MALTESE LEGAL SYSTEM
The Maltese legal system is what is known as a mixed legal system. Malta’s legal system for many centuries was based on the Roman law as codified by the Emperor Justinian and as rediscovered and developed and practiced by the greater part of continental Europe.
With the coming of the Order of St John to Malta the predominance of the Roman law actually increased and strengthened. The 1784 Code de Rohan and maritime code of the Consolato del Mare adopted in 1697 adapted Roman law to the particular circumstances of Malta.
The French invasion in 1798 brought about a huge revolution in Maltese law and society but had very little time to establish its roots seeing that the Maltese soon rebelled against the French.
The British, who were invited in to help the war against the French, and then stayed on brought with them a very different legal system. At first, the British took care that the old Roman law remained the basic law as practiced in Malta reserving issues related to the safety and defence of Malta.
In time, however, the British introduced more and more legal institutions and principles such as trial by jury, the rules of evidence and the organisation of the courts itself.
In time, this hybrid legal system was broadened and deepened by laws promulgated by the Maltese parliament, especially after the 1964 Independence. The European Union Treaty then was transposed into Maltese law and is now the law of the country.
Given the history and sources of the Maltese legal system, we may say it has its roots in the Civil Law (continental) family but which has absorbed many features of the Common Law (British) tradition. In other words, it is a mixed legal system. While the rules on theft in the Maltese Criminal Code are inspired by the Civil Law (continental) approach, the English law institution of the jury system has been grafted onto the Maltese Criminal Code. The Maltese legal system thus represents an early attempt to fuse together two `great families of law’.
Written Maltese Law may be divided in four main sub-divisions:
1. Civil Law and Criminal Law
2. Public Law and Private Law
3. Substantive Law and Procedural Law
4. Municipal Law and Public International Law.
Malta Law Firms
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Our Malta Lawyers are Accredited Agents of the Malta Citizenship by Naturalisation for Exceptional Services by Direct Investment & Authorised Mandatory Agents, licensed to manage the Malta Permanent Residency Programme (MPRP).
Law Firm Advocates are Members of the following organizations:
- The Malta Chamber of Advocates
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- The Malta Maritime Law Association
- The Malta Insurance Institute
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Our partner law firms practice in the following areas of law:
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- Litigation
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