Jurisdiction and Competence

in the beginning of an appeal

pendente lite

in limine litis

presupposti processuali

A. 174 (a)(b)(c)

A. 417 (a)(b)(c)

A. 741 (a)(b)(c)

A. 714 (a)(b)(c)

The general legal power of the courts of Malta to hear and decide disputes between two or more parties.

The general legal power of the courts of Malta to refer disputes between two or more courts.

The general legal power of the state to hear and decide disputes between two or more parties.

The general legal power of the Prime Minister to hear and decide disputes between two or more parties.

Autonomous: exclusive to the judiciary and the courts of Malta

Inclusive: incorporating several powers of the state

Intrusive: interfering in the lives of the general public

Enthusiastic: based on legal initiative and judicial drive

The faculty of knowing

The faculty of documentation

The faculty of laws

The faculty of coercion

The faculty of deliberation

The faculty of dominion

The faculty of judicating

Effectiveness and Physical power

Efficency and Physical reality

Legality and Control

Selflessness and charity

Forum non conveniens

Lis alibi pendens

Animus possidendi

Solutio indebiti

In order to be able to execute a judgment

In order to find the person you are suing.

In order to contain the possible bad news from international media.

In order to curtail the costs of cross-border suits

The Court argued that the fact that the vehicle involved in the accident was covered by a third-party insurance policy issued in Malta, made it possible for the judgement to be enforced here.

The Court argued that the fact that the vehicle involved in the accident was covered in mud, made it possible for the auto-dealer to sell it for cheap.

The Court argued that the fact that the vehicle involved in the accident was covered by a third-party insurance policy issued in Malta, was not enough ground for the judgement to be enforced here.

The Court argued that the fact that the vehicle involved in the accident was registered in the UK, made it impossible for the judgement to be enforced here.

The individualistic concept of jurisdiction, where there is a subjective right to protect.

The altruistic concept of jurisdiction, where the rights of others are the main concern.

The totalitarian concept of jurisdiction, where the state comes before any other consideration.

Tends towards the fulfillment of objective rights, where the rule is applied to the case and its realization by coercive measures.

Tends towards the fulfillment of legalistic conditions which objectively provide a right to the victim

Tends towards the object of the crime and not the subject of the crime.

Means that the court should have the right to claim or deny jurisdiction ex officio.

Contentious and Voluntary Jurisdiction

Civil and Criminal Jurisdiction

Ordinary and Special Jurisdiction

Proper, Delegated and Extended Jurisdiction.

Physical Power Jurisdiction.