In this article, Jacob Gatt was previously submitted as an assignment for PBL5028 and is being submitted with the author’s permission. The article analyses the relevant procedural grounds in a human rights case in Malta, which led to the unjustifiable outcome of the individual not having full access to remedial action. The article begins by […]
In this article, Omar Rababah examines the role of minor witnesses within the Maltese law of evidence through two landmark criminal cases: Regina vs Giuseppe Attard and Giuseppe Chetcuti (1862) and Regina vs Aloysia and Emmanuel Camilleri (1961). Both cases involved wilful homicide, multiple accused, and death sentences, though only the former was carried out. […]
In this article, Aleysia Saliba examines the Academy for Disciplined Forces Act, which establishes the Academy for Disciplined Forces Board and the Academic Committee. The Board is the Academy’s highest governing body, composed of representatives from the disciplined forces and major educational institutions. Its statutory functions focus on strategic leadership, resource management, academic oversight and quality assurance. […]
In this article, Martina Sammut examines how Multilateral Environmental Agreements (MEAs) contribute to achieving selected Sustainable Development Goals (SDGs), focusing on SDG 13 (Climate Action), SDG 14 (Life Below Water), and SDG 15 (Life on Land). While the SDGs under the 2030 Agenda are non-binding, MEAs provide legally binding frameworks that translate these global goals into concrete […]
In this article, Abigail-Marie Farrugia examines the role of the Medical Council of Malta (MCM) as a regulatory body responsible for maintaining professional standards among healthcare practitioners. It focuses on the Council’s dual investigative and disciplinary functions, which have raised concerns about impartiality and fairness. Central to the discussion is the case Spiteri Dottor Stephen v Kunsill Mediku, […]
In this article, Dr. Sarah Demicoli examines how global legal systems are shifting from viewing environmental harm as a policy issue to a matter of strict legal responsibility. Driven by the accelerating climate crisis, this ‘new legal order’ is emerging through an increased focus on human rights, where the European Court of Human Rights is holding states […]
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 that people […]
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 the degree of […]
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 inside information, […]
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. Prof Tonio […]
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