A constitutional application which claimed that the refusal of the local courts to examine a dispute concerning ranks in an Order was in violation of the right to a fair hearing has been thrown out.
In a case against the Attorney General, Alfred Joseph Baldacchino told the court that in his capacity of Grand Master of the Ordo Byzanatinus Sancti Sepulchri he had instituted an action against Carmel Sandro Calleja and David Formosa on the basis that the two were illegally passing themselves off as deputy Grand Master and Grand Chancellor of this Order.
However, his action was dismissed by the First Hall of the Civil Court and later by the Court of Appeal on the grounds that the courts were precluded from examining or deciding on titles of nobility or of Orders of this nature.
Mr Baldacchino claimed that these two decisions were in violation of his right to access to the courts for the determination of his civil rights or obligations.
In his judgement, Mr Justice Tonio Mallia said that the government had taken a political decision to make the country a Republic.
As a result, titles of nobility deriving from monarchy were not officially recognised in Malta so Mr Baldacchino could not expect a ruling on his alleged right, which, according to law, did not exist.
The court added that case law of the European Court of Human Rights had established that titles linked to an Order were not a legal possession.
The Maltese government had not deprived title holders of their titles nor, more importantly, had it deprived such title holders of the properties linked to their titles.
The European Court had ruled that where state measures did not affect the economic value of a title, there was no right to be protected.
In the case filed by former Prince Bernadotte against Sweden, the European Court had ruled that the dispute in question (which related to the refusal of the Swedish King to restore his title of Prince) did not concern a right that could be said to be recognised nor could it constitute a violation of the right to access to the courts.