PR 15/25 | Court confirms legality of KTP disciplinary procedures

In a landmark ruling delivered this morning, the First Hall of the Civil Court (Constitutional Jurisdiction), presided over by Justice Henri Mizzi, confirmed that the laws and regulations governing the Kamra tal-Periti’s disciplinary procedures, when taken as a whole, do not infringe the right to a fair hearing.
The judgment followed a request for a constitutional reference filed earlier this year by periti Roderick Camilleri and Anthony Mangion as part of their appeal against the KTP Council’s decision to suspend their warrant due to professional shortcomings related to the tragedy that led to Miriam Pace’s death in 2020.
The appeal centred on several constitutional matters, including an alleged lack of impartiality arising from the Council’s dual role in conducting preliminary investigations and making disciplinary determinations. The Court found that while this arrangement, taken in isolation, could appear to breach Article 39 of the Constitution and Article 6 of the European Convention on Human Rights, the disciplinary process as a whole – particularly the unrestricted right of appeal to the Court of Appeal – provides full safeguards to periti and satisfies the requirements of a fair hearing.
The Kamra tal-Periti welcomes this judgment and looks forward to further strengthening its disciplinary and regulatory functions in the months ahead, supported by the resources allocated in the recent budget and through partnerships with various public and private entities.
The Kamra underscores the importance of effective and well-resourced professional bodies tasked with self-regulation which is free from political interference is essential to safeguard the public interest and the standing of the profession.
The Kamra was represented in these proceedings by Dr Joseph Mizzi and Dr Ylenia Busuttil of Muscat Mizzi Advocates. This decision is still subject to appeal.






















