Legislative recourse to public administration law offences : barking up the wrong tree?

Abstract

Following the enactment of the Commissioners for Justice Act, Chapter 291 of the Laws of Malta, in 1981, Maltese Law began to recognise what is today commonly known in Administrative Law as the institute of Administrative Offences. The latter are totally distinct from other offences hitherto established under other branches of Public Law and, needless to say, are quite different from civil damages occasioned by civil wrongs. Administrative offences, though forming part of Public Law, are creatures of Administrative Law. But are they here to stay or are they a transient institute of Administrative Law? What makes them unique in Maltese Law? Why is the legislature having more and more recourse to administrative offences to such an extent that it has been developing considerably this institute instead of having resort to other forms of Public Law offences, notably criminal offences? The purpose of this Article is to compare and contrast administrative offences to other offences contained in Public Law and civil damages in Private Law, and attempt to understand when the legislature thinks that it is best to appropriately utilise administrative offences in lieu of other Public Law offences in the Maltese legal system.