Cedric Mifsud, was invited to give comments on one of Malta’s leading news programmes aired on National TV, where he was asked to comment about the recent amendments introduced by means of Article 56A of the Gaming Act and the recent judgments relating to the said amendments. Article 56A is a clause in the law which block the recognition of foreign judgments against companies operating with a gaming licence in Malta. The clause was introduced on the basis of public policy in order to avoid the distortion of the Gaming Market in Malta.
He commented on how Article 56A conflicts with the principle of supremacy of European Union Treaties and their legal instruments over local law. By means of recent decisions the Maltese courts refused to allow the recognition and enforcement of Austrian judgments on the basis of 1215/2012. The court invoked 56A of Chapter 583 in refusing the request.
Cedric Mifsud commented on how a local law took precedence over a EU regulation, which in accordance with EU law principles should overrule local legislation that is in conflict with it and therefore take precedence in interpretation.
He explained that the Maltese Constitution does not explicitly state that EU law has supremacy over local law however this is established through jurisprudence. He explained that he foresee that this law will eventually be challenged to a claim of state liability against the government of Malta for not implementing EU law well.
Watch the interview here: https://tvmi.mt/episode/70555
