Introduction

• Author: Romina Bartolo
• Pages: 5-6

5

1 Introduction

1.1 Basic structure of the national legal system

The supreme law of Malta is the Constitution of 1964, as amended. Malta is an independent

republic with a parliamentary system of government. Parliament makes la ws subject t o

respect for Malta’s international obligations, including membership of the European Union.

The European Union Act of 2003 made European Union law applicable and effective in

Malta. Enforcement is through a system of courts: at the top is the Court of Appeal and

the Constitutional Court, below them is the Civil Court and the Criminal Court, and below

that are th e Magistrates courts. Constitutional matters are ultimately decided by the

Constitutional Court. Gender equality legislation is a matter for Parliament and often takes

the form of ministerial secondary or ‘subsidiary’ legislation (denoted by the prefix ‘SL’) by

virtue of enabling or primary law. Article 14 of the Constitution states:

‘The State shall promote the equal right of men and women to enjoy all economic,

social, cultural, civil and political rights and for this p urpose shall take appropriate

measures to eliminate all forms of discrimination betw een the sexes by any person,

organisation or enterprise; the Stat e shall in particular aim at ensuring that women

workers enjoy equal rights and the same wages for the same work as men. ’

1.2 List of main legislation transposing and implementing the directives

Acts and subsidiary legislation (SL).1

Employment and Industrial Relations Act (Chapter 452, Laws of Malta ) (EIRA)

- SL 452.78, Parental Leave Entitlement Regulations of 2 September 2003 as amended

in 2007, 2010 and 2011 transposin g Council Directive 2010/18/EU of 8 March 2010

repealing Directive 96/34/EC implementing the revised framework agreement on

parental leave.

- SL 452.79, Part-Time Employees Regulations of 1 January 2003 as amended in 2007,

2008, 2010 and 2016 implementing Directive 97/81/EC the framework agreement

on part-time working.

- SL 452.81, Contracts of Service for a Fixed Term Regulations of 15 June 2007 as

amended in 2008 and 2009 implementing Directive 199 9/70 concerning the

framework agreement on fixed-term work.

- SL 452.87, Organisation of Working Time Regulations of 5 April 2004 as amended in

2007, 2012, 2017 and 2018 implementing Directive 2003/88/EC concerning certain

aspects of the organisation of working time.

- SL 452.88 , Urgent Family Leave Regulations of 5 April 2004 as amended in 2007

implementing Directive 2010/18/EU the revised framework agreement on p arental

leave and repealing Directive 96/34/EC.

- SL 452.89, Employment and Industrial Relations Interpretation Order of 7 October

2003 implementing Council Directive 2000/43/EC of 29 June 2000 a nd Directiv e

2000/78/EC of 27 November 2000, prohibiting discrimination on the basis of religion

or belief, disability, age, sexual orientation, race or ethnic origin.

- SL 452.91, Protection of Maternity (Employment) Regulations of 5 January 2004 as

amended in 2004, 2007, 2011, 2012 and 2014 implementing Council Directive

92/85/EEC of 19 October 1992 on the introduction of measures to encourage

improvements in the safety and health at work of pregnant workers and workers

who have recently given birth or are breastfeeding.

- SL 452.95, Equal Treatment in Employment Regulations (ETE Regs) of 5 November

2004 as amended in 2007, 2008, 2011 and 2014 implementing the relevant

provisions of Council Directives 76/207/EEC, 2000/78/EC, 2000/43/EC, 2002/73/EC

and 2006/54/EC.

1 http://www.justiceservices.gov.mt/LOM.aspx?pageid=24.