CoR - Malta Introduction

Malta is a decentralised unitary state and a Parliamentary Republic. The country obtained independence in 1964 from the British Empire and became a republic (Repubblika ta' Malta) a decade later (December 13, 1974). The unicameral House of Representatives (Kamra tad-Deputati) is currently composed of 67 members elected for a five-year term and has the power to make laws for the peace, order and good government of Malta in conformity with full respect for human rights, generally accepted principles of international law and Malta's international and regional obligations in particular those assumed by the treaty of accession to the European Union signed in Athens on the 16th April, 2003 (Article 65 of the Constitution).

The Constitution dates from 1964 and was amended in 2001 to incorporate the system of local government. By virtue of a constitutional amendment in 2001, which added a new chapter (Chapter XA) to the Constitution, the system of Local Councils is now entrenched in it in the following way (Article 115A): The State shall adopt a system of local government whereby the territory of Malta shall be divided into such number of localities as may by law be from time to time determined, each locality to be administered by a Local Council elected by the residents of the locality and established and operating in term of such law as may from time to time be in force.

Malta has no federal structure, and only two tiers of government exist. Regional Councils, which have been created to ease cooperation between the councils and, to some extent, help with enforcement of laws and bye-laws, consist of smaller entities – Local Councils. Following the Local Government Reform Process and the publication of Act No. XIV of 2019, Regional Councils, which prior to the said reform process were designated as Regional Committees, have had their legal basis strengthened and have been given more importance, through, amongst others, the inclusion of a set of defined functions in the Local Government Act. [1]

According to the Constitution, the only element of self‑government below the level of the republic itself is the system of Local Councils, whose responsibilities have been gradually extended over time. The Local Government Act, modelled on the European Charter of Local Self-Government of the Council of Europe and adopted in 1993, set up 67 Local Councils (kunsill lokali).

The Minister for the National Heritage, the Arts and Local Government has devolved additional functions to local authorities, and the last two and a half decades have seen a gradual decentralisation of powers and services. Within the Ministry, the Local Government Division has been launched in January 2017 as part of the Local Government Reform. It is responsible for the control, coordination, supervision and monitoring of the functions of Local Government, as well as to assist the Ministry in the formulation of strategies, policies and legislation as may be required from time to time.[2] It consists of an office of the Director General and two directorates: the Department for Local Government Monitoring and Support and the Directorate for Local Government Strategy and Policy Implementation.[3]

The Local Council is a statutory local government authority having a distinct legal personality. Currently, there are 68 elected Local Councils (54 on the Island of Malta and 14 on the island of Gozo) responsible for managing and delivering a limited number of specific services at a local level.[4] The Local Government Act has been amended on several occasions, with the most recent modification taking place in 2019 (Act No. XIV of 2019).

Five Regional Councils have been set up in 2011, corresponding to the five Regions: Region Gozo, Northern Region, Central Region, Southeast Region and Southern Region (Article 37A(1) of the Local Government Act). As from October 2021, these will be increased to six regional councils which correspond to the six regions of Malta: Northern Region, Eastern Region, Western Region, Port Region, Southern Region, Gozo Region, following the 2019 amendment to the Local Government Act.

The Regional Councils have the power to make bye-laws for the purpose of carrying out their functions. Regional Councils are chaired by a Chairman to be elected from among all Councillors of the localities forming that Region (Article 37A(2)(a) of the Local Government Act). They are responsible for performing functions that are established by the Minister persuant to regulations made following consultation with the Local Councils' Association.

The Minister responsible for finance allocates a financial provision for the exercise of the functions of Local Councils and Regional Councils on the basis of a specific formula.[5] Fiscal autonomy is limited. There are no tax revenues raised at the local level, and local councils do not benefit from shared tax revenue. The greatest share (around 80%) of the Maltese local councils' revenues comes from state grants.[6] Local Councils also receive revenue from licences, fees, and income generated by investment and law enforcement. Sub-national public sector expenditure in 2016 represented 0.88% of the total public expenditure.[7] In nominal terms, direct funds allocated to local authorities amounted to EUR 40 million in 2017.[8] In 2019, Regional Councils were allocated a fund of EUR 3.1 million.[9]

After a consultation process with the internal stakeholders that was started in July 2017, the White Paper on the Local Government Reform has been published in October 2018 proposing an extensive reform of the Local Government. Public consultation on the reforms proposed took place immediately afterwards,[10] and a detailed report presenting the main take-aways from the process has been published on January 2^nd, 2019.[11] On April 26^th 2019, the Local Government Act was amended by virtue of Act No. XIV of 2019.

Central level

National legislative responsibilities in almost all areas (with some joint responsibility services), including, among others:

Arterial and distributor roads determined by the Strategic Plan for the Environment and Development (SPED), approved by the Parliament in July 2015, as the officially recognised document addressing the spatial issues for the Maltese Islands in the coming years;
National monuments, national parks, and gardens;
Industrial estates;
Ports, airports and other national territories, establishments, buildings and items listed in the Fourth Schedule to the Local Government Act;
Primary care, hospitals, and health protection;
Water and sanitation and environmental protection;
Water supply.

Regional level

According to Article 37B of the Local Government Act, last amended in 2019, Regional Councils have the following competences:

The issuance of a call for tenders for waste management which shall come into effect from the year 2022;
The social aspect, which includes researches and report of social impact evaluations;
Assistance to local councils within the region, including professional services in the environmental sector, social, cultural, touristic and information technology;
Assistance to local councils within the region to benefit and successfully manage programmes which are funded by the European Union;
Provision of subsidy to students for researches regarding aspects relating to the region;
Coordination with local councils of sports and physical activities and initiatives, including those relating to welfare;
Coordination with ministries, departments and Government entities to facilitate the work of local councils, including coordination with the maintaining order sections;
To give an opinion regarding the Local Plan and the same opinion will be attached to the report submitted to the House;
The preparation, on an annual basis, of a Work Plan which includes the Region's financial needs and human resources.

Local level

Local Councils have the following responsibilities (Article 33 the Local Government Act):

Establishment, upkeep and maintenance of children's playgrounds, public gardens, sport, culture and other leisure centres, and as part of a national scheme to administer local libraries and to ensure that these are, as far as possible, accessible to all persons;Upkeep and maintenance of local public roads, including proper road signs and road marking;
Urban planning and building schemes;
Issue guidelines to be followed in the upkeep, restoration, design or alteration of the facade of buildings, including the type of lighting and materials used, advertisements and shop fronts, and ensuring that premises open to the public are accessible to all persons;
Maintenance and cleanliness of road signs and road lights, the collection and removal of all refuse, maintenance and upkeep a of all public conveniences, dustbins and collection of waste and to ensure that these are all accessible to all persons;
Maintenance and repair of local roads, pedestrian areas, parking areas, road signs and road markings within the locality, installation and maintenance of bus shelters, pedestrian and parking areas and provide for the protection of schoolchildren in the vicinity of schools;
Providing information relating to the rights of citizens including information on consumers' rights, transport, communications, tourist facilities, taxation, social security, public health and other matters of public utility and interest;*[12]
Propose and, be consulted regarding any changes in traffic schemes directly affecting the locality;
Establishment, upkeep and maintenance of childcare centres, kindergartens and other educational services or buildings;*
Establishment, upkeep and maintenance of health and rehabilitation centres, government dispensaries, health district offices and homes for senior citizens, day centres for senior citizens and night care centres;*
Delegated functions by the central Government;
Maintenance of local public libraries;
Proposing appointees for presidents of primary schools;
Make the best use of facilities already existing in schools in the locality after normal school hours;
Ensure to give effect to the concept of lifelong learning with all residents, particularly adults and the elderly, by providing such service within the same locality;
Promotion of social policy initiatives;
Safeguarding of local identity;
Assistance to artists and musicians and sports persons from the locality;
Organisation of cultural activities;
Protection of the natural and urban environment of the locality;Organisation of sports or physical activities;
Promotion of entrepreneurship;
Providing for all other work not excluded from a Council's competence by law or assigned to another authority.Advise and, be consulted by, any authority empowered to take any decisions directly or indirectly affecting the Council and the residents it is responsible for;
Enter into agreements with any agency or public body or Government department for the delegation to the local council of any of the functions of that agency, public body or department.