The Maltese Judiciary is made up of serving Judges and Magistrates who have been appointed to sit in the Superior and Inferior Courts.
The undertaking of Judges and Magistrates in Malta is captured in the first sentence of their Oath of Office, to “…faithfully perform the duties of Judge [Magistrate] without favour or partiality, according to justice and right, and in accordance with the laws and customs of Malta, to the honour of God and the Republic of Malta.”
In the performance of their duties, Judges and Magistrates have to comply fully with the Code of Ethics for Members of the Judiciary, in order to ensure the highest standards of correct ethical behaviour, thereby strengthening the trust in the administration of justice.
For more information on the Maltese Judiciary, click here.
Laws of Malta
The Laws of Malta are governed by Acts of Parliament, Regulations, Rules, Orders and Bye-laws, as well as EU Law and International Treaties. which include decisions of the ECJ. Decisions by the Maltese Constitutional Court and the ECJ are also legally binding.
European regulations, directives and decisions have to be incorporated into Maltese Law since they are also legally binding. The majority of international treaties, which Malta signs, are also ratified into domestic legislation.
In Malta, the Constitution is the supreme law of the land and so supercedes any Maltese law which is in conflict with it. It provides the basic source of national law and stipulates that laws are passed by Parliament in the form of Acts of Parliament. Parliament may then delegate legislative powers to other bodies, such as ministers, authorities and public bodies.
For more information on the Laws of Malta, including the Institutional Framework, Decision-Making Process and Legal Databases, click here.
The Courts in Malta
The courts in Malta are divided into Superior and Inferior courts.
Malta’s Law Courts are located in Republic Street, Valletta, while Gozo’s Court of Magistrates is housed in the court building at the Citadel, Victoria.
For more information on the Courts in Malta, as well as their history, click here. To learn more about the Islands’ Court Structure, click here.
The Judicial System in Malta
The Maltese judicial system is a two-tier system comprising: a court of first instance, presided over by a judge or magistrate, and a court of appeal.
There are also various tribunals that deal with specific areas of the law and have varying degrees of competence. Decisions pronounced by these Tribunals are almost all dealt with by the Court of Appeal.
The Director General (Courts) is responsible for the administration of the courts. He or she is also responsible for the management and administration of the Courts of Justice Division, including the registries, archives and other services, and also heads the Courts of Justice Division.
For more information about the judicial system in Malta, including the hierarchy of the various courts, hall usage, civil forms and legal services, click here.
As part of the eGovernment initiative, Sentenzi Online (Judgements Online) is a free service that brings together a collection of judgements given by the Courts of Justice of Malta from 1944 onwards.