Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Romina Bartolo
• Pages: 51-56

51

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress

No relevant surveys or reports are available.

11.1.2Other issues related to the pursuit of a discrimination claim

There are no other issues related to the pursuit of a discrimination claim.

11.1.3Political 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.

11.2Victimisation

The provisions on victimisation are implemented in national legislation. There is no case

law.

Article 28 of the EIRA provides that:

‘It shall not be lawful to victimise any person for having made a complaint to the

lawful authorities or for having initiated or participated in proceedings for redress on

grounds of alleged breach of the provisions of this Act, or for having 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 Regulations.

The legislation complies with the directives.

11.3Access to courts

11.3.1Difficulties and barriers related to access to courts

There are no reported difficulties with regard to access to courts.

11.3.2Availability of legal aid

The provision 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.

56https://meae.gov.mt/en/ZeroViolence/Pages/Raising-Awareness-Campaign.aspx.