A leaner path to justice | Veronique Dalli

Veronique Dalli is a lawyer

The recent amendments to the Small Claims Tribunal Act may not draw much public attention, but mark a practical step forward in improving Malta’s justice system.

The Small Claims Tribunal is designed to handle straightforward disputes quickly and affordably, without the need for legal representation. It covers issues such as unpaid invoices, unfinished works, or minor property damages involving amounts up to €5,000. The new law doubles this limit to €10,000, a seemingly simple change with major implications for citizens, businesses, and the courts.

Currently, nearly half of civil cases filed before the Magistrates’ Courts involve claims between €5,000 and €10,000. Shifting these to the tribunal, will free magistrates to focus on complex civil and criminal cases, while giving the public a faster, simpler, and affordable route to justice.

This builds on recent progress. Appeals that once took four or five years are now being decided within a year, a major improvement. The latest reform continues this momentum by halving the load on magistrates, who often juggle minor disputes with serious criminal proceedings, sometimes on the same day. Small cases take up the same courtrooms, magistrates, and administrative resources as major trials, inevitably creating backlogs. Allowing the tribunal to handle claims up to €10,000, introduces a more rational distribution of judicial work.

Beyond expanding its jurisdiction, the reform also modernises the tribunal’s procedures. It eliminates the need for physical hearings, allowing cases to be conducted fully online when possible. This saves time and resources, reduces courtroom congestion, and spares citizens the inconvenience of taking leave from work or searching for parking. When hearings are required, it is encouraged to be held via videoconference, which is another small yet an impactful efficiency.

These adjustments make justice faster, less intimidating, and more affordable. Court fees before the Magistrates’ Courts can deter people from pursuing legitimate claims, but the tribunal’s minimal costs make justice accessible to all. Disputes once abandoned for financial reasons can now be resolved through this streamlined process.

The benefits are twofold: Citizens and small businesses get quicker resolutions, while the courts gain breathing space. The result is less bureaucracy, fewer delays, and greater trust in the justice system.

Malta’s reform also aligns with European best practices. Countries such as the Netherlands and Luxembourg assign low-value civil disputes to specialised tribunals with thresholds even higher than Malta’s new €10,000 limit. The chief justice has already expressed support for the approach being taken by the justice minister, recognising it as part of a broader strategy focused on specialisation and efficiency.

While these amendments are not revolutionary, they represent a meaningful and well-targeted reform. The biggest improvements in governance do not come from rewriting constitutions, but from fixing small things effectively. This reform does exactly.