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| Constitutional Fundamental rights, fair hearing and the Constitutional Court.
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Constitutional · 5 Sep 2026

Removal halted where no one weighed the child's best interests

The First Hall, constitutional jurisdiction, grants an interim measure stopping the removal of a Serbian father whose school-age son lives in Malta, because the immigration authorities decided without evidence on the child's best interests and a prima facie article 8 case exists.

Constitutional · 29 Aug 2026

No release pending a claim that legal aid missed the appeal

The First Hall, constitutional jurisdiction, refuses to suspend a four-and-a-half-year sentence while a prisoner argues that legal aid failed to file his appeal, because he showed neither a prima facie breach nor irreparable harm; the main case is fast-tracked instead.

Constitutional · 8 Aug 2026

An informal plea deal with police binds no one

The First Hall, constitutional jurisdiction, finds no breach where an accused admitted charges on an informal understanding with the prosecuting inspector and was imprisoned after the Attorney General's appeal: the only plea bargain the law recognises is the formal one under article 392A(5).

Constitutional · 25 Jul 2026

A €12 farm rent breaches A1P1, but the tenant keeps the field

The Constitutional Court finds that Chapter 199, as it stood before Act XXII of 2022, denied field owners a fair balance and an effective access to court, awards €7,319.50 against the State Advocate, but refuses to declare the tenant's relocation right unusable or to evict him.

Constitutional · 18 Jul 2026

Grave offence outweighs childhood ties in a removal case

The Constitutional Court finds no breach of article 8 in the return decision and removal order against an Albanian national raised in Malta from childhood, because the offence was grave, the ties to Malta were weaker than the First Hall found, and the entry ban runs for five years only.

Constitutional · 11 Jul 2026

An FIAU fine is a criminal charge, but the appeal saves it

The First Hall, constitutional jurisdiction, holds that a €419,997 FIAU administrative penalty is a criminal charge and that the FIAU is neither a court nor impartial, yet finds no breach of article 39 or article 6 because article 13A of Chapter 373 gives a full appeal on fact and law.

Constitutional · 4 Jul 2026

Refusing a termination under the 2022 law breached no right

The First Hall, constitutional jurisdiction, rejects a claim that articles 241 and 243 of the Criminal Code, as they stood in 2022, breached a pregnant tourist's rights to life, to freedom from inhuman treatment, to private life and to equality when doctors would not terminate her pregnancy.

Constitutional · 27 Jun 2026

Pendente lite delay alone is not an unfair hearing

The First Hall, constitutional jurisdiction, dismisses a husband's complaint that the Family Section took two years to decide his pendente lite applications and left a protection order in force. No breach of article 39, article 6 or article 8 was found.

Constitutional · 20 Jun 2026

Finding an A1P1 breach ends the tenant's rent-law protection

The Constitutional Court holds that a landlord who bought a shop under a protected lease keeps victim status from the date of purchase, and that finding a breach obliges the court to stop the tenant relying on Chapter 69, not only to award damages.

Constitutional · 13 Jun 2026

2021 rent reform does not cure a landlord's earlier losses

The Civil Court, First Hall (Constitutional Jurisdiction) awarded €47,900 against the State to the owners of two pre-1995 protected leases for 2009 to May 2021. It matters to landlords weighing a constitutional claim against a rent review under article 4A of Chapter 69.

Constitutional · 6 Jun 2026

The State pays when a joint prosecution stalls for 12 years

The Civil Court, First Hall (Constitutional Jurisdiction) awarded €2,000 to the heir of a man whose prosecution ran from 2009 to 2021. The ruling matters to defence lawyers in cases with several co-accused and to heirs pursuing delay claims.

Constitutional · 30 May 2026

Heir inherits the usufructuary's claim for low rent

The Constitutional Court held on 25 May 2026 that an owner who received a flat by donation, and later became universal heir of the donor who had kept the usufruct, may claim the rent-law compensation due for the donor's years. It awarded €31,477.

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