Judicial Review

Any decision made by an administrative body must comply with the principles of the General Administrative Law as these were codified by the General Administrative Law Principles 1999 (Law158(I)/1999) and adhere to the relevant procedures. Public authorities, public bodies, governmental departments but also a range of other bodies governed by Public Law (Administrative Law is part of the Public Law) which have decisional powers, sometimes are led to unlawful decisions. To redress injustice, the processes which lead to those decisions can be challenged and in many instances those decisions are duly overturned. However, an important prerequisite in such circumstances is acting as quickly as possible. Timing is of the essence. The most common reasons for annulment are the following:

  • Lack of competency,
  • Violation of the provisions of the Constitution and the Law,
  • Procedural Irregularity,
  • Lack of adequate reasoning,
  • Violation of the principle of equality,
  • Violation of the principle of natural justice,
  • Improper exercise of discretionary power,
  • Abuse of power,
  • Factual and legal error,
  • Lack of due inquiry,
  • Violation of the principle of proper administration.

Our Firm is also highly recognised as leaders in the field of Human Rights protection. Our team has an in-depth knowledge of European Directives and Regulations, as well as local and international legislation.

Our well-experienced lawyers have the ability to challenge any decision which seems to be against the Law or adversely affects our clients’ fundamental rights and freedoms. Our Firm has a long-standing, nationwide reputation of handling the most complex and high-profile cases at the Administrative and Supreme Court.

Our main goal is to persuade administrative bodies to reconsider their decisions out of Court, in order for our clients to obtain the best possible outcome. Nevertheless, if our efforts have been made without avail, we take pertinent measures to relentlessly pursue and restore justice through litigation and mandate the administration body to restore the situation as it was before and re-examine the case before it, fully complying with the binding annulling judgment of the Court.

Covered areas: rejection of citizenship through investment application, infringement of administration proceedings, rejection of applications of displaced persons regarding Government’s financial assistance (housing programmes), rejection of applications of Class A and B Bookmaker’s licence (licensing of online betting), etc.

 

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