In this article, Zacharias Micallef discusses the definition of mental capacity under the Mental Health Act as the ability and competence to make independent decisions and assume responsibility of oneself. Whilst this definition does not outline the inabilities related to mental incapacity, it aids to distinguish mental incapacity from mental illness, and thus, indirectly expresses […]
In this article, Adele Gatt Livori examines whether periods spent on-call constitute ‘working time’ or ‘rest periods’ under Directive 2003/88/EC. Through an analysis of key judgments such as SIMAP, Jaeger, Matzak, Radiotelevizija Slovenija, and Stadt Offenbach, it argues that the Court of Justice of the European Union has adopted a structured, constraint-based approach centred on […]
In this article, Ryan Caruana analyses how the Market Abuse Regulation (MAR) reshaped the European Union (EU)’s approach to market abuse by replacing the fragmented framework under the Market Abuse Directive (MAD) with a directly applicable and harmonised regulatory regime. MAR broadened the scope of market abuse by clearly defining insider dealing, unlawful disclosure of […]
In this article, Prof Tonio Borg examines the significance of the exception contained in the definition of administrative act under article 469A of the Code of Organization and Civil Procedure, namely internal organizational matters. The author underlines the different and conflicting judgments interpreting this exception and calls for a legislative intervention to ensure legal certainty. […]
In this article, Shania Dimech provides a comparative analysis of two seminal Maltese criminal cases, Reġina vs Emmanuel Mercieca and Repubblika ta’ Malta vs Edwin Cioffi. The focus is on how Maltese law regulates the boundaries of self-defence in homicide. Through a thorough analysis of the factual circumstances and the judiciary’s reasoning and determinations, the […]
In this article, Saman Bugeja examines the Creditor’s Voluntary Winding UP (CVWU) process under the Maltese Companies Act, offering a detailed overview of the procedures applicable when a company is insolvent and unable to meet its financial obligations. Building on the previous discussion of the Members’ Voluntary Winding Up, the article distinguishes the CVWU as […]
In this article, Saman Bugeja provides an in-depth overview of the Members Voluntary Winding up process under Maltese law as regulated by the Companies Act. The article outlines the preparatory steps required before dissolution, including the settlement of administrative, contractual, and fiscal obligations, and explains the procedural requirements for initiating and conducting such process. Key […]
In this article, Charlene Attard discusses the formation of the Security Council within the United Nations, whilst pointing out the existence of the distinction between the permanent members (P5), who are given the right to veto, and the non-permanent elected members, who do not have such right. She argues that by having the veto, the […]
In this article, Amber Camilleri delves into Maltese medical jurisprudence concerning patient consent, specifically focusing on procedures related to Medically Assisted Procreation. It examines the legal and ethical requirements for obtaining informed consent from prospective parents, highlighting its importance as a cornerstone of medical practice and patient autonomy in Malta. It additionally outlines the rights […]
In this article, Michela Cutajar explores the evolving interpretation of Article 1030 of the Civil Code, the cornerstone of liability arising from the abuse of rights. It traces how Maltese jurisprudence has shifted from an early focus on neighbourly tolerance and the proper limits of exercising one’s rights, toward a modern approach centred on the […]
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