Asylum & International Protection · Malta
Find an asylum lawyer in Malta who knows these courts
Protection cases in Malta are handled by warranted advocates working inside a bilingual, mixed-law system that few outsiders understand. Tell us what has happened and we match you with a specialist, free of charge. You decide afterwards whether to instruct.
- Advocates warranted in Malta, not generalists
- A clear first read on your procedural position
- Free matching, no obligation to instruct
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A small island, a legal system with two roots
Facing an asylum or international protection procedure in Malta is stressful, and the legal environment you meet there is unlike that of most other European countries. Malta is a mixed jurisdiction: private law follows the continental tradition of the Civil Code, while public, procedural and administrative law carry a strong English common-law imprint, and there is no formal doctrine of binding precedent. The courts work in Maltese and English, and legislation is enacted in both languages, with the Maltese text prevailing in case of conflict. That is why the person who represents you needs to know how Maltese courts actually operate, not only the general principles. Describe your situation once, in confidence, and we match you — free of charge — with an asylum lawyer in Malta whose practice covers protection matters and the procedural steps around them.
Malta in practice
How protection cases meet the Maltese legal system
Malta is one of the world’s recognised mixed jurisdictions, and its legal profession is organised differently from those of larger European states. These are the structural points that shape how a protection matter is prepared and argued on the island.
One profession, one warrant
Malta has a single unified legal profession: the terms ‘lawyer’ and ‘advocate’ are used interchangeably, with no barrister/solicitor split. To practise, an advocate must hold a warrant issued by the President of the Republic under the Public Seal, having first taken the oath of allegiance and the oath of office before the Court of Appeal, and must show full knowledge of Maltese, the language of the courts.
A bilingual court system
Maltese and English are both official languages, and legislation is enacted in both, with the Maltese text prevailing in case of conflict (Constitution, art. 74). Maltese has been the language of the courts and of notarial deeds since 1934, while legal education at the University of Malta is delivered in English. Judgments are drafted in Maltese, so your advocate’s command of the Maltese text matters.
Mixed jurisdiction, no binding precedent
Maltese private law follows the continental civil-law tradition: the Civil Code of 1868 derives from the French Code Napoléon. Public, procedural, administrative, commercial and company law bear strong English common-law influence. The system is therefore codified yet adversarial, and the doctrine of binding precedent is absent, so an argument is built on the code and on persuasive authority rather than on a single earlier ruling.
Where matters are heard and appealed
The judiciary is two-tier and not split into federal or state courts. The Superior Courts comprise the Civil Court, the Court of Appeal, the Constitutional Court and the Criminal Court; the Inferior Courts are the Court of Magistrates (Malta) and the Court of Magistrates (Gozo). The Court of Appeal sits with three judges and hears appeals from the Civil Court and from the Gozo Magistrates’ Court in its superior jurisdiction.
Legal aid and how it is granted
Legal aid is administered by Legal Aid Malta. In criminal cases all persons are eligible and no means test is required by law. In civil cases the applicant must pass both a means test — net property, including disposable money, must not exceed EUR 13,000 for the preceding twelve months — and a merits test. Eligible persons are assigned a legal aid lawyer and a legal aid procurator by court decree.
Fees, tariffs and the legal procurator
Advocates’ and legal procurators’ fees are governed by statutory tariffs set out in the schedules to the Code of Organisation and Civil Procedure, which also guide the quantum of costs awarded against the losing party, and contingency-fee arrangements are ethically prohibited. A distinct legal procurator handles procedural acts such as service and filings, so both roles appear in the tariffs.
Every country-specific statement on this page is drawn from official sources — the European e-Justice Portal, the Laws of Malta, Legal Aid Malta, the Judiciary of Malta and the Chamber of Advocates — consulted for this page in 2025.
- European e-Justice Portal — National justice systems: Malta
- European e-Justice Portal — Legal professions: Malta
- Civil Code, Chapter 16 of the Laws of Malta
- Laws of Malta — commercial claims provision
- Legal Aid Malta — Defining Legal Aid
- The Judiciary of Malta
- Chamber of Advocates (Kamra tal-Avukati)
Common difficulties
What makes a Maltese protection case hard to navigate alone
These are the practical obstacles clients describe before they are matched with an advocate.
Your case does not fit a template
Protection matters turn on facts, documents and credibility rather than on a standard form. An advocate who regularly appears in the Maltese courts can tell you which parts of your account need documentary support first, and in what order to present them.
Procedure runs in Maltese
Maltese is the language of the courts and of notarial deeds, and judgments are drafted in Maltese, while legislation is enacted in both Maltese and English. Without an advocate who holds the Maltese warrant and works with the Maltese text of decisions, the procedural detail is easy to lose.
Costs and funding feel unclear
Advocates’ fees in Malta are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, and contingency-fee arrangements are ethically prohibited, so any agreement is structured differently from other countries. Legal aid exists, but eligibility rules differ between criminal and civil matters.
Why use our service
Matched with the right advocate, without the guesswork
We do the filtering so that you speak to someone whose practice actually covers your problem.
Warranted Maltese advocates
Every professional we introduce holds the warrant required to practise in Malta and has rights of audience before the courts. The profession is unified, so the advocate who advises you is the advocate who can represent you.
One confidential intake
You describe your situation once. We do not publish your details, we do not share them with third parties, and you are not added to any marketing list by submitting the form.
Free matching, no obligation
Matching costs you nothing and does not commit you to instruct anyone. You can read the advocate’s profile, ask questions and then decide whether to proceed on your own terms.
Clear legal next steps
Rather than a generic reply, you get a first view of what your matter involves under Maltese procedure, including the role of the legal procurator for procedural acts such as service and filings.
Europe-wide coverage
Other European jurisdictions we cover
The same free matching service operates across the countries below, each with advocates who work in that national system.
Questions and answers
Asylum and legal representation in Malta
How do I find an asylum lawyer in Malta through this service?
You describe your situation in a short form, in confidence and without paying anything. We compare it with the practice areas of warranted Maltese advocates and put you in touch with one whose work covers protection matters. You then decide, directly with that advocate, whether to instruct them.
Do Maltese courts and legal documents work in English?
Maltese and English are both official, and legislation is enacted in both, with the Maltese text prevailing in case of conflict under article 74 of the Constitution. Maltese has been the language of the courts since 1934 and judgments are drafted in Maltese, while legal education is delivered in English. Your advocate must therefore have full command of Maltese.
Can I obtain legal aid for my case in Malta?
Legal aid is administered by Legal Aid Malta. In criminal cases all persons are eligible and no means test is required by law. In civil cases you must pass a means test — net property, including disposable money, not exceeding EUR 13,000 for the preceding twelve months — and a merits test. Eligible persons are assigned a legal aid lawyer and procurator by court decree.
What is the difference between an advocate and a legal procurator in Malta?
Malta has a single unified legal profession: the terms ‘lawyer’ and ‘advocate’ are interchangeable, and the advocate has rights of audience before all courts. Alongside advocates, a distinct legal procurator handles procedural acts such as service of documents and filings. Both roles appear in the statutory fee tariffs, and representation by an advocate is required in contentious proceedings before the Superior Courts.
Do Maltese courts follow earlier decisions?
Not in the strict sense. Malta is a mixed jurisdiction that is codified yet adversarial, and the doctrine of binding precedent, essential to a pure common-law system, is absent. Earlier rulings can still be persuasive and are used in argument, but they do not bind the court in the way they would in a common-law jurisdiction. Your advocate will explain how this affects your case.
Are there time limits I should be aware of in Malta?
Protection procedures have their own procedural timetables, which your advocate will assess with you. Separately, the Civil Code sets limitation periods for civil claims: 30 years as the general rule, two years for tort and damages claims and for professional fees, five years for commercial debt, rent arrears, interest and periodic payments, and one year for certain wages.
Next step
Tell us about your case, once
One short, confidential form is enough. We match you free of charge with a warranted Maltese advocate whose practice covers asylum and international protection work, and you decide what happens next — with no obligation and no cost for the introduction.