In this article, Prof Tonio Borg examines the significance of the exception contained in the definition of administrative act under article 469A of the Code of Organization and Civil Procedure, namely internal organizational matters. The author underlines the different and conflicting judgments interpreting this exception and calls for a legislative intervention to ensure legal certainty. […]
In this article Prof. Tonio Borg examines the Constitutional Court’s judgments of 18 November 2024 in the XNT and Phoenix cases, which reversed earlier rulings declaring FIAU’s fining powers unconstitutional and introduced a controversial shift in jurisprudence by validating administrative sanctions imposed by non-judicial bodies, so long as an appeal to a court exists. This […]
In this article Prof. Tonio Borg examines the constitutional functions and powers of the office of State Advocate introduced in 2019. In his view it is evident that the idea behind the establishment of this office was to have an autonomous guardian safeguarding the legality of State action in the public interest; and yet in […]
This article reproduces as a matter of public record the lecture delivered by Professor Tonio Borg at the Institute of Advanced Legal Studies (IALS) on the 21st of March 2024 in Russell Square, London. In it, Professor Borg explores the supremacy of the constitution of select countries. Tonio Borg, ‘Constitutional Supremacy: Different Experiences in the […]
In this article, Tonio Borg discusses the recent Insignia case and its ramifications on the rule of exhaustion of ordinary remedies in constitutional proceedings challenging the validity of a law. Tonio Borg, ‘The Insignia Case and its Aftermath’ (Online Law Journal, 22 October 2022). 1. Introduction It all began with the Insignia case.[1] In that […]
In this article, Tonio Borg comments on two recent judgments that accepted a wider notion of juridical interest in public law actions, and what this may mean for the future. Cite as: Tonio Borg, ‘Juridical Interest Redefined?’ (Online Law Journal, 12 March 2022). Introduction Two landmark judgments have been delivered by our courts which can […]
This article reproduces the text of three speeches on administrative law delivered at the book launch of Dr Tonio Borg’s book titled Maltese Administrative Law, held at the Chamber of Advocates Conference Hall on the 10 November 2021. They are being reproduced in the Online Law Journal as a matter of public record. In order […]
In this article, Dr Tonio Borg reviews and analyses the case-law of the Maltese Courts on statements given to the police without lawyer assistance, as a potential exception to the ‘no forbidden fruit theory’ recognised by Maltese Law. Tonio Borg, ‘The Validity of Statements made in Police Detention without Lawyer Assistance’ (Online Law Journal, 13 […]
In this article, Dr Tonio Borg discusses Maltese and European Court of Human Rights case-law on pre-trial publicity, and when this can threaten the eventual accused’s presumption of innocence in criminal proceedings. It is a transcript of the author’s keynote speech in the annual Policy Conference organised by GħSL on Friday 16 April 2021, reproduced […]
In this article, Dr Tonio Borg reviews the constitutional provisions privileging the government and public authorities in the context of today’s jurisprudence and legal thinking, offering his thoughts on dubious and antiquated provisions. Tonio Borg, ‘Immunities in favour of Government and Public Authorities in the Maltese Constitution‘ (Online Law Journal, 5 December 2020). General Presumably, […]
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