The Office of the State Advocate was established in terms of Article 91A of the Constitution as the principal advisor
to Government in matters of law and legal opinion. It is tasked to act in the public interest and to safeguard the
legality of State action and it also performs such other duties and functions as
may be conferred by the Constitution or by any law.
The State Advocate enjoys
constitutional independence and is not subject to the direction or control of
any other person or authority in the performance of the functions conferred.
Until the 18th
December 2019 when the Office of the State Advocate was constituted to take
over the advisory role to Government, the Attorney General was the principal
legal counsel to the Government.
The Office of the State Advocate was established by the State Advocate Act (Chapter 603 of the Laws of Malta) as
a government agency.
The lawyers serving at the
Office of the State Advocate advise Government on all legal matters and deal
mainly with civil, administrative, Constitutional and European Union law
matters. These lawyers draft and examine legal documents and agreements and
tender legal opinions to government officials on matters that entail the interpretation
of legal issues or principles.
The lawyers plead for Government
in the Superior Courts in their civil and constitutional jurisdiction (the
First Hall of the Civil Court, the Court of Appeal and the Constitutional
Court), before the Inferior Courts (the Court of Magistrates) and before
tribunals and boards established by law and in arbitration proceedings. A
number of officers are also specialised in European Union Law.
Lawyers from the Office of
the State Advocate also regularly attend meetings of specialized Committees
and working groups and act as contact points and liaison officers within the
legal structures of the institutions of the European Union, the Council of
Europe and other international organisations.
The Office of the State Advocate acts
as the competent authority for the processing of requests for the international
service of documents in civil and commercial matters and for the taking of
evidence in civil matters.
It is also the function of the
State Advocate to advise Government on proposed legislation, to assist with the
drafting of Bills and to attend the sittings of the House of Representatives
during the passage of such Bills in order to advise the Ministers concerned and
draft any amendments which might be deemed necessary particularly at
Parliamentary Committee Stage.
The Legislation Unit within the
Office of the State Advocate is responsible for keeping the website of the
laws of Malta (legislation.mt) updated.
The State Advocate also acts as
Government Agent before the European Court of Human Rights and the European
Court of Justice.
The lawyers at the Office of
the State Advocate are obliged to follow a Code of Ethics for Advocates and
Legal Procurators specific to the Office of the State Advocate as published in
the Government Gazette apart from Codes of Ethics regulating the legal
profession and the public service in general.