The legal system of Malta
A mixed jurisdiction blending a Continental civil code with English-style public law and procedure. The 1964 Constitution provides for a parliamentary republic, and Malta is an EU and eurozone member with English as a co-official legal language.
Legal tradition
Malta belongs to the mixed (civil and common law) tradition. A mixed jurisdiction blending a Continental civil code with English-style public law and procedure. The 1964 Constitution provides for a parliamentary republic, and Malta is an EU and eurozone member with English as a co-official legal language.
How power is divided
A parliamentary republic with a ceremonial President, a Cabinet led by the Prime Minister answerable to the House of Representatives and an independent judiciary.
Where law comes from
- Constitution
- The 1964 constitution, supreme law.
- EU law
- Directly applicable and, in its field, paramount.
- Acts of Parliament
- Primary legislation and subsidiary legislation.
- Codes
- The Civil Code, Commercial Code and Criminal Code.
The legal profession
Advocates are admitted to the bar after a law degree and warrant; legal procurators and notaries handle procedural filing and authentication of deeds.
Law by topic in Malta
- Business & CorporateThe Companies Act, the Malta Business Registry and a full-imputation tax systemCompanies are governed by the Companies Act, modelled on English legislation, and registered with the Malta Business Registry. Malta's financial-services sector is built on this framework together with a distinctive corporate tax refund system.
- Immigration & NationalityEU free movement, single work permits and residence-by-investmentEU nationals move freely. Third-country nationals need a single permit covering work and residence, issued by Identità, and Malta operates well-known residence and citizenship-by-investment programmes under statutory regulations.
- Civil ProcedureThe Code of Organization and Civil Procedure with sworn applicationsCivil litigation follows the Code of Organization and Civil Procedure, blending civil-law pleading with English-style interlocutory practice. Many claims are begun by sworn application, and precautionary warrants are widely used.
- Constitutional LawA 1964 Constitution, entrenched rights and a mixed legal traditionMalta is a parliamentary republic under the 1964 Constitution, which is the supreme law and entrenches fundamental rights. The system mixes a Continental civil code with English-derived public law, procedure and commercial statutes.
- Human RightsConstitutional rights plus the ECHR incorporated by statuteFundamental rights are protected both by Chapter IV of the Constitution and by the European Convention Act, which incorporates the ECHR into Maltese law. Claims start in the First Hall of the Civil Court in its constitutional jurisdiction.
- Property & LandNotarial deeds, the Land Registry and restrictions on non-resident purchasesProperty transfers are executed by notarial deed, with the notary responsible for searches and tax. Acquisition by non-residents can require an AIP permit outside designated areas, and long emphyteusis remains a common tenure.
- Tax LawProgressive income tax with a full-imputation company system and tax refundsIndividuals pay progressive income tax with computations varying by marital and parental status. Companies pay a flat rate, but Malta's full-imputation system allows shareholders to claim refunds of part of the tax on distributed profits.
- Employment & LabourThe EIRA framework, wage regulation orders and the Industrial TribunalEmployment is governed by the Employment and Industrial Relations Act, supplemented by sectoral wage regulation orders. Unfair dismissal claims go to the Industrial Tribunal rather than the ordinary courts.
- Criminal LawThe Criminal Code with police prosecution and Attorney General oversightOffences and procedure are both contained in the Criminal Code. Following reform, the Attorney General prosecutes indictable matters while the police continue to prosecute in the Courts of Magistrates, and trial by jury applies to the gravest offences.
- Family LawDivorce since 2011, civil unions and a strong mediation requirementMalta introduced divorce by referendum in 2011 and has since legislated for civil unions and marriage equality. Separation and divorce proceedings begin with compulsory mediation before the Family Court.
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