An analysis of the notion of public interest in private projects from a human rights perspective

Abstract

The ratification of the European Convention of Human Rights (‘the Convention’), has added another layer of protection regarding the right to property in Maltese law. Whereas the Constitution secures the right to adequate compensation, Article 1 of Protocol 1 of the Convention allows the aggrieved to challenge the public interest requirement in the taking of their land. This work covers the interpretation of public interest vis-a-vis public projects, with close reference to the legislative and doctrinal shortcomings faced when interpreting such concept. Some observations regarding the evolution of property rights in Malta shall also be made, distinguishing between the ‘public purpose’ and the ‘public interest' in land acquisition. The interpretation of the European Court of Human Rights on the matter shall be observed at close proximity, from the wide range of judgments on the subject matter. The interpretation of such judgments shall be evaluated in comparison and contrast to Maltese judgments.