The right to compensation in the Maltese economy : reference to Maltese case law

Abstract

The approach to the principle of redress and compensation in the case of justified complaints is typically unfamiliar with the Maltese culture and tradition. The attitude of Maltese people and public bodies in respect of the award of redress is still marked by an explicit reluctance to accept recommendations, especially for ex gratia payments. Promoting a more positive attitude towards the upholding of fundamental rights and the decisions to seek redress in the case of external effects proves to be a stepping stone in facilitating the internalisation of external effects, through the award of compensation, with the objective of leading to a better use of resources. Indeed, an effective redress system serves to increase credibility in the eyes of citizens, contribute towards a greater measure of democratic control and render Law Courts even more responsive to the rights of citizens.