Access to justice : a real or a fictitious human right? : an analysis of civil judicial costs in Malta

Abstract

Adequate and effective access to justice is fundamental in ensuring that individuals protect their rights. Citizens who wish to safeguard their rights through a Court judgment incur judicial costs of proceedings. However dispute resolution through Court judgments, should not be heavily taxed in a way that would hinder individuals from seeking justice. Restriction or nonapplication of the right of access to justice, ultimately goes against Dicey’s doctrine of the rule of law, which is a fundamental doctrine in any democratic country. The purpose of this study is to determine whether the right of access to justice, as enshrined in the Maltese Constitution and the European Convention on Human Rights, is upheld in Malta, against the present tariffs of judicial and legal costs. In this dissertation, the fees relating to the trial of causes and advocate fees of the First Hall Civil Court and the Civil Court Family Section, are examined and compared with national statistical information. It was found that certain categories of the population namely, those who have a yearly income that is less than the national average disposable income, persons who are older than 65 years, single persons, unemployed, persons with a low level of education and those who do not qualify for legal aid, have more limited means to pay Court and legal costs than others. Whilst individuals who have a substantial yearly income and other persons who qualify for legal aid, are in a better position to access justice, there are still some categories of persons, who would find it more difficult to have access to justice. Some recommendations were finally put forward, to increase the possibility for such categories of the population to have access to justice.