Malta [The 2023 Global Review of Constitutional Law]

Abstract

Introduction: The year 2023 was not an especially active one with regard to the Constitution of Malta, and it is perhaps the lack of activity that is particularly notable. Following significant constitutional updates in the years 2020 and 2021, and the realization of some of these changes in 2022, there has been a sense over the last year that the process of constitutional change and improvement in Malta is unfinished. This year’s report highlights the few developments that have occurred during 2023, as well as a number of important constitutional cases with which the Maltese courts have been faced over the past 12 months. Chief amongst these is the case of Michael Christian Felsberger et v. TSG Interactive Gaming Europe Ltd, in which a Maltese court asserted the supremacy of the Constitution of Malta over a conflicting provision of EU Law. The piece also identifies further ways in which reform is needed as Malta celebrates sixty years since its independence.