Issue link: https://maltatoday.uberflip.com/i/1528842
12 maltatoday | SUNDAY • 3 NOVEMBER 2024 LAW & LETTERS Law Report IN a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 Octo- ber 2024, the Court ruled that Article 827(1)(a) of the Code of Organisation and Civil Procedure does not allow the Court to carry out a retrial itself. The Court was presided over by Mr Justice Toni Abela. The Court was deciding on an appli- cation filed by the Defendant for him to file additional pleas in an applica- tion to enforce a judgment outside the EU. In its decree the court held that it should see whether the foreign judg- ment, which may be enforced in Malta was obtained by fraud by one of the par- ties, or else if there was an error in the judgment which can be seen in the acts of the case. The Court should look at the reasons listed in Article 811 of the Code of Or- ganisation and Civil Procedure (COCP) and not carry out a retrial when decid- ing whether a foreign judgment may be enforced or otherwise. The Court pointed out that a retrial may be carried out only by the Court which delivered that judgment as held in Article 814 of the COCP. This is not the case. The foreign court is not car- rying out a retrial. For the retrial to be valid there must be a sworn application procedure. The Court further commented that it waited from December 2020 to May 2023 for the outcome of a Motion for Rehearing in the court in Florida, which is like a retrial under Maltese law. This was an appeal from the Florida judg- ment. After three years the Defendant now wants to wait for the outcome of the appeal. The Court held that what is ac- tually happening is that the case is be- ing drawn out unnecessarily. The court had given deferments in order to assure itself that there was a fair proceeding, however neither was it fair that the ac- tion constituted further delays. The De- fendant has a right to be heard, but also does the Applicant have a right for the proceeding to move forward and be de- cided. The Court held it was unfair that the proceedings will be delayed further when the merits of the case have been decided by a foreign court. The Court then moved to turn down the application to add further pleas. When enforcing a foreign judgment, the Maltese Courts should not carry out a retrial LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates Letters to the Editor Motor annual circulation licence tax THE motor annual circulation licence tax can be very expensive; in some cas- es it can even reach €762 and more. This tax is very unfair for retired senior citizens who drive their car very little during the year. I am retired, and I have covered only 218 miles over a period of two years, as certified by two consecutive VRT certificates. Senior citizens who drive their car over a few miles every year, are not contributing to traffic congestion, and not even to emissions. It is time for senior citizens who drive their cars for a few miles a year to be assisted. A maximum number of miles could be established, and senior citizens pay an annual circulation tax that is pro ra- ta. The number of miles covered over the year may be certified by an annual VRT test, and the odometer may be sealed to avoid any tempering. Thanks to the service introduced by local councils, senior citizens are also spared from using their car for medical and health visits since free transport is available. At present, no distinction is being made between young people who are on the road every day, and retired sen- ior citizens who use their car very little during the year. When is the annual circulation li- cence tax – which as its name implies – refers to the time spent on the road, going to be applied according to the amount of mileage covered during the year, instead of other criteria? Alfred A. Farrugia Attard Obstacles for persons with a disability THE principles enshrined in the Euro- pean Pillar of Social Rights are designed to ensure every EU citizen enjoys funda- mental social and economic rights. The Malta Federation of Organisa- tions Persons with Disability (MFOPD) wants to raise awareness on key princi- ples to make the authorities conscious of the actual situation of persons with disabilities here in Malta: 1. Education, training, and life-long learning: This principle ensures that every person has the right to quality education and training, promoting opportunities for lifelong learning to keep up with changes in the job mar- ket. We are still lagging behind. 2. Equal opportunities: Aims for in- clusive participation; everyone should have a fair shot at employment, edu- cation, and participation in social life, without facing discrimination. Still not the case. 3. Help to get a job: Individuals have the right to assistance in finding em- ployment or setting up their own busi- ness. Still not working smoothly. 4. Flexible and long-lasting em- ployment: Workers are entitled to fair treatment, workplace safety, and access to training to support job se- curity and personal growth. Still not achieved. 5. Protection from extreme poverty: Every individual should have the es- sentials to live, ensuring basic living standards are met for all. Living inde- pendently is still unaffordable for most. 6. Support for those with insufficient income: Those who struggle financially should receive additional government assistance to cover basic needs and services. Some persons with disabilities are still struggling. 7. Support for people with disabil- ities: This principle emphasises the rights of individuals with disabilities to receive support that enables them to live with dignity and participate fully in society. Some persons with disabili- ties are still struggling. 8. Right to housing: Ensures access to affordable, quality housing for all, which is a fundamental aspect of a stable and dignified life. This is one of the issues hindering persons with disa- bilities from living independently. MFOPD urges ministers to consider the above. Marthese Mugliette President MFOPD