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So much has been said about the principle of ‘equality of arms in justice’ that one would be led to believe that, from a procedural aspect, today it makes no difference whether on the other side there is an individual, a commercial entity or even the goveStatal privileges? - Graziella Cricchiola
So much has been said about the principle of ‘equality of arms in justice’ that one would be led to believe that, from a procedural aspect, today it makes no difference whether on the other side there is an individual, a commercial entity or even the government. The law applies to all, without difference or favour. In theory, this principle refutes any concept of a privileged litigant. A look at our laws of procedure reveals a remarkable contradiction to this idealistic principle. Indeed, our Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) is jam-packed with privileges made principally to serve the government in court. Some of these are rather inconsequential; such as the fact that cases involving the government shall be heard before those involving ‘just’ private parties. Others are more significant than just a simple matter of queuing; most notably, the privilege afforded to the government in article 460 of Chapter 12 of the Laws of Malta. Under our law, one is not generally required to warn the other of its intentions to institute a lawsuit. Of course, there are ethical considerations to take account of (ideally, one does grant an advance notice),... Read more
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