In this article, Andrew Sciberras examines the retiring age of the judiciary, offering his thoughts as to why members of the bench should be afforded a more distant retirement age than 65 or 68. Andrew Sciberras, ‘Retiring age of the Judiciary in Malta’ (Online Law Journal, 4 June 2021). In Malta all members of the […]
In this article, Matthew Zammit examines the activism of the Court of Justice of the European Union to highlight its role in developing the EU’s legal order, primarily through the preliminary reference procedure. Matthew Zammit, ‘The growing legal remit of the European Union via the functioning of the European Court of Justice’ (Online Law Journal, […]
In this article, Dr Tonio Borg discusses Maltese and European Court of Human Rights case-law on pre-trial publicity, and when this can threaten the eventual accused’s presumption of innocence in criminal proceedings. It is a transcript of the author’s keynote speech in the annual Policy Conference organised by GħSL on Friday 16 April 2021, reproduced […]
In this article, Elizabeth-Mary Quintano analyses the interpretation of the Maltese Criminal Code provisions on misappropriation, and the grounds and elements required for this crime to subsist. Elizabeth-Mary Quintano, ‘Misappropriation in the case law of the Maltese Courts’ (Online Law Journal, 3 April 2021). Introduction The crime of misappropriation is regulated by Sections 293 and […]
In this article, Eliza Borg Rizzo reviews the development of international space law and analyses its shortcomings, pointing out lacunae and points for future improvement. The rest of the article can be found in Id-Dritt XXIX. Eliza Borg RIzzo, ‘Il-Liġi Spazjali: Il-passat, il-preżent u l-futur’ (Online Law Journal, 28 March 2021). Daħla 1.1 L-Istorja Il-miti […]
In this article, Martina Calleja delves into detail on the legal and customary principle of non-refoulement. This principle is explored from an international, EU and Human Rights perspective together as an obligation on a State receiving immigrants. This article shows how the principle of non-refoulement is a safeguard for migrants. Martina Calleja, ‘The Principle of […]
In this article, Frances Camilleri-Cassar studies the possibility and benefits of a right to time in order to address working hour discrepancies between the genders and achieve a more gender-equal legal and actual reality. The rest of the article can be found in Id-Dritt XXIX. Introduction The paper was stimulated by the question of time. […]
In this article, Vincent A. De Gaetano elucidates the meaning and significance of the Rule of Law in the light of international instruments and historical events, and assesses the Maltese legal landscape in this context. Brought to you here are chosen extracts on the advice of the author as an indication of the article’s drift. […]
In this article, Dr Tonio Borg reviews the constitutional provisions privileging the government and public authorities in the context of today’s jurisprudence and legal thinking, offering his thoughts on dubious and antiquated provisions. Tonio Borg, ‘Immunities in favour of Government and Public Authorities in the Maltese Constitution‘ (Online Law Journal, 5 December 2020). General Presumably, […]
In this article, Dr Gianluca Barbieri analyses the issuance of guidelines, explanations or instructions by the Commissioner for Revenue and their consistency with classical Maltese legal theory. Gianluca Barbieri, ‘Is the issuance of guidelines, explanations or instructions by the Commissioner for Revenue consistent with Maltese legal theory?‘ (Online Law Journal, 30 November 2020). By virtue […]
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