The Maltese legal system is a synthesis of the different legal cultures that influenced it during the long years of colonial rule. Although British rule was officially declared in 1814, the British refrained from introducing the common law in Malta. The first real codification of laws the island ever had, “Del Dritto Municipale di Malta” (Malta, 1784), often affectionately referred to as the “Code of Rohan”, promulgated in the last days of the long reign of the Order of St. John, was replaced in 1852 by a local version of the “Code Napoléon”. During the same period, other codes were adopted, including the Code of Organization and Civil Procedure, the Criminal Code and the Code of Criminal Procedure. A Maltese legal authority, Sir Adrian Dingli, was instrumental in the enactment of these codes which, although largely amended over the years, still form the backbone of Maltese legislation. Dingli relied heavily on continental codes, such as those of the Italian states and the two Sicilies. However, the Code of Criminal Procedure has somewhat departed from continental models, and defendants have been granted rights that already prevailed in the United Kingdom. A jury trial was also initiated. The historical evolution of Maltese law in nine different phases shows that the character of the Maltese legal system has changed over time. For example, when Malta was administered by the Knights of St. John, it was the civil law tradition that dominated the legal system.
During the British period, the common law prevailed. After independence, Maltese law became more autochthonous, while Maltese law became more European after accession to the European Union. All these periods are also imbued with influences from international law. Civil law deals with the rights and obligations of individuals among themselves and provides for a system of remedies such as damages or certain benefits. Over time, this hybrid legal system has been expanded and deepened by laws enacted by the Maltese Parliament, particularly after independence in 1964. The Treaty on European Union was transposed into Maltese law at the time and is now the law of the country. After the arrival of the British, Roman civil law was retained. In fact, to date, Malta is one of the few countries that still apply and maintain the “Unica Carta” system, the system that married couples use to draw up a single will that provides for both assets. Another legacy of Roman law still exercised in the Maltese Islands today is the allocation of land to emphyteosis, a system traditionally designed so that a landowner can lease his land or land for a good number of years and can recover the land with all its improvements after the contract expires.
Although Maltese law has traditionally been classified as a mixed civil and common law system, this article suggests that it is more appropriate to abolish this designation, which is not entirely accurate, and instead call it what it really is, namely a “European” legal system. Practitioners include lawyers and lawyers. [19] [20] Malta`s legal system was based for many centuries on Roman law as codified by Emperor Justinian and rediscovered, developed and practiced by most of continental Europe. In addition, with regard to the practice and functioning of the defence system in the legal system, this is carried out by several sections of the legal professions. In the case of the Maltese judicial system, the accused is defended either by a lawyer or by a prosecutor licensed to defend himself in court. Given the history and sources of the Maltese legal system, we can say that it has its roots in the (continental) family of civil law, but has absorbed many features of the (British) common law tradition. In other words, it is a mixed legal system. While the theft rules of the Maltese Penal Code are inspired by the (continental) civil law approach, the English legal institution of the jury system has been grafted onto the Maltese Penal Code. The Maltese legal system therefore represents an early attempt to merge two major legal families. Then, the interaction of language and law is discussed. Clarity of expression is fundamental.
In this respect, Maltese legal jargon has undergone a unique development. Until 1933, the language of the Maltese courts was Italian and Italian influence is still present in Maltese legal jargon. The book also contains a very interesting appendix by Joe Felice Pace which lists and explains Maltese legalese. It shows the overwhelming and enduring influence of Italian in Maltese legal jargon. Over time, however, the British introduced more and more legal institutions and principles such as jury trials, rules of evidence, and the organization of the courts themselves. Maltese law includes continental law, common law and local traditions such as the Rohan Code. A municipal code was published in 1784[1] and replaced in 1813. [2] Maltese law has evolved over the centuries and reflects the rule of the context of the time.
At present, Malta has a mixed codification, influenced by Roman law, French law – Code Napoléon, British law – common law, European Union law, international law and customary law, established by local customs.[3][4] During the long years of British colonial rule, British legal influence became increasingly at play.
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