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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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Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta) Litigation & Dispute Resolution

Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)

Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1st June 1995 through the application of article 5, 12, or 12A of Chapter 158.The constitutionality of the provisions of Chapter 158 has been challenged repeatedly in front of the Maltese Courts and in front of the European Court in Strasbourg. Since the case of Amato Gauci v. Malta, (App no 47045/06 ), the majority of the cases brought by owners arguing a breach of their rights to…
Michael E. Camilleri
10th August 2018
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Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta) Litigation & Dispute Resolution

Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)

Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1st June 1995 through the application of article 5, 12, or 12A of Chapter 158.The constitutionality of the provisions of Chapter 158 has been challenged repeatedly in front of the Maltese Courts and in front of the European Court in Strasbourg. Since the case of Amato Gauci v. Malta, (App no 47045/06 ), the majority of the cases brought by owners arguing a breach of their rights to…
Michael E. Camilleri
10th August 2018