Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorRomina Bartolo
11 Compliance and enforcement aspects (horizontal provisions of all
11.1 General (legal) context
11.1.1 Surveys and reports about the particular difficulties related to obtaining legal
No relevant surveys or reports are available.
11.1.2 Other issues related to the pursuit of a discrimination claim
There are no other issues related to the pursuit of a discrimination clai m.
11.1.3 Political and societal debate and pending legislative proposals
An awareness-raising campaign was organised targeting women who are victims and/or
potential victims of violence and to raise awareness amongst witnesses and bystanders to
be more vigilant and to encourage them to report instances of violence against women.56
This campaign featured on radio, social media, online media, posters in public toilets and
bus shelters.
11.2 Victimisation
The provisions on victimisation are implemented in national legislation. There is no case
Article 28 of the EIRA provides that:
‘It shall not be lawful to victimise any person for having made a com plaint to the
lawful authorities or for having initiated or participated in proceedings for redress on
grounds of alleg ed breach of the provisions of this Act, or for havi ng disclosed
information, confidential or otherwise, to a designated public regulating body,
regarding alleged illegal or corrupt activities being committed by his employer or by
persons acting in the employer’s name and interests.’
This precise wording is also to be found in Regulation 4(7) of the AGS Regul ations.
The legislation complies with the directives.
11.3 Access to courts
11.3.1 Difficulties and barriers related to access to cou rts
There are no reported difficulties with regard to access to courts.
11.3.2 Availability of legal aid
The p rovision of legal aid is regulated by the Code of Organisation and Civil Procedure
(COCP) (Chapter 12 of the Laws of Malta). Article 912 provides that in civil cases, legal
aid is subject to a means test. It is available in all cases except for companies. The
advocate must also be satisfied that the applicant has reasonable grounds for taking or
defending, continuing or being a party to proceedings.

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