In 2019, following the recommendations of the Venice Commission, the Government divided the Office of the Attorney General, by separating the advisory and prosecutorial functions, hence creating the Office of State Advocate by virtue of Act XXV of 2019, which was crystallized into Chapter 603 of the Laws of Malta. This necessitated the promulgation of a new Article 91A of the Constitution.
The State Advocate acts as the principal advisor to Government in matters of law and legal opinion. In providing legal advice, he is tasked to act in the public interest and to safeguard the legality of State action. The State Advocate enjoys constitutional independence and is not subject to the scrutiny, direction or control of any other person or authority in the performance of the functions conferred.
The State Advocate also advises Parliamentary Committees, whilst assisting in any drafting required by said committees. Moreover, the State Advocate represents the Government, its Ministries, departments and entities in lawsuits before all legal fora, in Malta and abroad, as the nomenclature implies. Apart from acting as legal counsel to Government in lawsuits, the State Advocate also mirrors the physical embodiment of the State when an individual wishes to sue an organ of the State which does not have legal standing of its own.
Furthermore, the State Advocate acts as a contact point for the purpose of international affairs, such as the service of documents to, and from, counterpart agencies abroad, or the taking of evidence in Maltese or foreign courts.
The Office of the State Advocate also performs other duties and functions such as may be conferred by the Constitution or by other provisions of Maltese law.
The Office of the State Advocate also comprises specialised units which focus on distinct legal fields. These include the European Court of Human Rights (ECHR) Unit and the Legislation Unit.
The ECHR Unit performs tasks related to the European Convention on Human Rights in Strasbourg, drafts action plans and action reports, and works closely with the Department of Execution of Judgements, based in Strasbourg. The Office of the State Advocate has designated agents who represent the State at CDDH meetings, which helps foster international relations and cooperation.
The Legislation Unit oversees the drafting of both primary and subsidiary legislation before submission to Cabinet Office, and the relative publication of the said legislation. It also manages the website www.legislation.mt
