|
The Maltese legal system presents a sophisticated and comprehensive framework which, in part, reflects the various foreign influences that have impacted on the country's history, ending in the (British) colonial period between 1800 and 1964. Malta has a written constitution based on the British model. It incorporates the basic constitutional framework adopted by the United Kingdom but with a single legislature. General elections are held at least every five years. Responsibility for government lies in a Cabinet of Ministers, led by the Prime Minister. The head of state is the President who is elected by Parliament.
Administrative law and practice follow closely British laws and practice. Indeed, the government civil service is broadly organised on the United Kingdom model. In 1964, Malta became an independent nation and a full member of the United Nations. In 1974, the island effected constitutional changes and became a republic. Maltese and English enjoy the status of official languages, which means that all laws and regulations are drafted and published in both languages.
While most of public law is inspired by the United Kingdom model, the country's private law is largely continental (European). Malta is basically a civil law jurisdiction, and much of its law has been codified.
Five codes of law still provide the bulk of Malta's civil and criminal rules and procedures, closely following the model originally introduced by the Napoleonic Code. This system, which traces its origins to Roman law, still prevails in large parts of Western Europe including France, Italy, Belgium and Germany. Interestingly, the codified system on the continental (European) model was introduced during the second half of the 19th century by the British administration which had been governing the island as a crown colony since the overthrow of the French occupying forces in 1800.
Since Malta follows what is usually referred to as the continental (European) model of private law, English common law as a rule does not apply. Nonetheless, its influence is greatly felt in much of local commercial practice and regulation, especially in company law and in insurance and banking law which closely follow English practice. Most recent legislation, including the various financial services laws adopted in 1994, owe a debt to English statutes.
The Investment Services Act adopted concepts from the Financial Services Act of the United Kingdom of 1986, whilst the shipping, insurance, money laundering and insider dealing laws (to mention just a few) have been largely influenced by European Union legislation. Substantial parts of the Companies Act represent a version of the English Companies Act of 1985, including most of the provisions dealing with the Limited Liability Company, accounting and insolvency. In 1988, Malta also introduced within its legal system the English concept of trust.
|
|