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- Legal System
Malta’s legal system draws upon the cultural influences of the countries that have shaped much of its history, namely Britain and Italy. As a result, the legal system is a mixture of British Common Law and European Civil Law. Civil Law applies in nearly all elements of private law; however the British system directs many commercial and public activities. Two examples of the influence of Common Law on Maltese commercial law are the Investment Services Act, which is closely modelled on the Financial Services Act (1986) of the United Kingdom, and the introduction of the Common Law concept of a trust (1988). The system consists of a constitutional court, two courts of appeal, the civil court, court of magistrates, criminal court and special tribunals. The Constitutional Court has jurisdiction in matters relating to elections and membership of the House of Representatives and hears appeals involving human rights, the constitution and the integrity of laws. The Court of Appeal receives appeals regarding civil cases from the civil or magistrates’ courts, or from several administrative tribunals. Unlike many other countries, Malta has only a single-tier system of appeal, with the Court of Appeal being the final appellate court in civil matters. The Court of Criminal Appeal deals with appeals arising from criminal cases in the criminal or magistrates’ courts. Criminal courts generally sit with a judge and jury. The president has the authority, on the advice of the prime minister, to appoint the chief justice and 16 judges. The judiciary is independent.
Legal practitioners in Malta are categorised as notaries, advocates or legal procurators. Advocates have the right of audience before all courts, whilst legal procurators may only address inferior courts. Notaries are not lawyers but may publish and draft public deeds, such as wills. The trade association that represents lawyers in the country is the Chamber of Advocates Malta, the bar association. To practice as an advocate in Malta an individual must possess an academic degree of Doctor of Law (LLD) in accordance with the Statute of the University of Malta, or a comparable degree from another competent authority, have at least a year’s experience in the office of a practicing advocate of the Bar of Malta, possess knowledge of the Maltese language as the language of the courts, and have been examined and approved by two judges. Non-Maltese legal professionals who wish to practice have to register with the local competent authority and apply for a local warrant in Malta. This would entitle them to practice locally strictly under their home country professional title. There are a number of smaller, boutique firms in Malta but generally the larger, established law firms dominate the market – GVTH Advocates, Fenech and Fenech, Ganado and Associates, Camilleri Preziozi, and Mamo TCV Advocates. Commonly law firms are family-run businesses.
Information from the World Economic Forum, The Global Competitiveness Report 2012-2013
Legal rights index
Efficiency of legal framework in settling disputes
Efficiency of legal framework in challenging regulations
Property rights (including financial assets)
Intellectual property protection