In this article, Magistrate Scerri Herrera examines the state of Environmental legislation in a substantive, procedural and historical manner, while also comparing the Maltese situation with European Union legislation, International case law and more recent developments in the legal field. Consuelo Scerri Herrera, ‘Environmental Crime, with particular reference to Malta’ (Online Law Journal, 28 November […]
Consuelo Scerri Herrera, ‘Punishing a Recidivist’ (Online Law Journal, 6 March 2017). The punishment of repeat offenders should in principle be harsher than the punishment of first-time offenders. However it is the opinion of the writer that this asymmetry is obviously just a rough structure. It leaves a lot of room for interpretation. I shall […]
Tonio Borg, ‘Juridical Interest in Constitutional Proceedings’ (Online Law Journal, 17 February 2017). In Maltese procedural law, the juridical interest notion is engrained in our legal system, at least in civil law. In our system, to initiate proceedings and open a case before a court of law, plaintiff or applicant must prove juridical interest which […]
Natalino Caruana De Brincat, ‘Employment Law: Engaged in Domestic Duties?’ (Online Law Journal, 6 February 2017). This article will shed light on what should be considered as the general understanding of an employment to perform domestic duties in terms of Maltese Employment Law.2 The author shall delve into the salient provisions of the law and […]
Mark Alexander Grimes, ‘The Potential Impacts of the MFSA’s Proposed Amendments to Banking Rule 09’ (Online Law Journal, 30 January 2017). The Malta Financial Services Authority (the MFSA) recently closed its consultation process on amendments to Banking Rule 09 (BR09), which primarily relate to non-performing loan (NPL) ratios. Reducing domestic non-performing exposures is a long-term […]
Joshua Chircop, ‘New Package Travel Insolvency Fund Regulations’ (Online Law Journal, 6 December 2016). The Minister for Tourism (the Minister), on the recommendation of the Malta Tourism Authority (the Authority), has through Legal Notice 315 of 2016, created the Package Travel Insolvency Fund Regulations (the Regulation) in virtue of the powers conferred by article 47 […]
Natalino Caruana De Brincat, ‘Employment Law: Restraint of Trade Clause’ (Online Law Journal, 21 November 2016). This article will shed light on what should be considered as the general understanding of a restraint of trade in terms of Maltese employment law.2 The author shall be delving into the salient provisions of the law, its applicability […]
Matthew Charles Zammit, ‘The Dieudonne Case: An Examination on the Limits of Satire and Speech under the European Convention on Human Rights’ (Online Law Journal, 15 November 2016). The fine line between what’s acceptable and what is not under the remits of ‘Free Speech’ is a continuous social, political, and legal battle on both the […]
In this article, Andrew Sciberras speculates on potential issues that could arise upon the redemption of a perpetual emphyteusis which have rarely been the subject of court judgments. Carla Farrugia, ‘Article 15 of the ECHR: Should there be a balance between the needs of the State and the rights of the individual?’ (Online Law Journal, […]
Therese Lia, ‘To Be or Not To Be: Legal Consequences arising from a State’s Withdrawal from the EU in light of Brexit’ (Online Law Journal, 2 November 2016). To be or not to be a Member State; with the referendum result of June1 what many Europeans across the bloc construed as being impossible became reality. […]
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