A working group has been established for the review of the Civil Code, the Ministry for Justice said in a statement on Tuesday. It said that this specialised body will be tasked with reviewing the laws within the Civil Code and the Code of Organisation and Civil Procedure.
Minister Jonathan Attard said that the working group has been appointed with the role of studying and making a number of recommendations on various aspects related to the civil law of Malta. He continued that this group will be chaired by Judge Emeritus Tonio Mallia, “who will certainly be making a contribution in terms of reforms intended to lead to more effective justice and increasingly efficient procedures in our courts,” Attard commented.
Aside from Mallia as Chairperson, the working group consists of lawyers Carlos Bugeja, Kurt Xerri (not in photo), Ivan Meli, and Carina Nagiah, who will serve as the group's secretary.
This initiative, the Ministry stated, is distinct from the work being done in the reform of the family court, and aims to ensure that various laws in the civil field reflect and address the jurisprudence and the socio-economic situations and technology of the Malta of today while also establishing clarification and consistency in the laws.
It continued that this is due to the Civil Code and the provisions related to the procedures having been designed in a time with a very different socio-economic context from that of today. The Ministry added that while the fundamental principles aim to be universal and long-lasting, certain provisions have not been amended since the 1870s. It commented that such provisions, which are creating challenges when applied in today’s circumstances, can also create a lack of clarity and inconsistencies in their judicial interpretation.
The Ministry stated that the working group, with discussions with various stakeholders, will be putting forward recommendations for revisions in the code. It said that some of the main objectives which will drive the recommendations include analysis which identifies strengths, weaknesses, and opportunities in the code and proposes targeted recommendations to increase efficiency. It continued that there will be a reflection of current judicial positions in order to address inconsistencies between laws and judicial interpretations, as well as a clarification of ambiguities by identifying provisions that are unclear or conflicting.
It continued that provisions will be modernised in an adaptation to social change so that they reflect the values, norms, and realities of life in Malta today. It concluded its point of objectives by speaking about improving efficiency by proposing simplified procedures as well as adapting the code to address emerging challenges related to technology and new legal developments.
Attard concluded by saying that the Justice Ministry is committed to supporting the role of this working group and is looking forward to the recommendations which will be brought forward, as he remarked that those recommendations will serve as a foundation for significant legislative reforms.