From the bench - I spy: Retaining electronic data in the name of fighting crime

Since joining the European Union, Malta has been subject to the rules passed by the European institutions in Brussels and Maltese courts should also follow the decisions (preliminary rulings) handed down by the Court of Justice of the European Union (CJEU) in Luxembourg.

National courts of member states have the power to refer a case to the CJEU when the case relates to the interpretation or validity of an EU legislation. The Court of the member state will then adopt that interpretation when deciding the local case before it. So, by way of example, if a Court in Malta is faced with an issue threading on EU law, it may refer the point to the CJEU. The CJEU will then assist by interpreting the matter.

In 2021, there were 587 preliminary references submitted by national courts to the CJEU. Following a referral, the CJEU hands down its preliminary ruling. The CJEU does not itself apply EU law to a dispute brought by a referring court (National Court), as its role is only to help resolve it. Ultimately it is the role of the national court to draw conclusions from the CJEU’s preliminary ruling. It is important to highlight that preliminary rulings are binding both on the referring...