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Malta: teleconferences focusing on property rights and excessive length of court proceedings

On 12 and 13 November, the Execution Department organised teleconferences with Maltese authorities on the execution of pending cases, focusing in particular on those concerning property rights (Apap Bologna/Amato Gauci groups). These cases concern violations of the applicants’ right to the peaceful enjoyment of their property due to the operation of rent control legislation related both to requisitioned properties and indefinite extension of private leases. The European Court has found that proceedings before the Constitutional Court do not constitute effective remedies in practice, notably because of their excessive length. Discussions also tackled cases concerning excessive length of criminal proceedings and lack of effective remedies.

The meetings provided the opportunity for a direct exchange of views with the recently appointed State Advocate (Government Agent before the ECtHR) and other competent authorities on areas where progress is still needed, in particular in view of these cases’ planned examination by the Committee of Ministers in 2021.

Representatives of the following authorities took part in the meetings: the State Advocate, the Minister of Justice, the Minister for Social Accommodation, the CEO of the Housing Authority and judges of the Constitutional Court, including the Chief Justice.


 Country factsheet for Malta

26 November 2020
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