Anyone can be faced with a situation that requires legal representation or advice. Whether large or small, at Grand Legal Malta we strive to protect the interests of our clients, no matter how complex the issue. Some jurists argue that the Order`s claim to sovereignty cannot be upheld. Wilhelm Wengler rejects the view that the recognition of the Order by some states (for example, the Republic of San Marino recognized the SMOM as an independent sovereign state in 1939[89][90][91]) makes it a subject of international law. [92] Ian Brownlie writes: “Even in the realm of recognition and bilateral relations, the legal capacities of institutions such as the Sovereign Order of Jerusalem and Malta must be limited simply because they lack the territorial and demographic characteristics of states. [93] Helmut Steinberger states: “With the historical exception of the Holy See, which maintains diplomatic relations with more than 100 states, contemporary international law grants sovereignty only to states that differ from international organizations or other subjects of international law. [94] This agreement grants the Order the use of the upper part of Fort Sant`Angelo in the town of Birgu with limited extraterritoriality. Its stated aim is “to enable the Order to better carry out its humanitarian activities as the Knights of St John of Sant`Angelo and to better define the legal status of Saint Angelo under Malta`s sovereignty over him”. [107] Responsible for monitoring and auditing the College`s revenues, expenditures and all assets. It is composed of a president, four titular members of the Council and two alternates elected by the General Chapter from among the Knights with particular expertise in legal, economic and financial disciplines. It also serves as an advisory council to the receiver of the common treasury. Grand Legal Malta is located in the north of the Maltese island in St.
Paul`s Bay and strives to provide its private and corporate clients with reliable and experienced legal advice in various areas of law. Dr. Alexandr Boiciuc is highly motivated and committed to excellence, integrity and honesty. It is a collegial consultative body that can advise the Grand Master on relevant legal matters, subject to consultation with the Sovereign Council. It meets at the headquarters of the Order and consists of a President, a Vice-President, a Secretary General and four members. They are appointed by the Grand Master with the advice of the Sovereign Council, ideally from among the members of the Order, and are legal experts, particularly in religious law, public and international law and canon law. One of the first steps you want to take is a discussion and overview of your concern and initial legal advice. Whatever your legal issue, rest assured that we will provide you with all the resources and advice you need to succeed. The Order was founded around 1050 as a monastic community inspired by St. John the Baptist in the Holy Land. The Hospitallers ran a hospice that provided care and shelter to pilgrims of all faiths. In 1113, it received formal recognition as a religious order from Pope Paschal II, who granted it the right to freely elect its superiors without interference from other lay people or religious authorities, and provided the legal basis for its independence.
Before 1798, all knights were religious and had taken the three vows of poverty, chastity and obedience. The Congress of Vienna of 1815 confirmed the loss of Malta. After temporary stays in Messina, Catania and Ferrara, the headquarters of the Order were transferred to Ferrara in 1826 and to Rome in 1834. The Magistral Palace on Via Condotti 68 and the Magistral Villa on the Aventine Hill enjoy extraterritorial status. The Grand Priories of Lombardy-Venetia and Sicily were restored from 1839 to 1841. The office of Grand Master was restored in 1879 by Pope Leo XIII after a vacancy of 75 years and confirmed Giovanni Battista Ceschi a Santa Croce as the first Grand Master of the restored Order of Malta. However, the loss of Malta`s possessions during this period did not affect the Order`s right of active and passive legation, which is legally important for the absolute continuity of international status regardless of previous territorial possessions. [31] Other jurists argue in favour of the College`s claim to sovereignty. The Presidents of the Court, the judges and the Registrar are appointed by the Grand Master with the casting vote of the Sovereign Council from among the members of the Order with legal expertise. Judicial proceedings, with the exception of the guidelines set forth in the Code of Civil Procedure, are governed by the Code of Civil Procedure of Vatican City State. At the written request of States or institutions of international law, magistral tribunals may also act as arbitral tribunals for international disputes. On June 24, 1961, Pope John XXIII adopted the Order`s Constitutional Charter, which states: “The Order is a legal person formally recognized by the Holy See.
It has the status of a subject of international law” (Article 1) and that “the close link between the two qualities of religious order and sovereign order does not preclude the autonomy of the Order in the exercise of its sovereignty and the prerogatives inherent in it as a subject of international law vis-à-vis States”. (Section 3) [31] The Office of the Advocate General provides legal assistance in accordance with the Code of Civil Procedure and is composed of distinguished independent members of the legal profession, legal experts and familiar with the traditions and customs of the College. It is composed of the Advocate General and two alternates appointed by the Grand Master of the Sovereign Council for a renewable term of three years. Bonaparte`s rejection of a British offer, which included a ten-year lease for Malta, led to the reactivation of the British blockade of the French coast; Britain declared war on the France on 18 May. [29] Today, the majority of its members no longer come from old noble families and are accepted for obvious merits acquired through their commitment to the works of the Order of Malta. The Order of Malta is currently working to support the Syrian population who have fled the conflict to neighbouring countries and is carrying out operations in Iraq to help internally displaced people. The Order`s Italian Relief Corps is involved in rescue operations in the Mediterranean, while the Order of Malta`s agencies provide emergency aid to refugees along the migration routes to Northern Europe. The treaty of 1802 was never implemented. Britain resumed hostilities, invoking the imperialist policies of the France in the West Indies, Italy and Switzerland.
[30] The Council of Professed Knights “assists the Grand Master in the spiritual care of the Order and in the management of the First and Second Class.” [1]: Constitution Article 26 It comprises the Grand Master (or Lieutenant), the Grand Commander and five councillors elected by the Chapter of Profession. The Order`s diplomatic vehicles in Italy receive diplomatic plates with the code “XA”. The other vehicles of the Order receive Italian plates with the prefix SMOM. Volunteers are welcome. If you are interested in volunteering, please contact the National Association or Volunteer Corps in your country directly. Napoleon began negotiations with Valletta, the fortified capital. Given the superiority of the French forces and the loss of western Malta, the Grand Master negotiated a surrender before the invasion. [22] Hompesch left Malta for Trieste on 18 June. On 6 July 1799, he resigned as Grand Master.[23] The Order has observer status with the General Assembly of the United Nations and certain specialized agencies of the United Nations.
[81] An example of this is the United Nations Central Emergency Relief Fund, to which it contributed $36,000 from 2006 to 2022. [82] The Order is classified neither as a “non-member state” nor as an “intergovernmental organization”, but as one of the “other institutions that have received a standing invitation to participate as observers”. [83] The Order experienced a leadership crisis that began in December 2016, when Albrecht von Boeselager protested his dismissal as Grand Chancellor by Grand Master Fra` Matthew Festing. In January 2017, Pope Francis ordered Boeselager`s reinstatement and called for Festing`s resignation. [33] [34] [35] [36] [37] Francis also appointed Archbishop (later Cardinal) Giovanni Becciu[38] as his personal representative in the Order – and ousted the Order`s patron cardinal, Raymond Burke, until a new Grand Master was elected. [39] [40] [41] The fact that the Pope actually took control of the Order was perceived by some as a break with the Order`s tradition and independence. [42] The Order is divided regionally into six Grand Priories, six Subpriories and 48 Associations. [57] In recent years, the Order of Malta`s main interventions have taken place in Kosovo and Macedonia, India, South-East Asia (after the tsunami), Afghanistan, Pakistan, the Democratic Republic of Congo, South Sudan, Myanmar, Sri Lanka, Haiti, the Philippines and Nepal.