The FIAU judgments ; a critical legal analysis

Abstract

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 interpretation departs from prior case law affirming that criminal matters must be adjudicated by a court of law from the outset, as required by article 39 of the Constitution, and risks undermining constitutional guarantees of fair hearing and judicial independence.