Judiciary of Malta
Encyclopedia
The Chief Justice
and judges, two of whom are currently serving in international court
s, are appointed by the President of Malta
on the advice of the prime minister after consultation with the leader of the opposition. Their mandatory retirement
age is 65.
The highest court, the Constitutional Court, hears appeals in cases involving violations of human rights, interpretation of the constitution
, and invalidity of laws. It also has jurisdiction in cases concerning disputed parliamentary elections and electoral corrupt practices. There is a civil court, a family court
, and a criminal court. In the latter, the presiding judge
sits with a jury
of nine. The court of appeal hears appeals from decisions of the civil court and of various boards and tribunal
s, including the Industrial, Small Claims, and Consumers’ Tribunal. The court of criminal appeal hears appeals from judgments of conviction by the criminal court. There are also inferior courts presided over by a magistrate
.
Chief Justice of Malta
The Chief Justice of Malta is the primus inter pares of the judicial branch of the Republic of Malta. The Chief Justice leads the business of the Supreme Court and is appointed by the President of Malta acting in accordance with the advice of the Prime Minister of Malta...
and judges, two of whom are currently serving in international court
International court
International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.Early examples of...
s, are appointed by the President of Malta
President of Malta
The President of Malta is the constitutional head of state of Malta.The President is appointed by a resolution of the House of Representatives of Malta for a five year term, taking an oath to "preserve, protect and defend" the Constitution....
on the advice of the prime minister after consultation with the leader of the opposition. Their mandatory retirement
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
age is 65.
The highest court, the Constitutional Court, hears appeals in cases involving violations of human rights, interpretation of the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, and invalidity of laws. It also has jurisdiction in cases concerning disputed parliamentary elections and electoral corrupt practices. There is a civil court, a family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
, and a criminal court. In the latter, the presiding judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
sits with a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of nine. The court of appeal hears appeals from decisions of the civil court and of various boards and tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s, including the Industrial, Small Claims, and Consumers’ Tribunal. The court of criminal appeal hears appeals from judgments of conviction by the criminal court. There are also inferior courts presided over by a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
.