The notion of “public authority” in judicial review actions under Article 469A, Cap. 12

Abstract

The rules relating to judicial review of administrative acts are found in article 469A of the Code of Organization and Civil Procedure. The provisions are mainly based on English Common law as regards to grounds of review; but they apply only to public authorities, and unlike the English legal position, a respondent can only be a public not a private entity. Article 469A is absolutely clear as to who may be a respondent to such an action, that is to say, which part of the public sector is considered to be bound by the rules of judicial review. A 'public authority' - the only possible respondent in such an action - according to sub-article (2) means 'the Government of Malta, including its Ministries and departments, local authorities, and any body corporate established by law.' The public sector in Maltese administrative law and practice may be divided into three categories or sections: