Maltese civil procedure whither general principles

Abstract

The scope of this thesis is to examine and explain the general principles implied, expressed or hidden in our procedural system. This is done firstly by delving though the origins of Maltese procedural law and also by a comparative work to foreign legal systems which have influenced our legislators and judiciary. This thesis examines the fundamental notions of jurisdiction and arbitration and other policies within our civil procedural system. Furthermore, this thesis analyzes the influence of the EU through the application of Article 6 of the European Convention on Human Rights, enforcing the principle of reasonable time, the principle of impartiality and independence of the tribunal, the principle of adverseriality of proceedings and the right to adequate defence amongst other principles thus ensuring a fair hearing. Other general principles include orality and the viva voce characteristic of evidence, publicity of proceedings and the effect of res judicata. This thesis aims to tackle the theoretical, philosophical point of view and the scientific, practical aspect of the fundamental characteristics of the civil Maltese procedural system. Another point which it undertakes to analyze is whether our civil procedural system has other directions except that to reduce numbers.