MEA: allowing regulators to issue fines without court review ‘unacceptable’ and ‘unconstitutional’

Employers have called for a rethink on amendments moved by the government to the Interpretation Act.

The Malta Employers Association said the amendment Bill went against the principles of due process and deprived the Court of Justice of its fundamental role to prosecute any criminal offences without interference from regulatory authorities, who should not have the right to impose criminal sanctions.

The amendment proposes to allow administrative fines issued by regulators to be interpreted as criminal punishment without the need to go to court for review. “The backlog in the law courts should not be an excuse to bypass the justice system which is enshrined in our Constitution,” the MEA said.

The MEA said that allowing public officers and authorities to impose penalties that go beyond administrative fines is unacceptable and unconstitutional. The association added that such measures could lead to massive corruption and instances of a gross miscarriage of justice.

“Besides being intrinsically wrong, what is being contemplated could send a wrong message to potential investors and cause further harm to Malta’s reputation,” the MEA said.

Previously the Nationalist Party called on the Justice Minister to withdraw the bill, arguing it detracts from the fundamental right to a fair hearing due to its unconstitutional nature. PN MP Adrian Dellia has also warned that he would challenge an amendment to the Interpretation Act in the Constitutional Court if it is passed in parliament. 

READ MORE: PN warns changes to Interpretation Act are unconstitutional, asks minister to withdraw Bil