A legal analysis of the Covid-19 pandemic measures introduced In Malta impacting聽the retail sector

Abstract

The Coronavirus Disease 2019 (Covid-19) pandemic has brought with it several challenges, as well as the need to adapt to a new lifestyle. It has left its footprint around all of the world and has affected a lot of sectors within each country in some way or another. In Malta, one of the most affected sectors is the retail sector. The outbreak has necessitated the intervention of the law. The law intervened by means of subsidiary legislation imposing certain restrictions on retail and food and drink establishments. One of the most notable measures are those ordering the closure of these establishments, allowing them only to operate online and by means of take-away. This study lists the pertinent legal notices that affected such establishments, and how they impinged on them. The Covid-19 outbreak also brought about changes to existing laws in order to cater for such extraordinary event. The measures introduced were not generalised to all establishments, but differences were made between the nature of the establishment or the license it possesses. This paper examines the possible grounds on which these measures were based, and whether certain outlets were justifiably exempt from certain restrictive measures. The paper proceeds to mention the powers granted by the Public Health Act to the Minister of Public Health and the Superintendent of Public Health, as well as the powers granted when an emergency is declared, as it was declared in Malta with effect of 7th March 2020. Given the frequent use of subsidiary legislation during the Covid-19 outbreak, the research goes on to determine the merits and pitfalls of the nature of this type of legislation. This also includes as discussion on the enforcement of subsidiary legislation. All of this assists in analysing the overall effect of these measures.