The law of Malta incorporates continental law, common law and local traditions, such as Code de Rohan. A municipal code was enacted in 1784 [1] and replaced in 1813. [2] Maltese law has evolved over the centuries and reflected the rule of the context of the time. At present Malta has a mixed-system codification, influenced by Roman law, French Napoleonic Code, British Common Law, European Union law, international law, and customary law established through local customs [3] [4]
The constitution of 1964 [5] replaced that of 1961.
The legislature is the Parliament of Malta.
Legislation [6] includes codes [7] and Acts of Parliament. [8] Legislation once included the bando [9] and prammatica [10] (or pragmatic). [11]
Collections of law reports include:
There are Superior Courts, [15] [16] including the Court of Appeal, the Court of Criminal Appeal and the Constitutional Court. [17] [18] There was a Supreme Council of Justice. [19] There is a Chief Justice of Malta.
Practitioners include legal procurators and advocates. [20] [21]
Legislation has included the Criminal Code [22] of 1854 [23] (c 9), the Criminal Code (Amendment) Act 1963, the Criminal Code (Amendment) (No. 2) Act 1963, the Criminal Code (Amendment) Act 1966 (No 43), the Criminal Code (Amendment) Act 1967 (No 2), the Criminal Code (Amendment) (No. 2) Act 1967 (No 25), the Criminal Code (Amendment) Act 1972 (No 33), the Criminal Code (Amendment) Act 1973 (No 2), the Criminal Code (Amendment) (No. 2) Act 1973 (No 3), the Criminal Code (Amendment) Act 1974 (No 4), and the Criminal Code (Amendment) (No. 2) Act 1974 (No 8).
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
A regulation is a legal act of the European Union which becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter. Despite their name, Regulations are primary legislation than regulatory delegated legislation; as such, they are often described as "Acts".
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are almost completely statutory in nature.
The Criminal Assets Bureau (CAB) is a law enforcement agency in Ireland. The CAB was established with powers to focus on the illegally acquired assets of criminals involved in serious crime. The aims of the CAB are to identify the criminally acquired assets of persons and to take the appropriate action to deny such people these assets. This action is taken particularly through the application of the Proceeds of Crime Act 1996. The CAB was established as a body corporate with perpetual succession in 1996 and is founded on the multi-agency concept, drawing together law enforcement officers, tax officials, social welfare officials as well as other specialist officers including legal officers, forensic analysts and financial analysts. This multi-agency concept is regarded by some as the model for other European jurisdictions.
Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.
The Russian Criminal Code is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes. Most of the other chapters were already amended to correspond to new Russian realities.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBT community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.
The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.
Din l-Art Ħelwa is a non-governmental and non-profit, voluntary organisation founded in 1965 by Maltese Judge Maurice Caruana Curran to safeguard Malta's cultural heritage and natural environment. Since its foundation, Din l-Art Ħelwa has restored numerous cultural sites of historic and environmental importance and currently has the guardianship of a number of them. Many of the sites are open to visitors and for events, all thanks to an army of dedicated volunteers. The organisation promotes the preservation and protection of historic buildings and monuments, the character of Malta's towns and villages, and places of natural beauty. It is very active in campaigning against proposed construction which infringes planning laws or policies, and regularly objects to planning applications, taking legal action to halt development in some cases. The NGO stimulates the enforcement of existing laws and the enactment of new ones for the protection of Malta's natural and built heritage.
Abortion in Malta is illegal except in cases where the life of the pregnant woman is at risk. Until 2023, it was illegal without exception. Malta has the most restrictive laws regarding abortion in Europe with the law in Malta held to be influenced by Roman Catholic Christianity, which formed part of the identity of 82% of the population according to the 2021 census.
The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law.
The law of Albania is civil law.
The law of Luxembourg is civil law. From the Tenth Century to the Fifteenth Century the law of the Grand Duchy was customary law.
The law of Romania is civil law.
The law of the Slovak Republic is civil law.
Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent. The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by narcotics such as date rape drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts, to coerce them into continuing a relationship or to punish them for ending one, to silence them, to damage their reputation, and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence, as well as a form of sexual abuse.
Women in Malta refers to, amongst others, the social status of women in the Maltese society in different context of Maltese history, past and present.
The law of Hungary is civil law. It was first codified during the socialist period.
This article provides an overview of marital rape laws by country.