Chapter 1 | Europaius

In short

This law regulates the structure and authority of ecclesiastical courts, while ensuring that all citizens are subject to lay courts for temporal matters.

What it regulates

The constitution and jurisdiction of ecclesiastical courts.
The civil effect of judicial acts by ecclesiastical courts.
The admissibility of documents and acts from ecclesiastical courts as proof.
The subjection of all citizens to lay tribunals for temporal matters.

Who it concerns

Ecclesiastical courts and judges established or appointed in Malta.
All persons living or residing in Malta, regardless of rank, station, or profession.

Key points

Ecclesiastical courts and judges in Malta cannot perform judicial acts with civil effects, unless specifically allowed by law.
Documents from Ecclesiastical Courts can be used as proof in lay courts if they have civil effect as provided by law and are properly authenticated according to ecclesiastical law.
No person in Malta is exempt from being sued or prosecuted in lay courts for temporal rights or offences, regardless of their status or privilege.
Lay courts, judges, or magistrates must be competent in the subject-matter of any suit, prosecution, or proceeding.

📄 Legal text

ECCLESIASTICAL COURTS (CONSTITUTION AND JURISDICTION) [CAP. 1.
1
CHAPTER 1
ECCLESIASTICAL COURTS
(CONSTITUTION AND JURISDICTION) LAW *
A law regulating the constitution and the jurisdiction of the
ecclesiastical courts and subjecting all classes of citizens, in temporal
matters, to the jurisdiction of the lay tribunals.
10th April, 1828
PROCLAMATION No. V. of 1828, as amended by Legal Notice 46 of
1965; Acts: XXXI of 1966, LVIII of 1974 and XXIV of 1975; Legal Notice
148 of 1975; and Acts I and XXIV of 1995.
1.
The title of this Proclamation is Ecclesiastical Courts
(Constitution and Jurisdiction) Law.
Title.
2.
Ecclesiastical courts and judges established or appointed, or
that may be established or appointed in Malta, to decide cases
regarding the laws of the Roman Catholic Church shall have no
jurisdiction and shall not make, or attempt to make any judicial act
having civil, other than purely spiritual, effect except as may be
provided by law.
Jurisdiction of
ecclesiastical
courts and judges.
Substituted by:
I.1995.16.
3.
Documents and Acts of Ecclesiastical Courts where the
same may, as provided in article 2 of this law, have civil effect are
admissible as proof in the same manner as provided in article 627
of the Code of Organization and Civil Procedure, provided that the
same are authenticated as provided from time to time by the
ecclesiastical law regulating such courts.
Documents of
Ecclesiastical
Courts.
Amended by:
L.N. 46 of 1965;
XXXI.1966.2;
LVIII.1974.68.
Substituted by:
I.1995.16.
Cap. 12.
Repealed by: I. 1995.16.
Courts having
spiritual
jurisdiction.
Amended by:
L.N. 148 of 1975.
Repealed by: I. 1995.16.
Appointment of
ecclesiastical
judges.
Amended by:
L.N. 46 of 1965;
XXXI. 1966.3;
LVIII. 1974.68;
XXIV. 1975.2.
Repealed by: I. 1995.16.
Enforcement of
judgments of
ecclesiastical
courts.
4.
From and after the date of this Proclamation, no person
living or residing in Malta shall be exempt, by reason of his or her
rank, station, or profession, whether civil or ecclesiastical, military
or naval, or by or on account of any other privilege whatsoever,
from suing or being sued in the lay courts, in respect of any
*See the Bishop of Gozo (Extension of Privileges) Ordinance (Chapter 15).
Personal immunity
abolished.
Amended by:
XXXI. l966.2;
XXIV. 1975.2;
I.1995.16;
XXIV.1995.360.
2
[CAP. 11.
temporal right, or from prosecuting or being prosecuted in the lay
courts, in respect of any temporal offence, or from being in all
other respects whatsoever subject to the jurisdiction of the said
courts: provided that such suit, prosecution, or other proceeding be
instituted before a lay court, judge or magistrate, competent in the
subject-matter of such suit, prosecution or proceeding.

🔗 Għas-sors uffiċjali

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.