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The News

Court justifies criminal conviction for refusal to hand over information (ECHR)

2 November 2010, Strasbourg; ref: applic. 41723/06. The case concerned a university professor's criminal conviction, for refusing to comply with a court decision granting access to his research. This applicant's claims were dismissed.


'Justice must not only be done, but appear to be done' (Court of Appeal, Malta)

28 October 2010, Valletta, Malta. Ref: App. Civ. 16/2009. The Hon. Mr Justice Pace annulled a Planning Appeals Board ruling, and sent the matter back to be re-considered, in the process ordering that the Planning Appeals Board must be composed differently 'u dan in omagg tal-principju li l-gustizzja trid mhux biss issir, izda tidher li qed issir...' (p. 11) TRANSLATION 'paying tribute to the principle that justice must not only be done, but must appear to be being done...' (judgement, p. 11).


Comptroller of Customs' position confirmed (Malta Court of Appeal)

29 October 2010, Valletta (Ref: App. Civ. 1045/2005/1). The Court of Appeal upheld the Comptroller of Customs' power to refuse to release a yacht involved in contraband activities, even though the yacht owner was not involved in the illegal activities. The yacht had been confiscated in accordance with the Customs' Ordinance, art. 68.


European Commission adopts strategy to ensure respect for the EU Charter of Rights

19 October 2010, Brussels. The European Commission adopted a strategy to ensure that the EU Charter of Rights, legally binding since the entry into force of the Lisbon Treaty, is effectively implemented.


Court upholds Marriage Registrar's decision not to recognise a marriage (Malta, Civil Court, First Hall)

3 November 2010, Valletta (Ref: Citaz. Nru 16/2010). The First Hall of the Civil Court upheld the Marriage Registrar's decision not to recognise a marriage by proxy carried out in Syria between a Maltese lady and a Syrian man.


Inhuman treatment of persons with disabilities

'Caged beds and other restraints are still used in a number of Council of Europe member states to keep persons with disabilities “under control”...'