Constitutional Law Judge pins court delays on government, abusive defendants and their lawyers The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by…Malcolm MifsudMarch 25, 2023
Constitutional LawProperty Law Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights…Ian BarbaraNovember 8, 2022
Constitutional LawCriminal Law Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took…Malcolm MifsudOctober 9, 2022
Civil LawConstitutional Law Interim measures in human rights cases should be applied in exceptional cases An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger. This was held in judgement…Malcolm MifsudAugust 24, 2022
Civil LawConstitutional LawProperty Law When public interest comes into play The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…Malcolm MifsudApril 3, 2022
Constitutional LawProperty Law Strasbourg Court: A Breach of Fundamental Rights Commences when the Disproportion in Rental Income Arose There have been countless court cases both in the constitutional courts of Malta as well as in the European Court of Human Rights in Strasbourg…Mifsud & Mifsud AdvocatesFebruary 4, 2022
Civil LawConstitutional LawFamily Law Constitutional proceedings can be initiated if there’s no effective and adequate remedy This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction.Malcolm MifsudDecember 27, 2020
Constitutional Law Constitutional proceedings can be initiated if there’s no effective and adequate remedy This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction. In 1999 Adelina…Malcolm MifsudDecember 26, 2020
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Malcolm MifsudApril 10, 2020
Civil LawConstitutional Law Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them.Malcolm MifsudOctober 11, 2019