An analysis of selected landmark human rights judgments that have had an impact on Maltese criminal law

Abstract

It is difficult to overstate the significance which the European Convention on Human Rights and access to the European Court of Human Rights have had on the development and advancement of human rights protection in Malta. Criminal law is, naturally, no exception to this. The author in this term paper will be exploring a series of Maltese criminal law provisions which have been impacted by select judgments of both the European Court of Human Rights and Constitutional Court. Three areas of criminal law have been pinpointed in this respect; the institute of bail, Malta’s equivalent to the traditional common law writ of habeas corpus, and powers of the Attorney General. One of the term paper’s objectives is therefore to assess the influence which these judgments have had on the development of Maltese criminal legislation. The author’s first objective will be evaluating how effectively any consequent reforms and amendments have been in addressing any points made by the courts in these judgments and how successfully such amendments have rendered the relevant provisions compliant with the European Convention on Human Rights. In addition to this, the author will also scrutinise these provisions in their current form where necessary. The author’s second objective will thus be to offer suggestions with the aim of further improving and advancing these provisions, as well as refining the manner in which human rights violations are tackled from a legislative perspective.