Expropriations under Maltese Law

Abstract

This article offers a structured account and evaluative critique of expropriation under Maltese law, tracing its transition from the fragmented colonial framework of Chapter 88 to the codified regime of Chapter 573. Grounded in the dual constitutional and human rights guarantees of Article 37 of the Constitution of Malta and Article 1 of Protocol No. 1 of the ECHR, the study maps out the boundary between the deprivation of property and control of use. It examines the evolution of "public purpose" judicial review, details prospective and historic remedial pathways for landowners (including Articles 41, 63, 64, 65, and 67), and critically analyzes valuation rules, interest calibrations, court cost allocations, and the "ceiling rule" constraints imposed on the Lands Arbitration Board. Testing domestic jurisprudence against Strasbourg's "fair-balance" standard, the analysis serves as a doctrinal map aimed at improving consistency, transparency, and timeliness in Maltese expropriation practice.