Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 3

Official PDF on legislation.mt

3. (1) In their relations with the public, administrative tribunals shall respect and a pply the principles of good administrative behaviour laid down in this Part of this Act. (2) The principles of good administrative behaviour include the following: 2 [CAP. 490. ADMINISTRATIVE JUSTICE (a) an administrative tribunal shall respect the parties’ right to a fair hearing, including the principles of 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, proced ural 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 sha ll 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 pro ceedings have access to these documents and information; (e) proceedings before an adminis trative 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 a nd legal issues relevant to the case presented by the parties in terms of the applicable law; (g) save as otherwise provide d by law, the proceedings before an administrative tribunal shall be conducted in public; (h) r e a s o n s s h a l l b e g i v e n f o r t h e j u d g m e n t . A n administrative tribunal shall indicate, with sufficient clarity, the grounds on which it bases its decisions. Although it shall not be necessa ry 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 speci fic and express response. Power of Minister to make regulations to implement provisions of this Part.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.