Advert

How are Human Rights protected in Malta?

Human Rights in Malta are protected by the Constitution of Malta and by the European Convention on Human Rights which is part of Maltese law.

EU law is also compatible with the principles of human rights.

Maltese law has to be in conformity with human rights law. The same applies for EU law.

Thus if one feels that his human rights are infringed, enforcement is by recourse through the Maltese Courts.

If the matter is protected by the European Convention, one may have recourse to the European Court of Human Rights in Strasbourg only after exhausting all possible local remedies.

If the issue relates to EU law, the local court may or should (depending on the stage of proceedings) refer the issue to the European Court of Justice of the EU in Luxembourg for interpretation.

The Strasbourg and the Luxembourg courts are not related to one another.

The former falls under the Council of Europe (which is unrelated to the EU) while the latter is an EU institution.

Advert

0 Comments

Post comment

Comments are submitted under the express understanding and condition that the editor may, and is authorised to, disclose any/all of the above personal information to any person or entity requesting the information for the purposes of legal action on grounds that such person or entity is aggrieved by any comment so submitted.

At this time your comment will not be displayed immediately upon posting. Please allow some time for your comment to be moderated before it is displayed.

Your User Profile is incomplete.
Please click here to complete your profile before posting comments.

Advert
Advert