Justice in expropriation : assessing fairness of the Maltese legal system

Abstract

This dissertation analyses the concept of fairness within the Maltese legal system governing expropriation, assessing the extent to which the law balances the demands of public interest with the protection of private property rights, with specific consideration given to the role of compensation as a main safeguard against State interference. This study traces the historical development of expropriation law, from the early legislative framework to the Land Acquisition (Public Purposes) Ordinance (Chapter 88), and ultimately the Government Lands Act (Chapter 573). It identifies structural shortcomings under Chapter 88, including excessive delays in compensation, restricted access to proceedings, rigid valuation methods, and the wide discretionary powers afforded to the State. These deficiencies are examined through an analysis of both domestic and European Court of Human Rights jurisprudence, specifically in view of the principles of proportionality and fair balance under Article 1 of Protocol No.1 and the “reasonable time” requisite under Article 6(1) of the European Convention on Human Rights. It critically analyses the wide definition of public purpose and public interest, demonstrating how their flexible interpretation has allowed extensive State discretion. Additionally, legislative reforms, particularly Act XVII which introduced the Government Lands Act, that addressed the shortcomings of Chapter 88 are evaluated. It highlights major improvements such as enhanced procedural protection, the abolishment of public, the introduction of a ten-year limit on possession and use, and mechanisms allowing owners to start proceedings and secure compensation. However, it acknowledges the persistence of certain elements of the regime, specifically in relation to valuation methods. Ultimately, the dissertation concludes that although the Maltese expropriation framework has evolved towards greater fairness and alignment with human rights standards, it remains an evolving system, depending on how the reformed laws are applied in practice.