Issue link: https://maltatoday.uberflip.com/i/1542674
THE concept of overall fairness is ap- plicable in Malta to see whether there was a breach of the right to a fair hear- ing. This was held by the Constitutional Court in Mario Buhagiar vs State Ad- vocate, decided on 5 January 2026. The Constitutional Court was presided over by Chief Justice Mark Chetcuti and judges Giannino Caruana Demajo and Anthony Ellul. The case revolves around a statement that Buhagiar had given to the police without the assistance of a lawyer. He was arrested and charged with drug trafficking offences aggravated by be- ing close to a place frequented by young people—a school. Buhagiar contested the distance from the school indicated in the charge and argued that he was discriminated against because the charges denied him the opportunity to be prosecuted on the basis of the Drug Dependence (Treat- ment not Imprisonment) Act. The First Court did not uphold Buhagiar's claims. In March 2008, the police had searched Buhagiar's car and found some drugs. Later that day the police carried out a search in his residence and found cash and drugs. In 2013, Buhagiar was sen- tenced to a four-year prison sentence and fined €6,000. He appealed and the case is still pending. However, in 2020, Buhagiar filed a constitutional case claiming that he did not receive a fair trial under Article 39 of the Constitu- tion and Article 6 of the European Con- vention. The State Advocate replied by say- ing that the criminal proceedings have not been concluded and therefore, the constitutional case should have been instituted after the criminal appeal was decided. On 25 March 2025, the court of first instance rejected the State Advocate's plea and also Buhagiar's claims. He ap- pealed this judgment. The Criminal Ap- peals Court had to examine the acts of the case to see whether the Magistrates Court could arrive at the conclusion it arrived. Buhagiar argued that the Mag- istrates Court did not carry out a ju- dicial analysis of the facts of the case, including his statement to the police made without assistance of a lawyer. The court of first instance referred to a judgment by the Criminal Appeals Court on 27 January 2021 in Malta vs Martino Aiello, which held that the court could take into account a police statement if it was taken in accordance with the law. The court then had to judge whether the statement was given in accordance with the law. The court pointed out that the state- ment was confirmed under oath before a magistrate. The records of the case showed that Mario Buhagiar was given a caution, in that he had no obligation to reply to the questions, but he admitted to using cannabis and at times selling it to his friends. When the statement was made, there was no right to be assisted by a lawyer. The applicant, Mario Buhagiar tes- tified during the proceedings but the magistrate clearly did not believe his version of events. The fact that he gave a statement to the police without a law- yer present was not in itself a breach of his human rights. The Appeals Court argued that one had to determine whether there was overall fairness in the criminal proceedings. Therefore, one has to examine what took place before the criminal proceedings and what took place during the criminal proceedings. This principle is derived from the Eu- ropean Court of Human Rights such as Beuze vs Belgium of 9 November 2018. The Maltese Constitutional Court held that the case is still sub judice and moved to reject Buhagiar's appeal. IN today's fractured global order, com- petitiveness is no longer just about growth rates or export volumes. It is about power, resilience, and values. For the European Union, the question is clear: Can Europe remain globally com- petitive while holding fast to its social, environmental, and regulatory princi- ples? The EU enters this contest with un- deniable strengths. Its single market remains one of the most powerful eco- nomic assets in the world, offering firms scale, regulatory stability, and reduced transaction costs. At a time when glob- al supply chains are fragmenting and protectionism is resurging, the EU's in- ternal cohesion provides a rare island of predictability. This stability encourages cross-border investment and innova- tion, particularly vital in an era defined by digitalisation and artificial intelli- gence. Europe's human capital is another pil- lar of strength as high-quality education systems and research institutions con- tinue to produce skilled labour across member states. Flagship initiatives such as Horizon Europe demonstrate that collaborative research is not only possible but productive, supporting in- novation in green technologies, STEM sectors, and sustainable industry. In the long term, knowledge remains Europe's most renewable resource. Yet the EU's most distinctive competi- tive tool is also its most controversial— regulation. Through what many call the Brussels effect, the EU has become a global standard-setter in areas such as data protection and environmental gov- ernance. Policies aligned with climate goals, including the Carbon Border Ad- justment Mechanism, signal that Europe intends to align trade with sustainabili- ty. This regulatory leadership gives Eu- ropean firms first-mover advantages in markets increasingly shaped by climate consciousness. However, these strengths mask uncom- fortable vulnerabilities. Compared to the United States and China, the EU contin- ues to lag in productivity growth and the scaling-up of high-tech firms. Fragment- ed capital markets and uneven national regulations still hinder innovation from becoming global success. Moreover, Eu- rope's ageing population threatens long- term labour supply, public finances, and growth potential with challenges that cannot be solved by regulation alone. Geopolitics further complicates the scenario with energy dependence, par- ticularly the costly transition away from Russian supplies, has exposed the EU's strategic fragility. Sanctions, trade dis- ruptions, and rising transport costs place European firms at a disadvantage com- pared to competitors with easier access to raw materials. Meanwhile, trade ten- sions with China and shifting relations with the United States force the EU to diversify partners while defending its economic interests. Ultimately, Europe's competitiveness dilemma is political as much as econom- ic. The EU must decide whether it can balance openness with strategic auton- omy, and regulation with innovation. Sustainability should remain a strength, not a constraint—but only if paired with faster decision-making, deeper capital markets, and bold investment in future industries. If Europe fails to adapt, it risks becom- ing a rule-maker without rule-takers. But if it succeeds, it may yet prove that competitiveness and values are not mu- tually exclusive, just harder to sustain in a changing world. 8 maltatoday | SUNDAY • 18 JANUARY 2026 OPINION & LAW Whether accused received fair trial or not depends on whole criminal process MALCOLM MIFSUD Mifsud & Mifsud Advocates Mariah Meli Mayor of Gharghur Europe's competitiveness at a crossroads: Power, principles, and pragmatism If Europe fails to adapt, it risks becoming a rule-maker without rule-takers. But if it succeeds, it may yet prove that competitiveness and values are not mutually exclusive, just harder to sustain in a changing world The case revolves around a statement that Buhagiar had given to the police without the assistance of a lawyer