Chapter 490 – Administrative Justice Act
What is this act about?
Din il-liġi tistabbilixxi qafas għall-ġustizzja amministrattiva f'Malta, billi tistabbilixxi prinċipji ta' mġiba amministrattiva tajba u tistabbilixxi Tribunal ta' Reviżjoni Amministrattiva.
Who it applies to: It-tribunali amministrattivi kollha elenkati fl-Ewwel Skeda; Il-pubbliku li jfittex reviżjoni ta' atti amministrattivi mill-amministrazzjoni pubblika.
At a glance
- Country
- Malta
- Area of law
- Procedural law
- Articles
- 25
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- Il-prinċipji ta' mġiba amministrattiva tajba li t-tribunali amministrattivi għandhom jirrispettaw.
- Il-kostituzzjoni u l-funzjonament tat-Tribunal ta' Reviżjoni Amministrattiva.
- Ir-reviżjoni ta' atti amministrattivi mill-amministrazzjoni pubblika.
- Il-proċeduri u l-kompożizzjoni tat-Tribunal ta' Reviżjoni Amministrattiva, inklużi l-Presidenti u l-assistenti.
Who does this act apply to?
- It-tribunali amministrattivi kollha elenkati fl-Ewwel Skeda.
- Il-pubbliku li jfittex reviżjoni ta' atti amministrattivi mill-amministrazzjoni pubblika.
What are the key points?
- It-tribunali amministrattivi għandhom jirrispettaw id-dritt għal smigħ ġust, inklużi l-prinċipji ta' *nemo judex in causa sua* u *audi et alteram partem*.
- Id-deċiżjonijiet tat-tribunali amministrattivi għandhom jingħataw fi żmien raġonevoli u għandhom jinkludu r-raġunijiet għall-ġudizzju.
- It-Tribunal ta' Reviżjoni Amministrattiva jista' jirrevedi atti amministrattivi kemm fuq punti ta' liġi kif ukoll fuq punti ta' fatt.
- Azzjoni biex jiġu riveduti atti amministrattivi għandha tiġi ppreżentata fi żmien sitt xhur mid-data meta l-persuna interessata saret taf jew setgħet saret taf bl-att amministrattiv.
Procedural law
Legal text
Legal text
ADMINISTRATIVE JUSTICE
CHAPTER 490
ADMINISTRATIVE JUSTICE ACT To provide for Administrative Justice in Malta.
15th June, 2007;
1st January, 2009 ACT V of 2007, as amended by Legal Notices 246, 334 of 2009, 337 of 2010; Act VI of 2011; Legal Notices 326 of 2011, 402 of 2012, 163, 443 of 2013; Act IV of 2016 and Legal Notices 5 of 2018, 9 of 2019 and Acts VII and XVII of 2022 and XXXIII of 2023 and XVII , XVI and XIX of 2024 and Legal Notices 191 ,266, 282 , 313, 314, 315 , 316, 335, 336 and 375 of 2024 and 81, 83, 94, 191, 208,222 ,226 and 271 of 2025, Act XXXVIII of 2025 and Legal Notice 5,and 104 of 2026.
Art. 1
The short title of this Act is the Administrative Justice Act.
Short title.
PART I
Preliminary Provisions
Art. 2
In this Act, unless the context otherwise requires - Interpretation. "administrative act" includes the issuing by the public administration of any order, licence, permit, warrant, authorisation, concession, decision or a refusal to any demand of a member of the public, but does not include any measure intended for internal organisation or administration within the said public administration; "Administrative Review Tribunal" means the Administrative Review Tribunal established by article 5(1); "administrative tribunal" means a tribunal listed in the First Schedule; "the Minister" means the Minister responsible for justice; "p rinciples of g ood admi nist rative behaviour" means t he principles of good administrative behaviour listed in Part II of this Act; "public administration" means the Government of Malta, including its Ministries and departments, local authorities and any body corporate established by law; "the Secretary" means the Secretary of the Administrative Review Tribunal.
PART II
Administrative Tribunals
Art. 3
ADMINISTRATIVE JUSTICE natural justice, namely: (i) nemo judex in causa sua, and (ii) audi et alteram partem; (b) the time within which an administrative tribunal shall take its decision shall be reasonable in the light of the circumstances of each case. The decision shall be delivered as soon as possible and for this purpose the tribunal shall deliver one decision about all matters involved in the cause whether they are of a preliminary, procedural or of a substantive nature; (c) an administrative tribunal shall ensure that there shall be procedural equality between the parties to the proceedings. Each party shall be given an opportunity to present its case, whether in writing or orally or both, without being placed at a disadvantage; (d) an administrative tribunal shall ensure that the public administration makes available the documents and information relevant to the case and that the other party or parties to the proceedings have access to these documents and information; (e) proceedings before an administrative tribunal shall be adversarial in nature. All evidence admitted by such a tribunal shall, in principle, be made available to the parties with a view to adversarial argument; (f) an administrative tribunal shall be in a position to examine all of the factual and legal issues relevant to the case presented by the parties in terms of the applicable law; (g) save as otherwise provided by law, the proceedings before an administrative tribunal shall be conducted in public; (h) reasons shall be given for the judgment. An administrative tribunal shall indicate, with sufficient clarity, the grounds on which it bases its decisions.
Although it shall not be necessary for a tribunal to deal with every point raised in argument, a submission that would, if accepted, be decisive for the outcome of the case, shall require a specific and express response.
Power of Minister to make regulations to implement provisions of this Part.
Art. 4
The Minister may make regulations to implement and to give better effect to the provisions of this Part of this Act and may, without prejudice to the generality of the foregoing: (a) establish the date of entry into force of the provisions of this Part with regard to any administrative tribunals referred to in the First Schedule that the Minister may by regulations specify; (b) make such amendments, alterations, deletions, repeals, corrections, changes and modifications to any primary law or subsidiary law for the purpose of bringing such primary law or subsidiary law in conformity with the ADMINISTRATIVE JUSTICE provisions of this Part of this Act and may from time to time update the list of administrative tribunals listed in the First Schedule.
PART III
The Administrative Review Tribunal
Art. 5
Administrative Review Tribunal. Amended by: IV. 2016.30.
Art. 6
The Administrative Review Tribunal shall comply with the principles of good administrative behaviour laid down in article 3.
Principles which shall guide the Administrative Review Tribunal.
Art. 7
Review of administrative acts. Substituted by: IV. 2016.31.
Art. 8
ADMINISTRATIVE JUSTICE removed except in the same manner and on the same grounds as a magistrate may be removed.
Such remuneration may not be altered to the disadvantage of a Chairperson during his or her period of office.
Sections of the Administrative Review Tribunal.
Art. 9
Panels of assistants.
Art. 10
Art. 11
ADMINISTRATIVE JUSTICE buildings where the Administrative Review Tribunal shall sit in Malta and in Gozo.
Registry of the Administrative Review Tribunal.
Art. 12
Duties of Secretary.
Art. 13
Appearance before the Administrative Review Tribunal.
Art. 14
Procedure before the Administrative Review Tribunal.
Art. 15
Art. 16
ADMINISTRATIVE JUSTICE without prejudice to the generality hereof, make regulations: (a) setting out the procedure before the Administrative Review Tribunal; (b) setting out the procedure in appeals from the decisions of the Administrative Review Tribunal; (c) establishing the forms that are to be used in proceedings before the Administrative Review Tribunal; (d) establishing the forms that are to be used in proceedings in appeals from the Administrative Review Tribunal; (e) establishing rates of costs in proceedings before the Administrative Review Tribunal; (f) establishing the fees that may be due to the Registry of the Administrative Review Tribunal; (g) establishing the fees that may be due to advocates, legal procurators and other persons representing or appearing before the Administrative Review Tribunal; (h) setting out the duties of Secretary in relation to the Administrative Review Tribunal;
Service of judicial acts. (i) establishing which provisions of the Code of Organization and Civil Procedure, if any, not mentioned in this Act, are to apply to the procedure before the Administrative Review Tribunal; (j) prescribing anything that may or is to be prescribed in accordance with this Part of this Act.
Art. 17
Benefit of legal aid.
Art. 18
Administrative expenses of the Administrative Review Tribunal.
Art. 19
Powers of the Administrative Review Tribunal.
Art. 20
ADMINISTRATIVE JUSTICE
Art. 21
Minister to make regulations to implement provisions of this Part of this Act.
PART IV
Appeals from decisions of the Administrative Review Tribunal
Art. 22
Right of appeal.
Provided that the Minister may make regulations to implement and to give better effect to these provisions of this Part of this Act and may, without prejudice to the generality of the foregoing, make such amendments, alterations, deletions, repeals, corrections, changes and modifications to the Second Schedule and to any primary law or subsidiary law for the purpose of bringing such Schedule or primary or subsidiary law in conformity with the provisions of this Part of this Act and may from time to time add any other reference to legislation to the Second Schedule which is not mentioned in the said Second Schedule.
Such fee shall cover all Registry fees, including those taxed by the Registrar, Civil Courts and Tribunals, when final judgement is read out in open court.
Powers of the Court of Appeal.
Art. 23
PART V
Miscellaneous Provisions Saving and transitory provision.
Art. 24
Provided that, notwithstanding the provisions of this ADMINISTRATIVE JUSTICE article, proceedings pending before the persons, bodies and administrative tribunals mentioned in subarticle (1) which have been put off for judgment or for final oral or written submissions on the date of the entry into force of this article, shall continue to be heard and decided by those persons, bodies and administrative tribunals and not by the Administrative Review Tribunal.
Art. 25
Jurisdiction.
Amended by:| VI. 2011.167; L.N. 326 of 2011; XVII.2024.15.
ADMINISTRATIVE JUSTICE FIRST SCHEDULE [Article 4] List of Administrative Tribunals Respecting the Principle of Good Administrative Behaviour
Part A - Primary Legislation
Chapter Name of Law Provision Name of Administrative Tribunal Number Number Marriage Legacies Act Commission Lepers Ordinance 2(8) Board Reletting of Urban Property Rent Regulation Board (Regulation) Ordinance Utilities & Services Refers to the Communications Appeal (Regulation of certain works) Board established by the Malta Act Communications Authority Act Agricultural Produce Board of Reference (set up under (Export) Ordinance subsidiary legislation SL 85.01 regulation 27) Land Acquisition Public Land Arbitration Board Purposes Ordinance Department of Health General Services Board (Constitution) Ordinance Developed Land Valuation Board of Special Commissioners for Ordinance Land Valuation Supplies and Services Act 3(1)(e) B o a r d s o r Tr i b u n a l s s e t u p u n d e r subsidiary legislation to take cognisance of offences Housing Act 8(6) and Refers to Rent Regulation Board 12(1) Police Act Police Board Port Workers Ordinance 10 and 12 Ports Disputes Board Enemy Property Act Board of Custodians Agricultural Leases Rural Leases Control Board (Reletting) Act Central Bank of Malta Act 36A Financial Services Tribunal Disabled Persons Appeal to the ‘authority’ set up under Employment Act subsidiary legislation Public Transport (Regulation P u b l i c Tr a n s p o r t L a b o u r B o a r d established by article 30 of the Malta of Employment) Act Transport Authority Act Immigration Act 25A Immigration Appeals Board Civil Aviation (Air Operators Aviation Safety Board Certificate) Act Post Office Act Communications Appeals Board Mental Health Act Mental Health Review Tribunal Building (Price Control) Act Building Price Control Tribunal Commissioners for Justice Commissioners for Justice Act Partition of Inheritances Act Partition of Inheritances Tribunal ADMINISTRATIVE JUSTICE Chapter Name of Law Number Social Security Act Provision Name of Administrative Tribunal Number 107 and Umpire Business Promotion Act Appeals Board Education Act Scholastic Tribunal Malta Financial Services Financial Services Tribunal Authority Act Trusts and Trustees Act Financial Services Tribunal Malta Transport Authority Public Transport Labour Board Act Malta Freeports Act 29(2) Appeals Board constituted under article 28 of the Business Promotion Act Import Duties Act Customs Valuations Appeals Board Employment and Tr aining National Employment Authority Services Act Financial Markets Act Financial Services Tribunal Development Planning Act Planning Appeals Board Duty on Documents and Board of Special Commissioners for Transfers Act Duty on Documents and Transfers Investment Services Act Financial Services Tribunal
Banking Act Financial Services Tribunal Income Tax Management Act Board of Special Commissioners for Income Tax purposes Financial Institutions Act Financial Services Tribunal Consumer Affairs Act Consumer Claims Tribunal Small Claims Tribunal Act Small Claims Tribunal Controlled Companies Appeals Board (Procedures for Liquidations) Act Commissioner Private Guards and Community Officers Act Customs and Excise Tax Act Electronics Communications (Regulation) Act Insurance Business Act Value Added Tax Act Mal ta Tr avel and Tourism Services Act International Protection Act Excise Tax Tribunal Communications Appeals Board Financial Services Tribunal Value Added Tax Appeals Board Tourism Appeals Board Occupational Health and Safety Authority Act Environment Protection Act Wine Act Data Protection Act Trading Licences Act Co-operative Societies Act Producer Organisations Act International Protection Appeals Tribunal Occupational Health and Safety Appeals Board Appeal to the Planning Appeals Board established under Cap.356 Appeals Board Data Protection Appeals Tribunal Licensing Appeals Board Co-operatives Board Producer Organisations Appeals Board ADMINISTRATIVE JUSTICE Chapter Name of Law Provision Name of Administrative Tribunal Number Number Special Funds (Regulation) Financial Services Tribunal Act Mutual Recognition of Mutual Recognition of Qualifications Qualifications Act Appeals Board Employment and Industrial Industrial Tribunal Relations Act Sports Act Sports Appeals Board Medicines Act Appeal to the Medicines Review Board from findings of the Medicines Authority Eco-Contribution Act Eco-Contribution Appeals Board Prevention of Financial Financial Services Tribunal Markets Abuse Act Securitisation Act 19(14) Financial Services Tribunal Insurance Intermediaries Act Financial Services Tribunal .
Repealed by Act XV of 2009.
Part B - Subsidiary Legislation
Subsidiary Name of Subsidiary Law Provision Name of Administrative Tribunal Legislation/ Number Legal Notice Number GN 430 of 28 C i n e m a and Stage Board of Film and Stage Censors September Regulations SL 33.04 Civil Explosives Regulations Second This regulation states that provision Schedule, must be made for an appeal paragraph 5 of 1.
Module B SL 85.01 Potato Export Regulations Board of Reference SL 128.02 L i c e n c e s Procedures Police Licences Appeals Tribunal Regulations SL 174.02 Public Service Public Contracts Appeals Board (Procurement) Regulations SL 174.04 P u b l i c Procurement Public Contracts Review Board Regulations SL 254.12 P o s t a l S e r v i c e s A p p e a l s Postal Services Appeals Board Board (Rules of Procedures) Regulations SL.260.03 Prison Regulations Appeals Tribunal SL 291.04 Petitions (Local Tribunals) Petitions Board Regulations SL 327.85 Assessment Test Regulations University Disciplinary Board SL 458.23 Licensing of Private Medical 5(2) Tribunal Clinics Regulations SL 458.25 Licensing of Private Medical 5(2) Tribunal appointed under regulation Diagnostic Laboratories 5(2) of the Licensing of Private Regulations Medical Clinics Regulations (SL 458.23) ADMINISTRATIVE JUSTICE Subsidiary Name of Subsidiary Law Provision Name of Administrative Tribunal Legislation/ Number Legal Notice Number SL 499.32 Placing of Billboards and 9A Authority for Transport in Malta Advertising on the Road Regulations SECOND SCHEDULE Competence of the Court of Appeal Amended by: L.N. 246 of 2009; L.N. 334 of 2009; L.N. 337 of 2010; L.N. 402 of 2012; L.N. 163 of 2013; L.N. 443 of 2013; L.N. 9 of 2019; VII.2022.71; XVII.2022.33; XXXIII.2023.20; XVII.2024.16; XIX.2024.57; L.N. 191 of 2024; XVI.2024.45; L.N. 266 of 2024. L.N. 282 of 2024; L.N. 313 of 2024; L.N. 314 of 2024; L.N. 315 of 2024; L.N. 316 of 2024; L.N. 335 of 2024; L.N. 336 of 2024; L.N. 375 of 2024; L.N. 81 of 2025. L.N. 83 of 2025; L.N. 94 of 2025; L.N. 191 of 2025; L.N. 208 of 2025; L.N. 222 of 2025; L.N. 226 of 2025; L.N. 271 of 2025; XXXVIII.2025.15. L.N. 5 of 2026; L.N. 104 of 2026. [Article 22 (2)] Title of Law Spirits Ordinance Lepers Ordinance Agricultural Produce (Export) Ordinance Supplies and Services Act Income Tax Act Enemy Property Act Accountancy Profession Act Inġiniera Act Education Act Import Duties Act Reference Number Competence of the of the Law Court of Appeal Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence Title of Law ADMINISTRATIVE JUSTICE Reference Number Competence of the of the Law Court of Appeal Duty on Documents and Transfers Act Inferior Competence: where the total amount of duty payable in dispute at the time when the appeal was lodged before the Tribunal is less than one million and one hundred and sixty-five thousand
euro (€1,165,000); and Superior Competence: where the total amount of duty payable in dispute at the time when the appeal was lodged before the Tribunal is of one million and one hundred and sixty-five thousand euro (€1,165,000) or more Income Tax Management Act Superior Competence: where the total amount of tax, additional tax, fines and interest in dispute at the time when the appeal was lodged before the Administrative Review Tribunal or the Board of Special Commissioners, as the case may be, is of one million and one hundred and sixty-five thousand euro (€1,165,000) or more; and Inferior Competence: where the total amount of tax, additional tax, fines and interest in dispute at the time when the appeal was lodged before the Administrative Review Tribunal or the Board of Special Commissioners, as the case may be, is less than one million and one hundred and sixty-five thousand euro (€1,165,000) Excise Duty Act Superior Competence in Proceedings related to the Seizure of Goods Periti Act Inferior Competence Malta Communications Authority Act Inferior Competence Fisheries Conservation and Management Act Inferior Competence Wine Act Inferior Competence Animal Welfare Act Inferior Competence Co-operatives Societies Act Inferior Competence Lands Authority Act Inferior Competence Government Lands Act Inferior Competence Gaming Act Inferior Competence ADMINISTRATIVE JUSTICE Title of Law Malta Digital Innovation Authority Act Climate Action Act Agriculture Act Customs Ordinance Reference Number Competence of the of the Law Court of Appeal Inferior Competence Superior Competence Inferior Competence Superior Competence in Proceedings related to the Seizure of Goods Inferior Competence Registration and Warranting of Sign Language Interpreters Act Regulator for Energy and Water Services Act Cinema and Stage Regulations Civil Explosives Regulations Importation of Dogs and Cats Regulations Motor Vehicles (Carriage of Goods By Road) Regulations National Malta Library Regulations Malta Public Library Regulations Control of the Sale of Eggs Regulations Control of Kerosene Regulations Exemption from Motor Vehicles Registration Tax Rules Registration and Licensing of Motor Vehicles Regulations Airport (Groundhandling Services) Regulations Conservation of Wild Birds Regulations Cybersecurity Certification Regulations Data Governance Regulations Innovative Technology Arrangements and Services (ITAS) Certification Regulations Electricity Connection and Supply Regulations Data Centres (Sustainability Reporting Obligations) Regulations European Union Greenhouse Gas Emissions Trading System for Stationary Installations
Regulations European Union Greenhouse Gas Emissions Trading System for Aviation European Union Greenhouse Gas Emissions Trading System for Buildings, Road Transport and Additional Sectors Regulations European Union Greenhouse Gas Emissions Trading System for Maritime Transport Regulations Manufacture, Placing on the Market and Use of Medicated Feed Rules Private Veterinary Establishments (Licensing) Regulations S.L. 10.17 S.L. 33.04 S.L. 36.42 S.L. 65.19 Superior/Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence S.L. 92.03 S.L. 92.06 S.L. 117.17 S.L. 117.18 S.L. 368.01 Inferior Competence Inferior Competence Inferior Competence Inferior Competence Inferior Competence S.L. 368.02 Inferior Competence S.L. 499.25 Inferior Competence S.L. 549.42 S.L. 591.02 S.L. 591.03 S.L. 591.01 Inferior Competence Inferior Competence Inferior Competence Inferior Competence S.L. 545.41 Superior/Inferior Competence Superior/Inferior Competence Superior/Inferior Competence S.L. 545.42 S.L. 643.02 S.L. 643.03 S.L. 643.05 Superior/Inferior Competence Superior/Inferior Competence S.L. 643.06 Superior/Inferior Competence S.L. 437.114 Inferior Competence S.L. 437.106 Superior/Inferior Competence Title of Law ADMINISTRATIVE JUSTICE Reference Number Competence of the of the Law Court of Appeal Veterinary Medicinal Products Regulations S.L. 437.115 Superior/Inferior Competence Veterinary Pharmacy Regulations S.L. 437.116 Superior/Inferior Competence Trade in Equidae intended for Competitions S.L. 437.02 Superior/Inferior and Conditions for Participation Regulations Competence Methods of Sampling and Analysis for the S.L. 437.122 Superior/Inferior Control of Levels of Dioxins, Dioxin-like Competence PCBs and Non-dioxin-like PCBs in Certain Foodstuffs Rules Marketing of Maltese Agricultural Produce S.L. 639.12 Inferior Competence and Maltese Agricultural Marketing Centres Regulations Protection of Animals Offered in Pet Shops S.L. 439.16 Inferior Competence (Minimum Standards) Regulations Fair Access to and Use of Data Regulations S.L. 418.06 Inferior Competence Fair Access to and Use of Data Regulations S.L. 591.04 Inferior Competence Artificial Intelligence Regulations S.L. 591.05 Inferior Competence Resilience of Critical Entities and S.L. 460.43 Inferior Competence Infrastructures (Identification, Designation and Protection) Order Autonomous Small Buses Trials Regulations S.L. 499.76 Inferior Competence Online Dispensing of Medicinal Products to S.L. 458.64 Superior/Inferior Third Countries from Free Zones and Customs Competence Authorised Warehouses Regulations