In Malta, both Maltese and English are official languages, and the use of language in judicial proceedings is governed by a form of balance between national identity and practical necessity. Two key pieces of legislation — Article 21 of the Civil Code and the Judicial Proceedings (Use of English Language) Act, found in Chapter 189 of the Laws of Malta — regulate the use of these languages in court. These laws ensure that the primacy of the Maltese language in the legal system is preserved, while also providing mechanisms for the use of English where necessary to ensure that no party is disadvantaged due to language barriers.
Article 21(1) of the Maltese Civil Code unequivocally establishes that Maltese is the language of the courts, meaning that, by default, all judicial proceedings should be conducted in Maltese. This rule reflects the status of Maltese as the national language of Malta, embedding it firmly within the country's legal system. It ensures that court proceedings, documentation, and legal judgments are primarily delivered in Maltese, thus reinforcing the national identity and cultural heritage of the country.
However, recognizing that Malta’s population includes individuals who may not be proficient in Maltese, Article 21(2) of the Civil Code provides for exceptions to this rule. If any party does not understand the language in which the oral proceedings are conducted, the law mandates that interpretation services be provided, either by the court itself or through a sworn interpreter. This provision is essential to upholding the fundamental principle of a fair trial, ensuring that no party is left unable to follow the proceedings due to linguistic limitations.
Further, Article 21(3) addresses the submission of affidavits. While individuals are free to submit affidavits in the language they are most comfortable with, any affidavit not submitted in Maltese must be accompanied by a certified translation into Maltese. The translation must be confirmed on oath by the translator. This provision ensures that the official court records remain in Maltese, while still accommodating non-Maltese speakers by allowing them to express themselves in their preferred language.
While Article 21 emphasizes the use of Maltese, the Judicial Proceedings (Use of English Language) Act, found in Chapter 189 of the Laws of Malta, provides a structured framework for the use of English in specific circumstances. Enacted in 1965, this act reflects the practical reality that English is widely used in various professional and legal contexts in Malta.
This law permits the use of English in civil proceedings under certain conditions. If all parties involved are English-speaking, the court is required to conduct the proceedings in English. Additionally, when a mix of Maltese-speaking and English-speaking parties are involved, the court may order the proceedings to be conducted in English only if the Maltese-speaking parties consent. This flexibility ensures that English-speaking individuals are not disadvantaged by being forced to participate in legal proceedings in a language they do not fully understand.
In criminal proceedings, the act provides similar allowances for the use of English. If all accused individuals are English-speaking, the proceedings must be conducted in English. Moreover, if some of the accused are English speakers and others are not Maltese speakers, the court may also order the proceedings to be conducted in English. These provisions protect the rights of English-speaking defendants, ensuring that they are able to understand and fully participate in the legal process.
However, even when proceedings are conducted in one language, testimony or evidence may be presented in another. In such cases, the law mandates that translations be provided to ensure that all participants, including the judge, lawyers, and other parties, can fully understand the information being presented. For example, if a witness gives testimony in English during proceedings conducted in Maltese, the court must ensure that the testimony is translated into Maltese and entered into the official record. Conversely, if proceedings are in English but testimony is provided in Maltese, a translation into English must be made. This process of translation is critical for preserving the transparency and integrity of the court’s decision-making process, ensuring that no party is unfairly disadvantaged by language barriers.
The interplay between Article 21 of the Civil Code and Chapter 189 of the Laws of Malta establishes a well-balanced legal framework that upholds the primacy of the Maltese language while recognizing the practical necessity for English in certain situations. The Judicial Proceedings (Use of English Language) Act enhances Article 21 of the Civil Code by permitting the use of English in specific cases, especially when English-speaking parties are involved. This dual language provision ensures that no party is disadvantaged in the judicial process due to language barriers. Simultaneously, by designating Maltese as the default language, the legislation safeguards Malta’s linguistic and cultural heritage. __________________________
Disclaimer: This article is not to be construed as being legal advice, and is not to be acted on as such. Should you require further information or legal assistance, please do not hesitate to contact us at info@prolegal.mt.