MAPE vs Attorney General — Engineers' Constitutional Challenge to Profession Act Dismissed

Malta's engineering association challenged 2021 amendments expanding access to the profession. The Constitutional Court dismissed the case, ruling that court orders only bind named parties and EU proportionality rules do not apply when a profession is expanded.

Constitutional Court of Malta · Constitutional Court of Malta · 16 March 2026

In October 2020, the Malta Association for Professional Engineers (MAPE) obtained a court injunction against the Engineering Profession Board, attempting to prevent it from promoting proposed legislative changes to Parliament. In 2021, Parliament passed amendments to Cap. 321 (the Engineering Profession Act), expanding — not restricting — access to the engineering profession. MAPE challenged those amendments in the Constitutional Court, arguing they were passed in breach of the injunction and violated EU law on professional regulation. The Constitutional Court dismissed the challenge on 16 March 2026 on three grounds: First, a court injunction binds only the parties named in it. The 2020 order was directed at the Engineering Profession Board — it could not and did not bind the Minister or Parliament. Parliament's legislative authority cannot be blocked by an injunction against a subordinate body. Second, the Board played only an advisory role in the legislative process. It did not make law; Parliament did. There was no unlawful delegation of legislative power. Third — and critically for EU law — the Proportionality Test Directive for professional regulation applies only when legislation restricts access to a profession. The 2021 amendments expanded access. A law that opens a profession does not trigger the same mandatory consultation and proportionality analysis as one that restricts it.

Constitutional challenge dismissed in full. The 2021 Engineering Profession Act amendments upheld. MAPE's application rejected on all grounds.

• A court injunction only binds the parties specifically named — it cannot prevent the Minister or Parliament from passing legislation
• When a government board advises on legislation but does not enact it, there is no unlawful delegation of legislative power
• EU proportionality rules for professions are triggered by restrictions on access — not by laws that expand or open up a profession
• Parliament's power to legislate cannot be blocked by a court order directed at a subordinate government body

Engineering Profession Act Cap. 321; EU Proportionality Test Directive 2018/958; Constitution of Malta — separation of powers and parliamentary sovereignty