The amendments to the lease provisions of band clubs in the Civil Code : a critical assessment

Abstract

The objective of this dissertation is to shed light on the amendments to the Civil Code specifically relating to lease agreements pertaining to band clubs. Due to the recent amendments by virtue of Act XXVII of 2018, it addresses the constitutionality of such legislation and the previous laws which led up to such amendments. It places significant importance on salient case law which led up to the need for legislation in the area such as Sean Bradshaw et vs L-Avukat Generali et which critically analyses the definition of a club and the stringent laws under Chapter 69 of the Laws of Malta. Furthermore, a specific focus is placed on the landmark judgement of Lanzon Carmen Mary et v. Boffa Joseph due to it being the first court judgement to be overturned by an amendment to the law, placing an obligatory lease agreement on the landlords irrelevant of what the Court decided. It shall address the implications that this judgement shall have on future cases as well as the repercussions of the new amendments, specifically with regards to the rule of law. Moreover, the stance taken by the European Court of Human Rights shall be discussed, highlighting the wording found within the law and discussing whether such amendments follow the fundamental principles enshrined within the European Court. The principle of proportionality shall be delved into along with the author’s critical analysis regarding such amendments and alternative solutions which may have been introduced.