Constitutional court nullifies law prohibiting precautionary warrants against MEPA

The prohibition of precautionary warrants against MEPA breached an individual's fundamental human right to access to the courts, Mr Justice Gino Camilleri said today.

In a constitutional application filed by Tarcisio Borg against the government and the Malta Environment and Planning Authority, the plaintiff held he bought land in Bahrija, which area was bordered by rubble walls. A MEPA enforcement notice ordered him to pull down these traditional walls, but he refused. Borg claimed the walls had been put up in 1968 and filed an application asking for a warrant of prohibitory injunction against MEPA.

However the courts dismissed his request, stating that the law governing planning stated that no precautionary warrants could be issued against MEPA when the authority was exercising a right of direct action available to it by law.

Subsequently the plaintiff filed a constitutional appeal arguing that the quoted law breached his fundamental human right to access to the courts as protected by the European Convention of Human Rights.

Judge Gino Camilleri decreed that Borg's belief that he had a right of access to a court for a judgement over his civil rights was correct. This includes procedures concerning the issue of a precautionary warrant. The First Hall of the Civil Court upheld the plaintiff's request and ruled that the quoted section of law was null and void.

Lawyers David Camilleri and Joseph Gatt appeared for Borg.