Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

The magistrate shall summon the person to be heard to appear at the time and place equipped with video-conference facilities appointed for the purpose by the magistrate. The magistrate shall give effect to any measures for the protection of the person to be heard which the Attorney General may declare to have been agreed upon with the requesting foreign authority. The magistrate shall conduct the hearing and where necessary the magistrate shall appoint an interpreter to assist during the hearing. The magistrate shall ensure that the person to be heard is identified and that the proceedings take place and continue at all times in conformity with the fundamental principles of the law of Malta.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Attorney General receives the request as the central authority. The Court of Magistrate executes the request.

Accepted languages

Accepted languages for the request/decision

Maltese and English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

No specific deadline however requests should be sent in advance of a scheduled hearing to allow time for testing and to make the necessary arrangements with the Magistrate who will be present during the hearing.

Concise legal practical information

Special requirements

The magistrate shall comply with the formalities and procedures indicated in the request of the foreign authority unless these are contrary to the public policy or the internal public law of Malta. The person to be heard may claim the right not to testify which would accrue to him or her under the law of Malta or under the law of the country of the requesting foreign authority.

Last reviewed on 17 September 2022 by EJN Secretariat

NEXT MEASURE

  • Summoning and hearing persons (A.10 - A.14)
  • A.13 Hearing: by telephone conference
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