A number of minor infringements of the law such as minor traffic offences (parking violations, etc.), illegal disposal of litter, tenancy, etc., are penalised and are heard by Commissioners of Justice in Local Tribunals situated in various localities. The Commissioners are selected from among persons holding a law degree and given a three year appointment. As the offences have been depenalised the case may be decided even in the absence of the accused. Appeals are only possible on points of law.
The Small Claims Tribunal is presided by an adjudicator who decides cases on principles of equity according to law. Adjudicators are appointed from amongst advocates for a term of five years. Adjudicators decide cases brought before them without delay. The aim is to have claims not exceeding the sum of €5,000 decided summarily. Sittings of this Tribunal are held in Malta or Gozo. An appeal from the decision of the Tribunal lies to the Court of Appeal on specific cases listed in the Act establishing the Tribunal.
On the 1st January 2009 (L.N. 345 of 2008) the provisions of Chapter 490 of the Laws of Malta, the Administrative Justice Act, came into force. The aim of this act is to provide for Administrative Justice in Malta. This act provides for the setting up of the Administrative Review Tribunal, its constitution, the Chairman, sections, panels of assistants, registry, procedure and appeals from decisions of the Administrative Review Tribunal. The Administrative Review Tribunal is an independent and impartial tribunal applying the principles of good administrative behaviour.
This Tribunal is set up for the purpose of reviewing administrative acts. It consists of a Chairperson appointed for a period of four years by the President of Malta acting on advice of the Prime Minister. The Tribunal is assisted by two assistants and holds sittings in Malta and Gozo.
Administrative acts include the issuing by the public administration i.e. the government of Malta including its Ministries and departments, local authorities and any body corporate established by law of any order, license, permit, warrant, authorization, concession, decision or refusal to any demand of a member of the public. Any party to the proceedings before the Tribunal who feels aggrieved by a decision of the said Tribunal may appeal to the Court of Appeal sitting either in its superior or its inferior jurisdiction.
The European Small Claims Procedure Regulation – Regulation (EC) No 861/2007 established a European Small Claims Procedure. The provisions of this Regulation came into force on the 1st January 2009. The aim of this Regulation is to simplify and speed up the settlement of cross-border litigation on small claims. It applies to civil and commercial matters where the claim does not exceed € 5,000. This procedure is a written procedure. The claimant shall commence this procedure by filling in a standard claim Form A including a description of evidence supporting the claim. After receiving the properly filled claim form the court or tribunal shall fill in Part 1 of the standard answer Form C. A copy of the claim shall be served on the defendant and shall be dispatched within 14 days. The defendant shall submit his response within 30 days of service of the claim. The claim form shall be submitted in the language or one of the languages of the court or tribunal.
The Forms are available online on the website of the European Judicial Atlas on this link and in the Civil Courts Registry. In Malta, the Small Claims Tribunal hears and determines claims arising under the European Small Claims Procedure Regulation.