Malta
Mixed: civil and common law
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Malta has a mixed system. Its private law comes from Roman and Napoleonic law through the Civil Code, while its public law, criminal procedure and company law follow English models. A Constitutional Court protects human rights.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution of 1964, the highest law
- The Civil Code, a continental code, and the Criminal Code
- English-style statutes, in areas such as public law, company law and procedure
- European Union law, which takes priority in its area
The main courts
- The Constitutional Court, which hears human-rights and constitutional cases on appeal
- The Court of Appeal and the Civil Court, which includes a family section
- The Court of Magistrates and the Criminal Court (with a jury)
Becoming a lawyer
A law degree (Doctor of Laws) and a warrant from the President as an advocate.
What may surprise you
- A small island blends Roman-law civil codes with English-style courts and public law.
- Serious crimes are tried by a jury, a common-law feature.
- Notaries, who are separate from advocates, play an important role in property transactions.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Malta as: Civil law, Common law. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Malta, consult a lawyer qualified there. Report a mistake.
