a particularly recent document not made available to the public as yet. Chapter Three illustrates the various other entities involved in local enforcement. It mentions the intertwining workings of these entities in order for there to be a fully functional system. The Fourth Chapter goes on to describe the Local Tribunals and the way they operate, ranging from the legal format of a contravention ticket to the means of appeal available to the public to challenge the Tribunal's decision. Another very important entity is mentioned in this Chapter, which is the Petitions Board. 2 The Fifth Chapter deals with the way society perceives the System. There will be opinions and criticism of the whole local enforcement system as well as remarks for the improvement of the system.