Proposed Amendment To Legislation - Setting Up The Industrial Tribunal

The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development (MCESD), and prepare legal amendments aimed at strengthening the guarantees of independence and impartiality of the Industrial Tribunal.

On the 12th February 2016, the Constitutional Court upheld a ruling, which had been given last year by Madam Justice Anna Felice in the First Hall Civil Court, in its constitutional jurisdiction. According to the said ruling confirmed by the Constitutional Court, the Law establishing the Industrial Tribunal is unconstitutional since this Law does not guarantee impartiality and independence and also includes several provisions in breach of the right to a fair hearing.