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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018
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Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings Corporate and M&A

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat
18th October 2018
News_Cour_20181018-133403_1.png
Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings Corporate and M&A

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat
18th October 2018