Resolution CM/ResDH(2026)52
Execution of the judgments of the European Court of Human Rights
Four cases against Malta
 
(Adopted by the Committee of Ministers on 8 April 2026
at the 1556th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
73182/12
VELLA
27/02/2018
27/02/2018
14615/19
mattei AND OTHERS
17/06/2021
17/06/2021
30806/19
BALDACCHINO AND FALZON
14/10/2021
14/10/2021
45720/19
HYZLER AND OTHERS
09/12/2021
09/12/2021
 
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
 
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of deficiencies in the Maltese rent control legislation and lack of effective remedies thereof;
 
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
 
-          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
-          of general measures preventing similar violations;
 
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
 
Having examined the action plan provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1170);
 
Considering that the question of individual measures was resolved, given that the properties in question have been vacated by the protected tenants;
 
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Apap Bologna and Amato Gauci groups of cases also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to deficiencies in the Maltese rent control legislation and lack of effective remedies thereof;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
 
CONCLUDES that the question of individual measures has been resolved;
 
DECIDES to continue to supervise the adoption of the necessary general measures concerning deficiencies in the Maltese rent control legislation and lack of effective remedies thereof in the Apap Bologna and Amato Gauci groups of cases;
 
DECIDES to close the examination of these cases.