Rule of Law u l-Prim Imħallef

16 Nov Rule of Law u l-Prim Imħallef

”To sum up, the interpretation of Salduz by the Constitutional Court of Malta is in breach of the “constitutional instrument of European public order” and its “peremptory character” . . . . Be that as it may, in the light of the repetitive findings of violations of Article 6 § 3 (c) of the Convention by this Court, the Maltese Constitutional Court should correct its trajectory and return to its initial Convention-friendly interpretation of Salduz. For the purposes of this case, it should be reiterated that a retrial is the most appropriate remedy . . . ” – Mario Borg vs Malta, European Court of Human Rights