REMEDIES
Dr Tonio Azzopardi
Senior Visiting Lecturer
Synopsis of my presentation
Chapter 4 of the Constitution of Malta does not specifically deal with the issue of
remedies. It limits itself to pointing out the powers of the Maltese Constitutional
organs.
The incorporation of the European Convention on Human Rights by means of the
European Convention Act (Chapter 319 of the Laws of Malta) has impacted on the
issue of remedies. The approach taken by the Constitutional Court will be
highlighted. A further analysis will focus on the appropriateness or otherwise of
simply making a declaration that there has been a violation.

In what ways could the domestic courts in Malta improve their remedial
practices in order to provide effective relief to victims of violations?

Should states be encouraged to adopt specific reparations other than
monetary compensation?

Is a bold remedial strategy required to redress fundamental rights violations?