The Constitution of Malta and rent controls

Abstract

For over fifteen years Malta stood out in Europe as the country most persistently condemned by the European Court of Human Rights (ECtHR) for violating landlords' property rights under its rigid rent control regime. Despite repeated judgments, the Maltese Constitutional Court was slow to respond, often weighing broader social considerations, such as the protection of sitting tenants and the State's financial stability, alongside constitutional reasoning, a cautious approach that nevertheless drew criticism from the ECtHR. This book traces how Malta moved gradually and under sustained international pressure from reluctance and delay towards closer compliance with Strasbourg's standards. It examines why the Constitutional Court proceeded cautiously, how this approach nonetheless prolonged injustice and what this experience reveals about the inherent challenges of constitutional interpretation in Malta. Far more than a narrow study of rent control, this work offers a window into the limits of constitutional justice when courts seek to balance legal principle with political and social realities. Finally, it asks whether Malta's constitutional framework as it stands is fit for purpose and whether a stronger culture of rights protection is required.