JournalismPlus - Victor Paul Borg

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JournalismPlus - Victor Paul Borg To disseminate and make an impact with investigative journalism and extended campaigns on Malta.

🔴 From the article ✍️ "This is precisely the issue here, a location triply sensitive: the core of the buffer zone of Gga...
29/02/2024

🔴 From the article ✍️ "This is precisely the issue here, a location triply sensitive: the core of the buffer zone of Ggantija Temples, the protected setting of Ta Kola Windmill, and one of the last enclaves in the Maltese islands that survives as a neighbourhood of two-storey townhouses. It does not get any more sensitive than this."

🔵💡 Question is what can we do about it❓Click on the article to read 🔬 details and see 👁 illustrations of what this is about, and learn what we can 👍 do about it...

If the height of buildings in an entire area of two-storey townhouses had to increase by more than a half over the existing height, would it make a difference visually and materially?It depends on the location. And this is precisely the issue here, a location triply sensitive: the core of the buffer...

The architect who used to sit in the Planning Authority's highest planning board has corrected the streetscape elevation...
27/02/2024

The architect who used to sit in the Planning Authority's highest planning board has corrected the streetscape elevation that is fraudulent in terms of planning law, and in the meantime legal proceedings have been launched in a bid to the get the development permit in the sensitive location revoked.

Journalistic investigation had revealed the false streetscape elevation, and legal proceedings have since been launched in a bid to get permit in sensitive location revoked

🍖🍽 Corned beef – or, as it is known by its old Colonial-era moniker, bully beef – is one of the more visible foodstuffs ...
25/02/2024

🍖🍽 Corned beef – or, as it is known by its old Colonial-era moniker, bully beef – is one of the more visible foodstuffs whose price has dropped on the back of a government scheme aimed at reducing the prices of staple foodstuffs.

👉 This measure – of corned beef as a subsidized, staple foodstuff – amounts to the State’s endorsement of corned beef, and that tells us much about the state of Maltese politics and Malta’s disjointed governance.

👨‍⚕️👩‍⚕️ Medical advice holds that as a processed red meat, corned beef is an unhealthy foodstuff whose intake ought to be scant if not entirely absent from one’s kitchen. Processed red meats have been found to be carcinogenic, and the health recommendation is to limit such meats to occasional treats if consumed at all. This is the health advice in places where corned beef remains popular, such as islands in the Pacific or Ireland – to limit it as far as possible.

🐄💦 The other problem with corned beef is that it is beef – and scientists have been saying that the world has to have less cattle, and other ruminants, in order to tackle climate change. The methane released into the atmosphere by ruminants, mostly cattle and sheep to a lesser extent, accounts for around 18 percent of all greenhouse gases, which are responsible for global warming.

⛴🚢 Corned beef is also mostly produced in Brazil, where cattle ranching has been destroying vast swathes of the Amazon rainforest. It also means that corned beef has to be shipped across the world to make it to our supermarkets, thus contributing further to energy intensiveness and global warming.

❌ Given all of this, it is inexplicable that the Maltese government is encouraging the consumption of corned beef through subsidies and through elevating it as a staple food.

🚜🛥 A question posits itself: if the government wanted to subsidise food, then wouldn’t it have been healthier and economically beneficial to subsidise local produce, meat and vegetables and fish sourced locally? That would have meant that subsidies from our taxes would end up in the pockets of farmers and fishermen in Malta that are economically struggling, and at the same time promote a diet that is healthier and more environmentally sensible.

❓❓ I have heard people ask puzzlingly and ruefully: why is the government subsidizing or promoting bully beef?

📰🎥 On assignment from an upscale lifestyle magazine, ten years ago I met the heritage consultant Guillaume Dreyfuss to t...
29/01/2024

📰🎥 On assignment from an upscale lifestyle magazine, ten years ago I met the heritage consultant Guillaume Dreyfuss to talk about the architectural design of the parliament building that was under construction. He talked about the high point of the architectural design: a building that would encourage organic, fluid interaction between people and the various grand edifices in the square, as people would create nodes of passage in a living interaction between people and architecture.

📣💜 He had told me: “The parliament building is designed to fit in a context, to reinforce the openness and flow in the area, and fluidity in the line of visions. Pedestrians can literally walk underneath the building. It is transparent, not an imposition.”

👮‍♂️💥 Then the MPs moved in and the imposition followed: the building started to be surrounded by metal barricades usually used by police for crowd control. It is said that the police were concerned about potential car bombs underneath the raised building; such concern could have been assuaged by placing barriers to vehicles at entrances to the square – the square is a pedestrian zone after all.

🚧 Tentative and minimal at first, the barricades eventually became imposing and permanent, perverting the architectural design – a building barricaded, isolated and closed off, separated from the other edifices in the square, the organic flow of people hindered.

😞 It is a transformation that symbolises people’s increasing alienation from the two main political parties; and the idea that politicians have closed themselves off in a privileged bubble.

🔘 The recent moves by prime minister Robert Abela to rehabilitate officials and politicians who had resigned amid scandals reinforces the idea of politicians being privileged and self-serving. So does the political reembrace of Joseph Muscat – you can read an analysis on this by clicking here 👉 👉 https://victorborg.com/joseph-muscat-robert-abela-european-parliament-elections-divisive-rhetoric

🤦👎 On the other hand, the PN has yet to convince voters that it would be a better bet overall. The parties’ readiness to engage in partisan battles – or resort to partisan posturing – blurs the distinction between the two parties. (The other organized political force, ADPD, has yet to discover how to inspire voters in numbers large enough to make a dent into the two main parties’ support.)

🔳 In the same week that we had Abela moving to rehabilitate politicians who had resigned, we also had one of the PN’s most visible politicians, Alex Borg, launch a gratuitous attack on Facebook on blogger and Repubblika activist Manuel Delia.

🥀🗿 Yet the same Alex Borg, who is the spokesperson for Gozo, has yet to say something about the destruction of cultural heritage in Gozo. So what is happening to the nation’s cultural heritage in Gozo? Find out by clicking on this link 👉👉👉 https://victorborg.com/aercheologists-dismayed-cultural-heritage-authority-indifference-archeological-find-development-site

Prime Minister Robert Abela is politically reembracing former Prime Minister Joseph Muscat in a bid to mobilise disgrunt...
27/01/2024

Prime Minister Robert Abela is politically reembracing former Prime Minister Joseph Muscat in a bid to mobilise disgruntled Labour voters at the European Parliament elections in late Spring. But the gamble – which he accompanied yesterday by rhetoric of divisiveness embroiling the court – may electorally backfire on the Labour Party.

Prime Minister Robert Abela is politically reembracing former Prime Minister Joseph Muscat in a bid to mobilise disgruntled Labour voters at the European Parliament elections, but the gamble may backfire on the Labour Party.

♨️ Key findings and revelations: 1️⃣ Veteran archeologist and academic in blistering attack on heritage authorities’ ind...
22/01/2024

♨️ Key findings and revelations:
1️⃣ Veteran archeologist and academic in blistering attack on heritage authorities’ indifference towards area rich in archeology – she says a complete excavation is needed before houses are built. Then she says: “Science is thrown out in favour of money and wealth-making. That plateau should be turned into a conservation area for history and nature – but it will never happen, the views are too good.”

2️⃣ Cultural heritage superintendence told the Planning Authority no archeological findings were made on site of development, but an internal email made refence to the findings.

3️⃣ Cultural heritage superintendence warned that a development would have to be changed if archeological discoveries were made on site, but five years later the Planning Authority renewed the permit that had expired despite the discovery of a Neolithic burial pit

4️⃣ Archeologists say that the discovery of the burial pit now justifies further archeological excavations in the area, and also in the caves

✅ Read the investigative article and see illustrations by clicking on 👉Learn more button

❌ The government finds ways to give a gift to developers in the dying days of 2023 – a legal notice published on 29 Dece...
31/12/2023

❌ The government finds ways to give a gift to developers in the dying days of 2023 – a legal notice published on 29 December, two days before the end of the year, that extends the phaseout of low stamp duty on purchase of property in Gozo.

🏗 The low stamp duty is one of the factors that has led to the development of large quantity of flats that are ruinous of Gozo’s character over the past few years. These are bought by Malta-based residents as holiday homes, or as speculative investments, but the government has now extended this low stamp duty to incentivize a wave of sales of flats in a last binge for developers.

🌏⌛️ In the past year, the journalism website I run has warded off attacks that have tended to come in waves. 🃏🕰 About a ...
12/12/2023

🌏⌛️ In the past year, the journalism website I run has warded off attacks that have tended to come in waves.

🃏🕰 About a year ago, for example, there were several waves of thousands of bogus donations made within minutes. The system withstood these attempts to overwhelm. It has also withstood 44,000 other so-called ‘brute force’ attacks.

🕶 In the past few weeks, I have received multiple bogus 📨 messages, purporting to be from Facebook, every day on my page. The messages made varied claims – that I may be in violation of copyright, or Facebook terms and conditions, or page policy, or community standards. Some outlandish ones were even in Maltese. They then ask me to click on a link to resolve whatever issue they would have conjured – clicking could end up providing access to my page, or even my computer.

🗑 I delete these messages, but I still get around half a ️6️⃣ dozen every day. I suppose that they reckon that the law of probability might work in their favour – that at one point, in momentary lapse, I might click on the link unintendedly.

🧟‍♀️ Intimidation also takes place offline. Twelve days ago, I testified in the prosecution of a landowner who had sent me a threatening message after I published an investigative article on illegal developments. (The next hearing in the case is in a few months.)

💜 But I also do get messages that inspire, such as message from elder recently who donated and then exchanged some messages. I am publishing screenshots of some of her messages here (we have kept corresponding, so there is more), yet redacting her name and personal parts of messages.

⚔️ Security measures make up the bulk of monthly running expenses of the website. The main 🔒security system that I use costs €1,030 every year – that’s €86 every month. I shall not mention what system it is as that would reveal to attackers what security system I have in place.

🪹 Yet the funds I have raised from donations remains so low that my income from all sources, including donations, amounts to less than the minimum wage. For example, in 2023, I set out to collect €800 for investigative articles – that is €65 every month – but I have not even reached half that amount and there are 19 days left until the end of the year. If you can afford it, sustain Malta’s only site that consistently does self-generated investigative journalism by donating a fiver this Christmas. Click on this link to learn more and consider donating 💓 https://victorborg.com/donations/donate-to-investigations-2023

〽️ Two trends stand out distinctly in the 🇲🇹 Malta findings of the latest Eurobarometer survey – Eurobarometer consists ...
07/12/2023

〽️ Two trends stand out distinctly in the 🇲🇹 Malta findings of the latest Eurobarometer survey – Eurobarometer consists of surveys conducted regularly, and over varied subjects, by the 🇪🇺 in EU states.

👉 These are the main trends that emerge from the survey published yesterday:
1️⃣ The Maltese overwhelmingly believe the EU membership has been beneficial, that EU actions have an impact on our lives, and that that impact is largely positive.
2️⃣ A significantly higher proportion of Maltese, in comparison to the survey results averaged for the entire EU, want the European Parliament to defend ‘rule of law.’ Moreover, a high proportion – 3 in 4 – also want the European parliament to ‘play a more important role.’
3️⃣ A high proportion of Maltese said they have difficulties paying bills.

❓What does this mean for Malta’s political dynamic?

👉 Two principal points of analyses can be drawn out.

🟠 Firstly, the Maltese government and political parties would do well to pay attention to what goes on in the European Parliament, and understand that motions in the European Parliament that draw attention to the deplorable rule-of-law situation in Malta do have an impact on local voters. Moreover, the importance placed in the European Parliament gives visibility and potential traction to Roberta Metsola (who is the Maltese face of the EU parliament) should she decide to get into local politics.

🟠 Secondly, a high proportion of Maltese people are in financial tight situation, and anxious about their financial and economic prospects. The survey was conducted before the budget, and the budget has since given a boost to the Labour Party in surveys on voter polling intentions. This was one of the intentions of the budget: Labour’s support has been sliding since the election, and the government planned a budget that would give it a bounce and foster a feel-good factor amid gathering gloom.

🕵 The question now is whether the bounce will endure or whether it will simply be transient. I believe it will not endure because the increases in handouts and salaries will, over time, either be neutral or possibly not large enough to balance out the cost-of-living effect. And, more importantly, the government is failing to tackle other issues that continue to cause consternation among voters. By these other issues I mean principally issues surrounding rule-of-law and corruption, which remains rampant, and issues arising from infrastructural problems (particularly due to high immigration) as well as rampant construction.

🚧 There has been no real attempt to reduce institutional or direct corruption in the Planning Authority, and this is the single biggest issue that rankles with voters.

❌ Even confidence in the Superintendence of Cultural Heritage, tasked with protection of cultural heritage, has tumbled to lows never seen before in its 20 years of existence. This is something I reported on yesterday – you can read the analysis by 🖱 clicking on 🔸Learn more 🔸 button 👇.

👁👁 Political parties have to remember that Maltese voters have been 🪀 fidgety since the last election, and trust in local politicians has 〽️ slumped. If a third party with a coherent vision had to form, it would resonate with voters and stand a chance of capturing a share of the vote that would give it a lever on the balance of power.

⚫️ The loss of confidence in the Superintendence of Cultural Heritage first started to be felt among activists and peopl...
06/12/2023

⚫️ The loss of confidence in the Superintendence of Cultural Heritage first started to be felt among activists and people in cultural heritage circles, and now it is becoming widespread. The sentiment is growing that this entity tasked with protection of our cultural heritage is failing to protect our heritage from rampant development for whatever reason.

👁🔎 In this analysis, which has been in the making for many months, I show that the Superintendence ignores media reports and journalistic investigations (I talk about specific cases), I reveal the kind of answers I get whenever I write to the Superintendence for comments or answers, and reveal that the Superintendence even failed to inform the Planning Authority of a significant archeological find at a development site.

✍️🗞 I also write about the disingenuity of the Superintendence over damaging developments around Ggantija, and show that the World Heritage Sites Technical Committee failed to get World Heritage rules implemented over developments in the buffer zone of Ggantija.

♨️ Read the analysis by clicking on 🔸 Learn more button 🔸 or clicking on this link 👉👉 https://victorborg.com/cultural-heritage-superintendence-no-confidence-development

👷‍♂️ The architect of development application for seven houses at a site where a Neolithic burial pit was found has now ...
05/12/2023

👷‍♂️ The architect of development application for seven houses at a site where a Neolithic burial pit was found has now changed the description of the proposal in a bid to 🪄 skirt around the requirements on minimum frontage width of terraced houses found in planning Policy P26. That policy specifies that the frontage of “terraced residential developments” cannot be “less than” 6 metres.

✅ One month ago, at a meeting of the Planning Commission, I pointed out that none of the houses were more than 4 metres wide, and the Planning Commission put this down as a ‘reason for refusal’ of development on basis of P26. It then asked the architect “to submit revised drawings to address reasons for refusal.”

👁 The architect submitted new drawings that – however – appear unchanged from the previous architectural drawings. This means the drawings have not been ‘revised.’❗️

❓Instead, although the drawings remain unchanged, the architect changed the description of the proposal in the application – a 🎭 change from “seven houses with basement garages for private cars” to “residential complex consisting of seven maisonettes with a common underlying basement.”

✍️ Then he wrote a letter to the Planning Authority in which he 🖕 asserted that “the proposed building is a single residential development which has a frontage that exceeds 6m. The proposal envisages a complex consisting in [sic] seven separate maisonettes, with a communal underlying garage at basement level. The said garage level will serve all overlying units.”

🟠 The Planning Commission is now set to decide on the application tomorrow. This is the same site where the Superintendence of Cultural Heritage made a significant archeological discovery 🗿 last June but then told the Planning Authority two months later that no archeological remains had been found on site ⁉️ This is something I revealed in an investigative article that can be read by clicking on 🔸Learn more button 🔸or on this link 👉👉👉 https://victorborg.com/neolithic-burial-pit-development-malta-heritage-superintendence

🕵 I have been following the developments in the Gozo land grab saga, an ongoing battle over land that was (or may have b...
03/12/2023

🕵 I have been following the developments in the Gozo land grab saga, an ongoing battle over land that was (or may have been, depending on which land) originally put in the Beneficcju ta Sant Antonio delli Navarra, a foundation set up to raise money for pious deeds in 1675.

⚖️ Last Thursday there was a judgement by a Gozo court in a case against a family resident at Ta Marga in Qala. The family lost that case, and I was not intending to write anything about it at this stage because I am still analysing the 90-page judgement and consulting with legal experts, and because the family (or defendants) are due to appeal that judgement.

✍️ I have now decided to write this post after several people called me today feeling alarmed or consternated, and seeking clarification, after they read an article published in The Sunday Times of Malta today. The newspaper made the article its headline article on the website.

❓ The article contains various inaccuracies, but I will limit myself in this short post to the effect it has had in causing unnecessary alarm among residents, particularly in Nadur. The newspaper published a claim by an unidentified source that last Thursday’s court judgement “could lead to the eviction of ‘at least’ 30 families residing in land between Qala and Nadur who are facing the same predicament.” The featured picture was a picture of Ic-Cnus tan-Nadur, land in central Nadur where dozens of houses sit – the land or houses in Nadur were not part of the court case decided by the first instance court last Thursday.

🟠 So let me set the record straight:
1️⃣ The court case was against a family at Ta Marga, where the number of families is certainly much less than 30, and whose legal situation is the same or similar. The family are also due to appeal, so last Thursday’s judgement is not final.
2️⃣ The legal situation at Ic-Cnus tan-Nadur in Nadur, where there are a few dozen families whose houses sit on land claimed by the so-called medieval foundation, is different to the situation in Qala. As such, last Thursday’s judgement does not change the legal situation of Nadur residents in any way. It is also pertinent to point out at Ic-Cnus tan-Nadur, the foundation lost a court case in which it attempted to evict the families in the 1970s.
3️⃣ Although Nadur residents are not affected by last Thursday’s court judgement, they should remain vigilant to the eventual outcome of a separate case that is currently in court and has yet to be decided.

👁 In the next few weeks, I will continue to follow developments and publish if/when relevant. Meanwhile, are you interested in an article that gives background on the foundation founder and the archbishop’s role in this saga, including some analysis of archbishop’s testimony in the case decided last Thursday? Then an article I published last year remains relevant and insightful – to read it, click on the 🔸 Learn more 🔸 button or on this link 👉👉👉

An extraordinary noblewoman's life history and sensibility offers insight into the trust she put in archbishops to safeguard the foundation she had set up to raise funds for pious deeds. Yet that all changed after the current archbishop renounced his power of veto over land transfers. So how do the....

👁 Some key findings of the journalistic investigation 👁: 1️⃣ The Superintendence of Cultural Heritage wrote to the Plann...
25/11/2023

👁 Some key findings of the journalistic investigation 👁:
1️⃣ The Superintendence of Cultural Heritage wrote to the Planning Authority that no archeological remains are found “within the site [application for 7 houses] subject to the current application which has been investigated.” Yet two months before, the Superintendence’s own archeologists had excavated a significant Neolithic burial ritual pit.

2️⃣ A resident reported broken bones on site where works were taking place, but by the time the works were stopped soil continued to be carted away, and an underground cave had its roof smashed in.

3️⃣ A large area was rezoned into a development zone during a PN government in 2006 following a superficial archeological assessment, and the Labour government then instead of reviewing the rezonings as it promised went on change policies to make it easier to build higher and denser, and build in the countryside.

4️⃣ There are now various development application aside from the application for 7 houses where the burial pit was excavated. The largest current application is for 11 houses – the applicant is Thomas Grech; the same name has in the past appeared in another application for development belonging to Joseph Portelli and his two Gozitan partners.

♨️ Click on this link to read the whole article and see illustrations of the burial pit and the caves 👉👉👉 https://victorborg.com/neolithic-burial-pit-development-malta-heritage-superintendence

💜 Twilight Zone: I am doing journalistic research into Qbajjar battery. 🎨 The colours fused evocatively during my visit ...
22/11/2023

💜 Twilight Zone: I am doing journalistic research into Qbajjar battery. 🎨 The colours fused evocatively during my visit in the last light of the day, when a post-sunset pink hue of twilight diffused through the sky and glistened shimmeringly over a metallic sea.

🟢 In 2015, the World Heritage Committee of UNESCO requested from Malta a report that, upon review of planning policies, ...
21/11/2023

🟢 In 2015, the World Heritage Committee of UNESCO requested from Malta a report that, upon review of planning policies, would “explain how the UNESCO World Heritage properties and sites on the World Heritage Tentative List and their viewsheds are protected from the adverse impact of future development.”

📌 One of the properties on the so-called tentative list – sites in a queue for eventual inscription as World Heritage Sites – is The Citadel in Gozo. UNESCO considers its setting, and the views of the Citadel, as part of its ‘authenticity and integrity’. In 2015, they called such setting the ‘viewsheds.

❌ But since UNESCO made that request in 2015, the town around the Citadel has seen nondescript blocks of flats buildings rise rapidly. That includes the building circled in red in the picture – that is an eight-level building constructed three years ago. It sets a precedent – or a new standard – for other buildings that will eventually arise in the same street.

⁉️ Do you think UNESCO will ever actually bestow World Heritage status on the Citadel now after this?

♨️ And what about Ggantija Temples, which is a fully-fledged World Heritage Site? In the same meeting in 2015, UNESCO also expanded the buffer zone around Ggantija Temples – read what happened then around Ggantija by clicking on 👉 Learn more 👈 button.

In 2015 UNESCO requested information on changes to planning policies to protect Ggantija from development. Four months later the Maltese government approved policies that would lead to higher, denser buildings in the buffer zone of Ggantija. Read the whole investigation and see illustrations and inf...

🔴 In 2014 and 2015 UNESCO expressed concern about future developments in the buffer zone of Ggantija Temples, and asked ...
20/11/2023

🔴 In 2014 and 2015 UNESCO expressed concern about future developments in the buffer zone of Ggantija Temples, and asked the Maltese government for a report after amendments of planning policies in order to protect the temple's integrity. It also asked the government to inform UNESCO of any proposals for 🚧 development before deciding on proposals.

❌ Yet the Maltese government approved policies that led to higher, denser buildings. The planning reform and report were never completed. UNESCO has never been informed of development applications, and two permits for 🏗 blocks of flats were granted in the past month. ♨️ Read the whole article – and see further illustrations – by clicking on the 👉 Learn more 👈 button.

18/11/2023

🤵‍♀️👸 Political leaders are talking about saving Ggantija Temples from damaging development. The PN leader visited the area yesterday; Roberta Metsola wrote about it on Facebook today; and in 🎤 media comments this morning the Planning Minister put more distance from the Planning Authority’s decision to grant the latest permit for a block of flats.

📣 But the political rhetoric does not change the facts on the ground. 🚧 Three permits for buildings that jut above the skyline of the Ggantija's buffer zone have been granted in the past few months; 😧 three more are being processed.

🏗 All the political rhetoric in the 🌏 world is not going to overturn approval of those three permits granted. The only way to get those decisions 👩‍⚖️ revoked is through legal action.

✅ I am collaborating with an NGO to launch legal proceedings to get the first permit of those three already-granted revoked. In that case, the project architect 💼 also happens to be a Planning Authority board member who prepared a ❌ false architectural drawing. Click on 👉 Learn more 👈 button to learn more about the case – and consider donating.

⁉️ Last Friday the planning minister Stefan Zrinzo Azzopardi published a legal notice that raised various questions. The...
17/11/2023

⁉️ Last Friday the planning minister Stefan Zrinzo Azzopardi published a legal notice that raised various questions. The legal notice extends the validity of development permits due to expire between the date of publication (11 November) and the end the year by three years.

👉 This raises questions because it is narrowly targeted. I mean, how many development permits due to expire in the seven-week period until the end of the year have not been utilized? You have to remember that development permits are valid for 5 years – so how many of the hundreds of applications approved between 11 November and 31 December 2018 have not been built? What development permits are those and who are the developers?

🕵👁 Would the minister be so kind as to give the public an explanation for this legal notice? Or perhaps an MP from the opposition benches can file a Parliamentary Question that would shed some light into the development permits that have not been utilized that are set to expire in the seven week period leading to end of the year?

👮‍♀️👮 The police this afternoon handcuffed and dragged away Andre Callus of Moviment Graffitti during a direct action. T...
14/11/2023

👮‍♀️👮 The police this afternoon handcuffed and dragged away Andre Callus of Moviment Graffitti during a direct action. There have been plenty of snide comments on social media along the lines of arrest-the-real-criminals, but this post is about the law that gives police powers that can lead to abuse and use of disproportionate force.

📑 There is an old law that says that you have to obey orders given by a police officer. This gives power to the police to arrest and potentially prosecute whoever does not obey their orders, which is what seems to have happened in this case. The problem with this law is that it gives the police discretionary, unfettered powers, and people are expected to obey orders even if such orders lack legitimacy.

💼 Most legal experts consider this law unconstitutional. One of them is the former judge Giovanni Bonello, who devoted an entire chapter on this law in his book Misunderstanding the Constitution.

👩‍⚖️ I am aware of a few case where people were awarded damages by the Constitutional Court due to the police making use of this law in manner deemed disproportionate and abusive by the Constitutional Court. In one of those case, a man was awarded €1,000 in nonpecuniary (moral) damages after a policeman ordered a strip search because he was suspected of having stolen something from a shop. The suspicion was not based on reasonable grounds, and as such the strip search was disproportionate, arbitrary, and hence abusive.

🏛 International rule-of-law organisations have often criticised the fact that in Malta once a law is found unconstitutional by the Constitutional Court, it is not automatically revoked, which is the case in most democratic countries. So we end up with laws such as this one – the obligation to obey a police order no matter what – that remain in force even after they are found unconstitutional. And our politicians neglect to revoke such laws that can lead to abuse.

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