1. General
1.1 General Characteristics of the Legal System
The Maltese legal system has developed into a mixed legal
system. In private law matters it is largely a jurisdiction based
on the Civil Law tradition; however, decades of British rule
exposed the Maltese legal system to English law in various aspects
of public law and the law of civil and criminal procedure.
Consequently, many branches of contemporary Maltese law are
influenced by English law, ranging from public law to company law,
fiscal law and maritime law.
The legal system primarily follows the adversarial model, but
there is some flexibility for judges to intervene at various
stages, although not typically in an inquisitorial manner as is the
case in most continental European jurisdictions. The legal process
is conducted in both written and oral form, and submissions may be
made orally and in writing.
