I. Historical Background

Malta is characterized by a long tradition of close relations between Church and State. The first Self Government Constitution, given by the government of the British Empire in 1921, did not include a state-religion. But the first Act passed by the Maltese Legislative Assembly determined the Catholic faith as the religion of Malta.
In 1967 Malta became independent from Great Britain. It was hardly discussed how the relation between State und Religion should be regulated in the independent country. The result of the lengthy discussion was an alteration of the Constitution in 1974. From now on the freedom of conscience provided that no adherence to a religious faith should be a requirement for state positions or state examinations. Furthermore all supposed or real privileges enjoyed by the bishops were abolished. As a consequence of the new policy, the Theological Faculty at the University was excluded and the Catholic schools were threatened in there existence. The hardest step was the so called “Devolution Act” that stipulated the expropriation of immovable property. But this act never attained its goal, because it was proclaimed unconstitutional by the courts of Malta. The turn came with the change of government in 1987. Since then the relation between State and Church improved and all the disputed points were systematically tried to be solved.

II. Social Facts

No more than 400,000 people live on the Maltese Islands. Although there is no reliable number concerning the religious faith, most people are baptised Catholics. Social life is characterized by the Catholic tradition. Nevertheless there are Protestant Churches such as Anglican, Presbyterian, and Baptist which are frequently visited by foreign residents. Besides, there is a nuclei of Jehovah’s Witness und Unification followers. Malta has a mosque mainly visited by foreign Muslims and a small number of Maltese wives of Muslim husbands.

III. Basic Categories of the System

The most important article in the Maltese Constitution dealing with the status of the religion in Malta is Art. 2. It determines that the religion of Malta is the Roman Catholic Apostolic Religion. But it does not oblige all the inhabitants to be Catholic because it is recognized that this article only has a descriptive effect.
Moreover this article guarantees the Church the right to teach, even if the Catholic Apostolic faith will not be the majority’s faith anymore.

IV. Cultural and societal exercise of functions

The Catholic Church has a relatively great influence on the formation of opinions compared to other European countries. It maintains a radio station and two weekly magazines. Moreover, the liturgical calendar of the Catholic Church provides the rhythm of the Maltese week and year. It leads to a high number of people going frequently to mass on Sunday.
A quarter of the Maltese people attend one of the 60 ecclesiastical schools. This is just one example how the church embellishes the social life in Malta. It maintains a day nursery for children of school age, a number of orphanages and the only home for handicapped people on the whole island. The latest task is to look after refugees of the Third World. Therefore the Jesuits founded a Justice Commission championing the cause of dignified treatment of illegal immigrants.
Despite the great influence on the social life, the Church tries to keep out of political disputes. Nevertheless the Church forms the public opinion indirectly.
Finally, the Church owns the third biggest bank in Malta, the ASP bank.

V. Legal foundations

Four articles in the Constitution deal with the relation between Religion and State (Art. 2, 32, 40, 45). Article 2 in its sub-article (3) guarantees the religious teaching of the Catholic faith. Once more, it is not an obligation for pupils to take part in the lessons but it obliges the State to provide and to finance it.
Irrespective of the faith, each person has fundamental rights, such as the freedom of conscience, Article 32. Malta is known as a State of hospitality and tolerance with regard to other races and religions. Article 40 underlines the protection of the freedom of conscience and religion. This article is the result of a compromise made between the Vatican and the Maltese government.
Finally, Article 45 ensures the legal protection and compensation possibilities in the case of discrimination.
A part from the articles in the Constitution, there exist bills which try to determine and maintain a balanced relation between State and Religion and between the different religions itself.