NEWS
The Right to be Forgotten and Court Judgements
Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995, also referred to as the Data Protection Directive (DPD), was the first of its kind to regulate personal data and the free movement of such data within the European Union. The main...
Rights of Cohabitants in 2021
Chapter 614 of the Laws of Malta - The Cohabitation Act in further detail Pre 2020 Chapter 571 of the Laws of Malta was enacted in 2017 and provided for various forms of cohabitation in which unmarried individuals living together would have their relationship...
Constitutional Court Slams Abusive Rent Law Amendment
Band club lease laws again found in breach of landlords’ fundamental rights to fair hearing and enjoyment of property In a recent decision delivered by the Constitutional Court concerning the lease of De Paule Band Club in Paola, Parliament was taken to task for...
Malta Rent Laws Continue to Violate Human Rights
More constitutional judgements finding rent laws in breach of landlord’s right to property A recent judgement delivered by the Civil Court in its constitutional jurisdiction has declared once again the Maltese rent laws as anti-constitutional. In particular articles...
Recent Amendment allows for Rent Increase
Controlled Residential Leases Reform Act, 2021 (Act XXIV of 2021) has resulted in a great influx of cases being presented before the Rent Regulation Board seeking an increase in rent. The aim of this newly introduced rent law is another attempt to provide a solution...
IURIS Advocates is recruiting
Legal Secretary Iuris Advocates is issuing a call for an experienced Secretary to join and support a professional team within their growing Law Firm based in Valletta. Having a diverse portfolio of clients and excellent service delivery the Firm is going through a...
A Social Innovation Strategic Framework for a Small Island State: A Case Study of Malta
A strategic framework to enhance social innovation is key to enhancing social wellbeing and is not only about instilling a new cross-cutting method across trditional innovative economic and business fields, but it also needs to stimulate a culture of risk-taking and...
Amendments to the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTRs)
The FIAU has issued a notice informing subject persons and interested parties of a series of amendments to the Prevention of Money Laundering and Funding of Terrorism Regulations, SL 373.01 of the Laws of Malta (hereinafter referred to as the PMLFTRs). These...
Land arbitration board awards landowners moral damages
Expropriation - Public purpose and public use Cases upholding a property right violation are certainly not novel in Malta. For many years, a great deal of applicants have instituted human rights proceedings before the First Hall and the Constitutional Court, with some...
Changes to WhatsApp Privacy Policy
Anti-Competitive measures and consumer rights questioned Messaging platform WhatsApp recently made headlines after it announced changes to its privacy policy. As of March of 2020, WhatsApp boasted circa two billion active users, arguably in part due to its end-to-end...
Law on agricultural leases is declared to breach owners’ fundamental human rights: Now what?
The Right to Enjoyment of Property In the last few years, the Maltese Courts of Law have been inundated with actions for damages by property owners who claim that their fundamental human right to enjoyment of property is being breached by old Maltese rent laws. Their...
Rent Laws – Maltese Courts Continue to Uphold Landlords’ Rights
Companies entitled to right to property A recent judgment delivered by the First Hall of the Civil Court has confirmed that the right to property is vested not only in a natural person but also in legal persons.. In B&S Agencies Limited v Melita Mamo et, the...
The Commissioner for Revenue published the DAC6 guidelines
The Commissioner for Revenue (CfR) has published the Guidelines on the Mandatory Automatic Exchange of Information in relation to Cross-Border Arrangements (the “Guidelines”) issued via Subsidiary legislation 123.127 which focuses on the transposition of the DAC6 into...
Jurisdiction Over Contracts of Employment
New amendments to the Employment and Industrial Relations Act on Fixed-Term Contracts Act LVIII of 2020 amending the Employment and Industrial Relations Act published on the 11 December 2020, addresses issues raised in a judgement of the Court of Appeal decided on the...
Malta’s Sovereignty & the Jurisdiction of Maltese Courts
Is a Status of Force Agreement (SOFA) with the United States incompatible with Malta’s neutrality clause in the Constitution? What is a Status of Force Agreement (SOFA)? The Status of Force Agreement finds its footing in military alliances and the presence of military...
Two Bills in Parliament Promoting Human Rights, Equality and Non-Discrimination
Bill 96 and Bill 97 read for the first time at the Parliamentary sitting of 17 July 2019 provide for the prohibition of discrimination in various spheres of life and for the establishment of the Human Rights and Equality Commission respectively. These two Bills have...
Malta Property Private Residential Leases – One Year On
It has been almost one year since the coming into force of The Private Residential Leases Act (Chapter 604, Laws of Malta) aimed to regulate the residential letting sector, and placing such contracts under the watch of the Housing Authority. The law got off to a shaky...
Consequences of Brexit on Intellectual Property Rights
Following the UK exit from the EU, on the 1st January 2020 the UK shall no longer be an EU member state and UK citizens will no longer be members of EU. However, there was a transition period throughout which Union law continues to be applicable to and in the UK and...