The Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, lays down the minimum conditions of employment which every employee may enjoy: “wages, the period of employment, the hours of work, leave and includes any conditions related to the employment of any employee under a contract of service including any benefits arising...

As a rule, the conditions of employment should be laid down in a contract of employment. The Employment and Industrial Act, Chapter 452 of the Laws of Malta, define a ‘contract of employment’ or a ‘contract of service’ as: “…an agreement, (other than service as a member of a disciplined force except as may be...

Angelo Zahra was arrested on the 21st July 2001 as he was accused of trafficking cocaine. Proceedings were brought against him and the compilation of evidence before the Court of Magistrates (Malta) as a Court of Criminal Inquiry began. In 2019 Angelo Zahra filed a request to make a reference to the Constitutional Court due...

On the 26th October 2021 amendments were introduced to the Companies Act, Chapter 386 of the Laws of Malta, by virtue of the enactment of Act LX of 2021 (herein the ‘Act’). These amendments aim to address enhancing transparency of information concerning the shareholders, directors and officers of companies registered in Malta. THE SERVICE ADDRESS...

The Financial Intelligence Analysis Unit (“FIAU”) issued a Consultation Document setting out proposals for several changes to the Implementing Procedures Part I (“IPs”). The main changes being introduced are the following: Adverse media Additional guidance is given on assessing the relevance, reliability, and timing of adverse media, and on the evaluation of supervisory and regulatory...

Legal Professional Privilege (“LPP”) is a fundamental right that protects all communications between an advocate and a client from being disclosed without the permission of the client. It is a privilege granted to the client and not to the advocate. LPP guarantees the proper functioning of any system based on the rule of law and...

Due to the high seas often being used as a vector to facilitate crime, the exercise of jurisdiction is relevant to the enhancement of maritime security. International law enunciated the principle of exclusive flag State jurisdiction to cater for such surveillance. However, given the nature of the crimes carried out on the high seas, the...

The Minister of Finance introduced the country’s Budget for the year 2022. It is highlighted that the Budget deficit of the country increased to €1.268 billion (that is 9.7% GDP) in 2020 and the deficit forecast for 2021 is of €1.545 billion (that is 11.4% of GDP). Salient features of the measures announced include: Tax...

In May 2015, the accused was charged with having abused his position as an employer in the public sector and had mis-used public funds. From the evidence, it transpired that all the works carried out fell within the remit of the Ministry of Gozo and that there was no indication of any wrong doing. The...

The First Hall Civil Court (Constitutional Jurisdiction) ordered the Attorney General and Police Commissioner to pay Noel Xuereb the sum of €100,000 in damages, after deciding that the criminal proceedings against him, which ended up in him being declared not guilty of all the charges brought against him, took an unreasonable amount of time to...