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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
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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
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Malta Residence & Visa Programme: 2018 Amendments Immigration

Malta Residence & Visa Programme: 2018 Amendments

Investment migration in Malta has increased exponentially over the last 4 years; due in part to the introduction of the Malta Residency and Visa Programme (MRVP). The MRVP was introduced in 2015 to offer yet another competitive immigration option. Since its inception, the MRVP has been updated twice; with the 2017 amendments helping to further consolidate the legislation, whilst those amendments enacted in 2018 focused on widening the programme's investment criteria.Originally, the MRVP programme required the main applicant to pay an economic contribution of €30,000, with €5,500 being non-refundable and payable at application stage with the remaining amount becoming due…
MamoTCV
18th October 2018
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Malta Residence & Visa Programme: 2018 Amendments Immigration

Malta Residence & Visa Programme: 2018 Amendments

Investment migration in Malta has increased exponentially over the last 4 years; due in part to the introduction of the Malta Residency and Visa Programme (MRVP). The MRVP was introduced in 2015 to offer yet another competitive immigration option. Since its inception, the MRVP has been updated twice; with the 2017 amendments helping to further consolidate the legislation, whilst those amendments enacted in 2018 focused on widening the programme's investment criteria.Originally, the MRVP programme required the main applicant to pay an economic contribution of €30,000, with €5,500 being non-refundable and payable at application stage with the remaining amount becoming due…
MamoTCV
18th October 2018
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Exercise of power to stay proceedings under Article 220 of the Companies Act Legal Updates

Exercise of power to stay proceedings under Article 220 of the Companies Act

In its recent decision HSBC Bank Malta Plc v The Golden Shepherd Group Limited, (decided 4th October, 2018) the Civil Court (Commercial Section) exercised its special powers under Article 220 of the Companies Act to stay proceedings pending against the defendant company ("Golden Shepherd"). Golden Shepherd is currently the defendant in on-going dissolution and winding up proceedings instituted by HSBC Bank Malta Plc ("HSBC"). Article 220 allows a company, a creditor or a contributory of that company from applying to the court, at any time after the filing of a winding up application, requesting a stay of judicial proceedings pending against…
MamoTCV Advocates
17th October 2018