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October 1, 2012
Malta is set to host the 5 + 5 Summit next Friday and Saturday. The Summit sees the coming together of 10 Mediterranean nations under one banner to discuss various pressing issues and communal concerns. Since the Arab Spring uprising of 2011 there has not been a collaborative meeting of this nature between these states. It is likely that this may be a central theme of the weekend.
Overview
The 5 + 5 Summit meetings, held on the 5th and 6th of October, will tackle relations between the countries, focussing on political and economic cooperation. Something Malta lawyers will be very interested in observing. Security issues, in response to active tension between Arab and North African countries will also form a large part of the talks. Security issues, in response to active tension between Arab and North African countries will also form a large part of the talks.
Participants
The 10 western Mediterranean nations participating in the 5 + 5 Summit this year are France, Italy, Malta, Portugal and Spain, with African countries being represented by Algeria, Libya, Mauritania, Morocco and Tunisia.
History
The initiative was originally started in the 1980’s by French President François Mitterrand and after a hiatus of a few years was re-launched by Italian President Bettino Craxi. Know then as the 4 + 5 Summit, when Malta joined in 1991 as the 10th nation it was changed to the 5 + 5 Summit. The forum has not been held since 2003, when Ben Ali and Muammar Gaddafi of Libya and Tunisia respectively were in power.
Malta 2012
With economic integration such a prominent feature of the dialogue it’s likely that elements of Malta company law will be assessed post talks. This year’s 5 + 5 Summit will welcome French President, Francois Hollande and Italy’s Prime Minister, Mario Monti. Mauritanian President Mohamed Ould Abdel Aziz will also be present amongst other significant leaders.
June 22, 2012
It has come to the attention of law courts in Gozo that security is in dire need of an upgrade. Currently the design is that law courts in Valetta are all kitted out with upgraded scanners and x-ray machines, but since 1995 was when older equipment was circulated out and Gozo currently relies on a scanner that was bought during that time. Seventeen years is more than enough reason to seek an upgrade. The reason for security may not be due to Malta tax cases being heard in the law courts but serious security concerns are more necessary for volatile cases involving more vigorous suspects.
Currently law court hearings are semi-naked in that the scanner and a frisking are only used in situations where the need arises although an x-ray machine would make the process much more convenient and manageable overall. Labour MP and lawyer Justyne Caruana demonstrated just how ineffective the scanner alone can be when keys in her pocket failed to be detected. The terms of how law courts deal with security was a concern that was highlighted as a result. Law courts in Malta deal with many different functions such as approving Malta permanent residence, marriage documents processing and business establishment; this above criminal law but regardless security should always remain an important issue.
With so many highlighting the need for security, it was made clear that the government of Malta were working on upgrading the Gozo law courts currently. The plan is to buy a new scanner and that an x-ray machine is being seriously considered pending a discussion by ministers Christopher Said and Giovanna Debono. Currently the question about law courts and security is a parliamentary one and was brought about by the same Labour MP and lawyer that highlighted the ineffective scanners with her keys; we are assured though that the considerations are of the highest priority.
June 13, 2012
As society evolves so too should the laws that govern society; one shining example of this is Malta law and it’s government. There are many barriers that often challenge lawmakers from moving forward with law in that the natural progression or evolution of society happens as a precedent to law needing to change but unfortunately there exists a push and pull for both sides. While many stand on the side of pushing law forward with society there are others who will try to keep the law as is because it’s felt that they are protecting the law. Both sides are valid but it’s clear that Malta law, be it company or tax, strives to be a leader in the EU and the world.
Within the EU, Malta gaming law is a pioneering example of adopting a less than conventional law first in order to benefit the economy as a whole. The history of Malta goes back centuries and to appreciate your roots while encouraging law firms in Malta to evolve the law is an admirable quality. Although the traditions of the country are respected and held high, the purpose of the law and its equal protection of all people means that often difficult decisions need to be made; Malta government is not afraid to make these decisions and serves as an example to other lawmakers. Advocates in Malta remain forthright and helpful in upholding the law but also challenging it when needed. An example of these developments is how Malta handled tax law which saw an increase in foreign investment contributing to it being a strong economic performer despite its size in the EU.
Recently the divorce law was amended in Malta which for many may have seemed like decades too late, but the fact that such an established law was amended shows the commitment of Malta law to evolve as a typical family model would in society. Discussions about evolving family law in Malta are also underway which further proves the nature of government in the island nation. Malta law protects the employment, well-being and protection of all its citizens as it balances that with staying in touch with social progression and this is a quality that any country in the world would benefit from. The law of Malta does a good job of balancing tradition, society and business; this is a positive example to all of us.
May 31, 2012
It has been one year since Malta law was amended and a non-binding referendum was held with the outcome being that divorce in Malta would be legalised.
Malta, a predominantly Catholic state was well known throughout Europe and the World as the only country in the EU whose law did not accommodate for divorce and only the second in the world (apart from the Philippines) who forbade the practice. The country has since shaken off that title and favourable Malta tax laws and beautiful scenery may just have become Malta’s standout characteristics since then.
72% of the Malta electoral committee originally made their mark in deciding whether Malta law should legalise divorce in the Country and although Prime Mister Lawrence Gonzi voiced his disapproval of the result, he conceded that the law needed to be respected by all citizens of Malta, given the democratic process that led to its acceptance.
The last country to legalise divorce was Chile in 2004. In the past legal separation could be applied for through Malta law courts or a Church annulment could be requested, but this was a process that could take up to nine years.
247 couples have been granted divorce since the law was officially introduced in October 2011 and since Malta law has opened up to changes and new court activity has been witnessed, one can only wonder what the next bit of pressure on the system will be. It seems as though same-sex marriage may just be that next topic of legal conversation. A statistical survey that was recently conducted on citizens with Malta permanent residence has shown that 41% of people in Malta are in favour of a same-sex marriage law being passed and that 60% of people under 35 agree that Malta law should welcome same-sex marriage.
Malta Law firms have needed to adapt their family law departments, as they have done with tax law in the past. Although some people believe that this law has only increased the predisposition for people to file for divorce, others are happy that Malta law is on the same page as the rest of the world regarding this issue.
April 13, 2012
Turkey’s move to become a full-member of the EU has received unconditional support from Malta law and political segments. Meeting all the requirements of the EU, the island coast has noted that there is no reason why Turkey’s application shouldn’t be accepted. Aside from Malta’s business links to the Turkish state, Maltese Deputy Prime Minister and Minister of Foreign Reforms Tonio Borg has stated that Turkey’s latest reforms and changes should ultimately determine whether their accession into the EU is successful.
Borg has been in communication with Chief Negotiator of EU Affairs in Turkey, Egemen Bagis. The two have specifically been talking about ways in which Malta and Turkey can further increase their trade and investment relationship despite ongoing Visa issues. Previously being able to enter Malta without a Visa, Turkish citizens are now unable to do so as a result of Malta’s EU membership.
Both countries have maintained excellent relations over the past couple of years. Established over a long period of time, their diplomatic amity was first formed in 1967, with Turkey opening their first embassy in Malta in 2009. Their recent move to strengthen bilateral relations is a transparent indication that they are trying to strengthen their economic ties. Borg has mentioned that Malta and Turkey are looking towards their maritime and Malta iGaming sector to increase their €70 million euro trade exchanges.
Malta’s support of Turkey is the outcome of previous promises made between the countries. Borg’s hope that Turkey will receive full membership in the EU echoes Malta’s political stance which intends to develop the island’s diplomatic ties with the Turkish Republic.
Big news for European Law as Malta hopes to find itself a permanent member of the European Public Law Organisation after the Deputy Prime Minister and Minister of Foreign Affairs, Tonio Borg, announced plans for Malta’s application. This came about at the second annual EPLO Malta Conference; considering the timing and the venue the announcement is apt and perhaps not a surprise. It was explained by Dr. Borg that becoming a member of the EPLO would be a benefit to Malta since it would offer economic growth and development through the analysis and review of public European law in a way to promote European values. These include aspects of tourism law, Malta residence law and other topics of interest that make a massive difference to the country in relation to the rest of Europe. The adopting of many European law journals should become relevant to Malta now.
As well as the benefits to Malta as a country, the overall bigger picture is a greater integration into the European law climate as a whole; revision is imminent. While Malta is a member of the European Union, the EPLO also encourages co-operation with other European organisations and institutions as well as the United Nations which opens the worldwide stage too. Malta law firms as well as European law firms will benefit from the application as well because of their expanding territories and the precedents that might be adopted by Malta making the translation of law easier to understand from a judicial point of view; the European law institutes will more than likely also adopt considerations from Malta since the process goes both ways. It isn’t clear what this means to the association of Europeans lawyers to Malta ones, but it is without a doubt a positive boon for all.
The EPLO Malta Conference concluded recently after two days were put aside to discuss the future of the new economic governance of Europe; the floors were opened for debate in topical areas that relate to European law and economic regulators.