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# Għaqda Studenti tal Liġi

Għaqda Studenti Tal-Liġi (Malta Law Students’ Society) is a faculty based non-profit organisation at the University of Malta representing all law students.

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## Posts

- [Launch of Id-Dritt XXXVI](https://www.ghsl.org/latestnews/launch-of-id-dritt-xxxvi/) - 📢Save the date – Id-Dritt XXXVI is here! The 36th edition of Id-Dritt will be officially launched on Thursday, 7th May at 5:00PM at the Notarial Archives Foundation.🏛️ This year’s volume brings together a diverse range of contributions from across the legal profession, including advocates, notaries and members of the judiciary, alongside work from emerging
- [Ir-Riforma tal-Kors tal-Liġi | An GħSL Policy Paper](https://www.ghsl.org/latestnews/ir-riforma-tal-kors-tal-liġi-an-ghsl-policy-paper/) - Għaqda Studenti tal-Liġi is proud to announce the launch of this year's Policy Paper: Ir-Riforma tal-Kors tal-Liġi. Over the past term, GħSL has gathered feedback from students to understand their experiences within the law course, engaging a total of 100 participants. This process has culminated in a policy paper that identifies the key areas in need
- [The Academy for Disciplined Forces Board and the Academic Committee: Assessing the Two Bodies set up by the Academy for Disciplined Forces Act](https://www.ghsl.org/lawjournal/the-academy-for-disciplined-forces-board-and-the-academic-committee-assessing-the-two-bodies-set-up-by-the-academy-for-disciplined-forces-act/)
- [The Role of Multilateral Environmental Agreements in Advancing SDGs 13, 14, and 15](https://www.ghsl.org/lawjournal/the-role-of-multilateral-environmental-agreements-in-advancing-sdgs-13-14-and-15/)
- [The Medical Council of Malta: Analysing its Disciplinary and Investigative Functions through the Ruling Spiteri Dottor Stephen v Kunsill Mediku et](https://www.ghsl.org/lawjournal/the-medical-council-of-malta-analysing-its-disciplinary-and-investigative-functions-through-the-ruling-spiteri-dottor-stephen-v-kunsill-mediku-et/)
- [The New Legal Order of Environmental Accountability](https://www.ghsl.org/lawjournal/the-new-legal-order-of-environmental-accountability/) - Download Full PDF Version Note This article provides a preliminary overview and thematic extension of the full-length article, ‘The New Legal Order of Environmental Accountability’, forthcoming in the XXXVIth edition of Id-Dritt. While the principal study focuses on environmental human rights and criminal accountability, this piece introduces complementary corporate and ESG developments. Both the forthcoming
- [Mental Capacity Certification in Malta: Assessing its Process and Juridical Significance under the Mental Helth Act](https://www.ghsl.org/lawjournal/mental-capacity-certification-in-malta-assessing-its-process-and-juridical-significance-under-the-mental-helth-act/) - Download Full PDF Version Introduction The objective of this article is to outline the process to certify mental incapacity as described in the Mental Health Act, Chapter 525 of the Laws of Malta, and discuss the juridical significance of this certification to the regulation of mental health services in Malta. This will be done by
- [Redefining Market Abuse: How the EU's Market Abuse Regulation Shapes Enforcement, Liability and Sanctions](https://www.ghsl.org/lawjournal/redefining-market-abuse-how-the-eus-market-abuse-regulation-shapes-enforcement-liability-and-sanctions/) - Download Full PDF Version Introduction One of the aspirations of the European Union (EU) is to maintain a genuine internal financial services market based on integrity and investment confidence.1 Market abuse is one of the most serious unlawful forms of behaviour detrimental to market integrity through which select investors gain undue advantage over others.2 Consequently,
- [Administrative Acts and Measures of Internal Organization or Administration: A Legal Analysis](https://www.ghsl.org/lawjournal/administrative-acts-and-measures-of-internal-organization-or-administration-a-legal-analysis/) - Download Full PDF Version Judicial review of administrative action under article 469A of the Code of Organization and Civil Procedure depends on two conditions, namely that an act has to be classified as administrative and that said act must be performed by a public authority. Article 469A provides a definition of the term administrative act:
- [A Comparative Analysis of Reġina vs Emmanuel Mercieca and Repubblika ta' Malta vs Edwin Cioffi: Parallels in Law and Fact](https://www.ghsl.org/lawjournal/a-comparative-analysis-of-regina-vs-emmanuel-mercieca-and-repubblika-ta-malta-vs-edwin-cioffi-parallels-in-law-and-fact/) - Download Full PDF Version Introduction The cases of Reġina vs Emmanuel Mercieca1 and Repubblika ta’ Malta vs Edwin Cioffi2 are landmark judgements in the history of Maltese Criminal Law that focus on the limits of self-defence and the principle of proportionality in homicide cases. Through the analysis of these cases, a critical distinction emerges between
- [Does access to abortion clash with equality of rights?](https://www.ghsl.org/lawjournal/does-access-to-abortion-clash-with-equality-of-rights/) - Download Full PDF Version Every life is inherently precious and has to be protected in every possible way. Hence, the principle defining equality, or aequalitas, in the eyes of the law is that all people must be equally protected by the same law. This concept has long been the subject of philosophical and moral controversy,
- [Navigating Through the Process of a Members Voluntary Winding Up](https://www.ghsl.org/lawjournal/navigating-through-the-process-of-a-members-voluntary-winding-up/) - Download Full PDF Version Introduction Dissolution and consequential winding up is a critical process in the life cycle of a company, marking its transition from active business operations into a state of liquidation, which is eventually sealed by complete closure. Under Maltese law, the dissolution of companies is governed by the Companies Act (the Act),1
- [Creditor's Voluntary Winding Up](https://www.ghsl.org/lawjournal/creditors-voluntary-winding-up/) - Download Full PDF Version Introduction Following the first article in this series, dealing with the process of a member’s voluntary winding up (the ‘MVWU’), the focus of this article will shift to the second mode of voluntary winding up which is the creditor’s voluntary winding up (the ‘CVWU’) under the Companies Act.1 Since there is
- [Authority after the Duty to Obey: Towards a New Theory of Political Legitimacy](https://www.ghsl.org/lawjournal/authority-after-the-duty-to-obey-towards-a-new-theory-of-political-legitimacy/) - Download Full PDF Version IntroductionThe concept of legitimacy has long been intertwined with the idea of obedience to authority. Historically, the legitimacy of an authority or ruler was often seen as contingent upon the willingness of citizens to obey their commands.1 According to this view, an authority or ruler is considered legitimate if its subject
- [Assessing On-Call Time Under EU Law: Is It True that the Court of Justice Determines 'Working Time' by Reference to Response Time, Location Constraints, Distance, and Available Leisure Opportunities?](https://www.ghsl.org/lawjournal/assessing-on-call-time-under-eu-law-is-it-true-that-the-court-of-justice-determines-working-time-by-reference-to-response-time-location-constraints-distance-and-available-leisure-opportunities/) - Download Full PDF Version Introduction This article examines whether the above statement accurately reflects the approach of the Court of Justice of the European Union (CJEU) when determining whether periods spent on-call constitute ‘working time’ or ‘rest periods’ under Directive 2003/88/EC. The classification of on-call time has long presented difficulties within EU labour law, particularly
- [The Position of the Permanent 5 in the United Nations Security Council](https://www.ghsl.org/lawjournal/the-position-of-the-permanent-5-in-the-united-nations-security-council/) - Download Full PDF Version Introduction The United Nations (UN), comprised of 193 members, is arguably the highest held institution in global relations and democracy. Within the UN, the Security Council (UNSC) is crucial for the upkeeping of international peace, and resolving political issues. The UNSC holds two levels of members; permanent and non-permanent elected members.
- [Medically Assisted Procreation in Malta: Consent, Autonomy and Regulation](https://www.ghsl.org/lawjournal/medically-assisted-procreation-in-malta-consent-autonomy-and-regulation/) - Download Full PDF Version Introduction Consent is known to be a universal cornerstone of medical practice. As a whole, it embodies the principle of respect for both an individual's physical and mental autonomy. In the realm of Medically Assisted Procreation (MAP), this concept of consent takes on an even greater significance, delving into deeply personal
- [Beyond the Proper Limits: The Evolving Standard of Liability under Article 1030 of the Civil Code](https://www.ghsl.org/lawjournal/beyond-the-proper-limits-the-evolving-standard-of-liability-under-article-1030-of-the-civil-code/) - Download Full PDF Version IntroductionArticle 1030 of the Civil Code states that ‘Any person who makes use, within the proper limits, of a right competent to him, shall not be liable for any damage which may result therefrom’. A contrario sensu, liability arises when rights are not exercised within the proper limits, complementing article 1031
- [National Security and Freedom of Expression under the European Convention of Human Rights: Rethinking the European Court of Human Rights' General Approach](https://www.ghsl.org/lawjournal/national-security-and-freedom-of-expression-under-the-european-convention-of-human-rights-rethinking-the-european-court-of-human-rights-general-approach/) - Download Full PDF Version IntroductionArticle 10 of the European Convention on Human Rights (ECHR) deals with Freedom of Expression, a right which is considered as one of the essential foundations of a democratic society.1 A reading of the said Article within the Convention shows that this right to receive and impart information is not an
- [Supremacy of EU Law: The CJEU Rules on the Validity of a Foreign Jurisdiction Clause under the Brussels I Recast Regulation](https://www.ghsl.org/lawjournal/supremacy-of-eu-law-the-cjeu-rules-on-the-validity-of-a-foreign-jurisdiction-clause-under-the-brussels-i-recast-regulation/) - Download Full PDF Version IntroductionOn the 25th April 2024, the Court of Justice of the European Union (‘CJEU’), composed of Judges P.G. Xuereb, A. Kumin and I. Ziemele, in Joined Cases C-345/22, C-346/22 and C-347/22 in the names Maersk A/S v Allianz Seguros y Reaseguros SA and Mapfre España Compañía de Seguros y Reaseguros SA
- [Adoptio and Adrogatio: A Comparative Analysis of the Twin Institutes in Roman Law](https://www.ghsl.org/lawjournal/adoptio-and-adrogatio-a-comparative-analysis-of-the-twin-institutes-in-roman-law/) - Download Full PDF Version IntroductionAdoption and adrogatio have a long history in Roman law. In the annals of Roman history, one can find the famous adoption of Octavian by Gaius Julius Caesar.1 Although this practice hints at a more upper class or aristocratic usage of this provision of Roman law, there are also cases of
- [The University of Malta is not Above the Law: An Analysis of the Stephanie Dalli Case](https://www.ghsl.org/lawjournal/the-university-of-malta-is-not-above-the-law-an-analysis-of-the-stephanie-dalli-case/) - Download Full PDF Version Definition and Historical Background of Education LawEducation law, forming part of public law, refers to a set of legal frameworks which work together in governing all education systems, ensuring that both the rights and obligations of all educators and students are upheld.1 One should note however that education law in Malta
- [Protecting the Vulnerable: An Analysis of Child and Elder Abuse Laws in Malta](https://www.ghsl.org/lawjournal/protecting-the-vulnerable-an-analysis-of-child-and-elder-abuse-laws-in-malta/) - Download Full PDF Version Introduction In familial contexts, violence disrupts the sanctity of domestic spaces meant for solace and security. As Durose argues, family violence encompasses various abuses by individuals related to the victim/s, whether biologically or legally.1 Often suppressed, family violence includes child and elder abuse.2 The former comprises physical, sexual, and emotional violence
- [Hotel-Keeper's Responsibility as a Bonus Pater Familias](https://www.ghsl.org/lawjournal/hotel-keepers-responsibility-as-a-bonus-pater-familias/) - Download Full PDF Version Introduction The role of the hotel-keeper transcends mere hospitality: it embodies a profound responsibility akin to the Roman Law concept of the bonus pater familias. As the custodian of an accommodation establishment, the hotelkeeper assumes a duty of care, ensuring the well-being and comfort of both guests and visitors. The duty
- [Public Emergency Law under the Maltese Constitution](https://www.ghsl.org/lawjournal/the-provisions-of-the-constitution-of-malta-on-public-emergency-law/) - Download Full PDF Version IntroductionThe Constitution of Malta stands as the cornerstone of the nation’s governance, recognising and safeguarding the fundamental rights of its citizens while clearly defining the powers and responsibilities of the state. Among its provisions are those relating to public emergency law, which empowers the government to take extraordinary measures during national
- [The Hospitals Saga: Some Questions - A Few Answers](https://www.ghsl.org/lawjournal/opinion-by-judge-a-borg-barthet-on-the-powers-of-the-state-advocate/) - Download Full PDF Version The judgments in the Delia/Hospitals Case1 and the Bernard Grech/State Advocate case2 raised a number of issues of a constitutional law nature, as well as issues concerning the Code of Organization and Civil Procedure and the Civil Code. They also were an opportunity to clarify the provisions of articles 31 and
- [Opinion by Judge A. Borg Barthet on the Powers of the State Advocate](https://www.ghsl.org/lawjournal/opinion-by-judge-a-borg-barthet-on-the-powers-of-the-state-advocate-2/) - Download Full PDF Version On the 15th November 2023, I gave my legal opinion to the State Advocate on whether, he as State Advocate was entitled to take judicial action motu propio against third parties to recover money that they have allegedly appropriated to the detriment of the State. A copy of that opinion was
- [The FIAU Judgments; A Critical Legal Analysis](https://www.ghsl.org/lawjournal/the-fiau-judgments-a-critical-legal-analysis/) - Download Full PDF Version The two judgments1 delivered on 18th of November 2024 by the Constitutional Court, revoking the judgments of the First Hall of the Civil Court which had ruled that the laws allowing the Financial Intelligence Analysis Units (FIAU) to impose hefty administrative fines were unconstitutional, have raised their fair share of controversy.
- [Proclamation XXII of 1814: Maitland's Blueprint for Police Reform in Malta and Its Lasting Impact on Maltese Criminal Law](https://www.ghsl.org/lawjournal/proclamation-xxii-of-1814-maitlands-blueprint-for-police-reform-in-malta-and-its-lasting-impact-on-maltese-criminal-law/) - Download Full PDF Version Broadly speaking, the police are the civil force of a democratic state - a structured body of men and women who take an oath to uphold and defend the constitution. Thus these uniformed officers’ duty is not only to maintain public order but they are also responsible for the enforcement of
- [In Homes where there is Animal Abuse, it is Important for the Criminal Justice Response to look out for Intimate Partner Violence as well.](https://www.ghsl.org/lawjournal/in-homes-where-there-is-animal-abuse-it-is-important-for-the-criminal-justice-response-to-look-out-for-intimate-partner-violence-as-well/) - Download Full PDF Version 1. Introduction The term "domestic abuse," also known as "domestic violence" or "intimate partner violence," refers to a pattern of behaviour used in any relationship to gain or keep control and authority over an intimate partner. Abuse is described as behaviour that coerces or threatens the other partner, or that is
- [The Office of State Advocate and the Bernard Grech Case](https://www.ghsl.org/lawjournal/the-office-of-state-advocate-and-the-bernard-grech-case/) - Download Full PDF Version The Office of State Advocate was established in 2019 following recommendations made by the Venice Commission of the Council of Europe regarding the anomaly where the then Attorney General had the dual function of serving as an independent director of criminal prosecutions and at the same time the chief legal advisor
- [Intergenerational Equity: A Move Towards Environmental Justice](https://www.ghsl.org/lawjournal/intergenerational-equity-a-move-towards-environmental-justice/) - Download Full PDF Version Traditionally, justice means giving everyone their due. In environmental justice, this is achieved by today’s generation enabling future generations to enjoy the same, or better, environmental rights. This concept has caused a paradigm shift in environmental policy and legislation. Many of the proposed national and international environmental policies and laws have
- [Describing and Analysing the Disciplinary and Investigative functions of the Medical Council of Malta.](https://www.ghsl.org/lawjournal/describing-and-analysing-the-disciplinary-and-investigative-functions-of-the-medical-council-of-malta/) - Download Full PDF Version 1. The Medical Council The Medical Council of Malta (MCM) is the regulatory body for the registration and regulation of Doctors and Dentists in Malta, whose offices are situated in the former St. Luke’s Hospital, completely independent of any other department situated in said building.1 It is an autonomous body that
- [Financial Autonomy in Marriage: Legal Trends in Prenuptial Agreements](https://www.ghsl.org/lawjournal/financial-autonomy-in-marriage-legal-trends-in-prenuptial-agreements/) - Download Full PDF Version Introduction When exploring the legal frameworks that govern marriage, financial autonomy emerges as a recurring topic and stands as a pillar in philosophical discourse. As the law tries to adapt to contemporary developments in society and relationships, the legal mechanisms that protect individual autonomy, particularly in marriage, have undergone careful scrutiny,
- [Threshold Competency from a Medico-Legal Perspective](https://www.ghsl.org/lawjournal/threshold-competency-from-a-medico-legal-perspective/) - Download Full PDF Version Introduction The maxim actus non facit reum nisi mens sit rea stipulates that nobody can be found criminally liable unless he has the required criminal intent accompanying the offence committed.1 However, certain conditions might render the said person dolo incapax. How does one define the fine line between dolo capax and
- [The Development of Marriage in the Civil Law Tradition with particular reference to Canon Law](https://www.ghsl.org/lawjournal/the-development-of-marriage-in-the-civil-law-tradition-with-particular-reference-to-canon-law/) - Download Full PDF Version The institution of marriage, a foundational aspect of societal structure and personal relationships, has undergone significant evolution over the centuries. This evolution is especially evident when examined through the perspectives of Civil and Canon law. Civil law, with its roots in Roman jurisprudence, presents a more secular and contractual view of
- [The Environment and the Common Good](https://www.ghsl.org/lawjournal/the-environment-and-the-common-good/) - Download Full PDF Version The common good may be defined as ‘the good in all human beings whilst the common goods are ought to be enjoyed by all human beings.’1 There is a frequent misconception that ‘Common good’ and ‘Common goods’ are the same, but these notions, although related are not identical. Common goods may
- [Considering the Various Anti-Doping Rule Violations and the Level of Proof Required in Such Cases](https://www.ghsl.org/lawjournal/considering-the-various-anti-doping-rule-violations-and-the-level-of-proof-required-in-such-cases/) - Download Full PDF Version “From this inhuman pressure doping is born because the athlete feels the imperative of having to be No.1. I believe instead that Sport should be a private pressure. A challenge for yourself.” ---- Bode Miller ---- The main and fundamental objective of sports communities and federations is to enable athletes to
- [Human Rights and the Environment: A Priority for the Council of Europe](https://www.ghsl.org/lawjournal/human-rights-and-the-environment-a-priority-for-the-council-of-europe/) - Download Full PDF Version In recent years, there has been an increase in the number of persons and organisations using Europe's unparalleled system for human rights protection to address environmental issues. The Convention for the Protection of Human Rights and Fundamental Freedoms dates back to the 4th of November 1950. Signed in Rome within the
- [Are Material Considerations and Planning Policies Equally Important in the Context of Article 72 of Chapter 552 of the Laws of Malta?](https://www.ghsl.org/lawjournal/are-material-considerations-and-planning-policies-equally-important-in-the-context-of-article-72-of-chapter-552-of-the-laws-of-malta/) - Download Full PDF Version 1. Introduction Article 72 of the Development Planning Act, tackles the determination of the granting of a permission, which is the ultimate goal of the client, and it could also be of interest to a potential third party, to know whether a permit was granted or refused. Article 72(2) goes on
- [Technocracy: An Alternative to Democracy?](https://www.ghsl.org/lawjournal/technocracy-an-alternative-to-democracy/) - Download Full PDF Version The debate concerning democracy and technocracy as systems of government is longstanding and has become more prominent with the development of the modern state and economy. It centres on the question of whether government should be in the hands of the general people or the technical experts. Whereas democracy empowers the
- [The Legal Framework of Local Self-Government](https://www.ghsl.org/lawjournal/the-legal-framework-of-local-self-government/) - Download Full PDF Version Introduction Local self-government plays a pivotal role in the governance and administration of territories, ensuring that communities have a voice in their own affairs and that public services are delivered effectively. In the case of Malta, a small Mediterranean island nation, the legal framework for local self-government is a cornerstone of
- [In memory of Judge Ena Cremona](https://www.ghsl.org/latestnews/in-memory-of-judge-ena-cremona/) - Ena Cremona graduated at the end of a course of laws studded with judicial and political prima donnas, among whom featured two prime ministers, a president of the republic, various ministers, a Chief Justice, together with other judges, international and domestic, magistrates, professors, ambassadors – the 1958 Establishment, to abuse a phrase compulsory in todays’
- [Launch of Id-Dritt XXXIV](https://www.ghsl.org/latestnews/launch-of-id-dritt-xxxiv/) - The GħSL Publications Office is proud to launch the 34th edition of the annual prestigious law journal ‘Id-Dritt’. The launch event will be held from 15:00 to 17:00 at the University of Malta’s Aula Prima, Valletta Campus, on the 10th of May. The event will consist of an introduction by GħSL and interventions by three
- [GħSL Annual General Meeting 2024](https://www.ghsl.org/latestnews/ghsl-annual-general-meeting-2024/) - A run down of what happened last Monday; Amendments to the GħSL Statute ;Sharing of Annual Reports ;Sharing of the Financial Report; andAppointment of Electoral Commission and Disciplinary Board Following the Annual General Meeting and the electoral procedures as per the GħSL Statute, we would like to announce the upcoming Executive Board for the academic
- [Launch of Notes on the Law of Succession and Selected Essays in Family Law](https://www.ghsl.org/latestnews/launch-of-notes-on-the-law-of-succession-and-selected-essays-in-family-law/) - Double Book Launch With exams fast approaching, GħSL is proud to unveil not one, but TWO exciting new publications: Dive into the world of family law with our Selected Essays collection. Explore the intricacies of succession law with our Notes publication. These insightful resources offer fresh perspectives, bridging academic theory with practical know-how. They’re the
- [GħSL AGM 2024 notice](https://www.ghsl.org/latestnews/ghsl-agm-2024-notice/) - GħSL’s Annual General Meeting shall be held on the 22nd of April 2024 at 18:00pm in Lecture Theatre (University of Malta Campus) wherein all Executive Board members shall recount their experience as forming part of the team, as well as providing an outline of the events organised by them along the past academic year within
- [New Academic Sponsor](https://www.ghsl.org/latestnews/new-academic-sponsor/) - GħSL are delighted to announce our new academic sponsors, Ganado Advocates We look forward together with Ganado to bringing you more exciting opportunities and showcasing even more exciting initiatives through this partnership! We would like to thank Ganado Advocates for supporting us in further advancing legal education and academia for all law students Stay tuned
- [Constitutional Supremacy: Different Experiences in the United States, India, and Malta](https://www.ghsl.org/lawjournal/constitutional-supremacy-different-experiences-in-the-united-states-india-and-malta/) - Download Full PDF Version United States The idea of a written Constitution being supreme is a relatively recent one. It was only with the birth of the Constitution of the United States of America in 1787 that the idea was born that a written constitution should be regarded as the apex or the supreme law;
- [Sustainability in the Hotel Industry](https://www.ghsl.org/lawjournal/sustainability-in-the-hotel-industry/) - Download Full PDF Version Sustainability principles refer to the environmental, economic, and socio-cultural aspects of tourism development, and a suitable balance must be established between these three dimensions to guarantee its long-term sustainability.[1] Introduction There has been a developing concern over the adverse effects that the environment has been experiencing, which have most notably been
- [Fractional Reserve Banking: An Insight into Coercive and Legitimate Aspects while Peeking into the Future of Financial Stability](https://www.ghsl.org/lawjournal/fractional-reserve-banking-an-insight-into-coercive-and-legitimate-aspects-while-peeking-into-the-future-of-financial-stability/) - Download Full PDF Version Introduction Fractional Reserve Banking is a term given to a banking system implemented globally, a system that uses ‘high powered money as only a fraction of its total assets rather than one hundred per cent reserve banking.’[1] The elaboration of this definition opens up into a world of contradictions on aspects
- [Response to the report of the Commissioner for Standards - 5/3/2024](https://www.ghsl.org/latestnews/response-to-the-report-of-the-commissioner-for-standards-5-3-2024/) - For the Full Report of the Commissioner, including our complaint and the response of the Prime Minister, click here On 22nd February, 2023, GħSL lodged a complaint with the Commissioner for Standards in Public Life against the Prime Minister, requesting an investigation into two incidents: Comments made by the Prime Minister on 22nd and 23rd
- [Military, Martial, and Public Emergency Law: An Analysis of these three branches of law in relation to the Armed Forces of Malta](https://www.ghsl.org/lawjournal/military-martial-and-public-emergency-law-an-analysis-of-these-three-branches-of-law-in-relation-to-the-armed-forces-of-malta/) - Download Full PDF Version Military Law Military law is a branch of public law[1] which relates to the governance of the Armed Forces as established by the Malta Armed Forces Act, and the subsidiary legislation thereunder.[2] The President of Malta is empowered by Chapter 220 of the Laws of Malta (Cap. 220) to ‘raise by
- [How  far can it be argued that the right to a clean, healthy, and sustainable environment is a fundamental human right?](https://www.ghsl.org/lawjournal/how-far-can-it-be-argued-that-the-right-to-a-clean-healthy-and-sustainable-environment-is-a-fundamental-human-right/) - Download Full PDF Version The Environment and Human Rights Human activity which is unsustainable is jeopardising the fundamentals of life across the globe, leading to the environment being under threat. Such threats are a result of various issues, akin to climate change caused by greenhouse gas emissions, as well as a substantial mitigation in biodiversity,
- [Broken Windows Theory: Does the state of our neighbourhood induce or reduce crime? And what can be done to stop the cycle?](https://www.ghsl.org/lawjournal/broken-windows-theory-does-the-state-of-our-neighbourhood-induce-or-reduce-crime-and-what-can-be-done-to-stop-the-cycle/) - Download Full PDF Version Introduction From the early 1970s until mid-1990s, America experienced a crime epidemic without equal. This crime wave, unprecedented in modern times, saw almost every category of crime, including serious crimes such as homicide, reach its historic peak levels, according to American crime statistics.[1] However, interestingly, this increasing crime trend was reversed
- [The Impact that the Judgment of the European Court of Human Rights in De Legé v The Netherlands May Have on Maltese Tax Law](https://www.ghsl.org/lawjournal/discuss-the-impact-that-the-judgment-of-the-european-court-of-human-rights-in-de-lege-v-the-netherlands-may-have-on-maltese-tax-law/) - Download Full PDF Version De Legé v The Netherlands: Background The crux of the European Court of Human Rights (ECtHR) judgment, De Legé v The Netherlands, revolved around the privilege against self-incrimination, arising from Article 6(1) of the European Convention on Human Rights, within a financial law context. In invoking this privilege, applicant Mr Levinus
- [Strasbourg's Emergency Glass: A Brief Overview of Interim Measures within the Framework of the European Court of Human Rights](https://www.ghsl.org/lawjournal/strasbourgs-emergency-glass-a-brief-overview-of-interim-measures-within-the-framework-of-the-european-court-of-human-rights/) - Download Full PDF Version A Necessary Preamble: Defining 'Interim Measures' Whilst Leach suggests that there exists no, ‘injunctive process as such within the European Convention system’,[1] the European Court of Human Rights retains the ability to issue interim measures, even if the European Convention on Human Rights itself makes no outward pronunciation to this end.
- [The Representations of Law in Cinema: Movies as a Predictive Tool for Legislation](https://www.ghsl.org/lawjournal/the-representations-of-law-in-cinema-movies-as-a-predictive-tool-for-legislation/) - Download Full PDF Version Introduction In the realm of law, the analysis and understanding of legal principles, systems, and their societal impact has traditionally relied upon legal texts, judicial decisions, and scholarly discourse. However, the emergence of cinema as a powerful medium of storytelling has provided a unique avenue for exploring and representing various aspects
- [Procedural pitfalls in filing a human rights case in Malta and before the European Court of Human Rights](https://www.ghsl.org/lawjournal/procedural-pitfalls-in-filing-a-human-rights-case-in-malta-and-before-the-european-court-of-human-rights/) - Download Full PDF Version Introduction Article 46 of the Constitution provides for the enforcement of protective provisions by stipulating detailed provisions for seeking redress for violations of human rights. It lays down that if a person alleges that any of the provisions in Articles 33 to 45 of the Maltese Constitution ‘has been, is being
- [Climate change mitigation as a consideration in the determination of an application for development permission.](https://www.ghsl.org/lawjournal/climate-change-mitigation-as-a-consideration-in-the-determination-of-an-application-for-development-permission-/) - Download Full PDF Version To operate effectively, solar panels require unshaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbour will erect a structure or grow a tree on a nearby property that shades their panels.[1] In the dissertation
- [The Death Penalty in Belarus](https://www.ghsl.org/lawjournal/the-death-penalty-in-belarus/) - Download Full PDF Version ‘Belarus is currently the only country in Europe where the death penalty is regularly and widely enforced.’[1] Many oppressive traditions of the Soviet Union have been perpetuated in modern Belarus. Following the fall of the Soviet Union, regardless of its independence, Belarus continued to implement – with minor revisions – the
- [Stqarrija rigward il-ftuħ ta’ inkjesta pubblika](https://www.ghsl.org/latestnews/stqarrija-rigward-il-ftuh-ta-inkjesta-pubblika/) - Il-Prim Ministru m’għandux obbligu legali biex jiftaħ inkjesta pubblika. Iżda madanakollu, l-Istat għandu obbligu legali li jipproteġi u jippreserva l-ħajja u d-dinjità umana. In-numru eċċessiv ta’ mwiet fuq siti ta’ kostruzzjoni jagħti lill-Għaqda Studenti tal-Liġi x’tifhem illi l-Istat qiegħed jonqos minn dan l-obbligu li jipproteġi. L-Istat huwa obbligat illi jieħu kull pass meħtieġ biex jassigura
- [Statement following the comments of the Prime Minister on the 13th of July 2023 during an interview with MaltaToday](https://www.ghsl.org/latestnews/statement-following-the-comments-of-the-prime-minister-on-the-13th-of-july-2023-during-an-interview-with-maltatoday/) - Yesterday, on the 13th of July 2023, MaltaToday published an interview held with the Prime Minister, where it was indicated that GħSL had filed a complaint with the Commissioner for Standards in Public Life. This complaint was filed on the 22nd of February 2023, and is currently under investigation by the Commissioner. While we did
- [Abuse of power as a ground of review in judicial review](https://www.ghsl.org/lawjournal/abuse-of-power-as-a-ground-for-review-in-judicial-review/) - Download Full PDF Version Introduction Judicial review in the UK is common law based. Whilst there is a statutory framework that outlines the procedures involved and the relevant remedies, these are of little help without the plethora of cases that clarify the rules regarding access to review, that is, the procedural requirements necessary to satisfy
- [Statement on the Independence of the Judiciary - 13th April 2023](https://www.ghsl.org/latestnews/statement-on-the-independence-of-the-judiciary-13th-april-2023/) - GħSL refers to a statement written on the 10th of March 2023 wherein it was stated that: "GħSL unequivocally condemns any attempt to compromise or manipulate the judiciary’s independence. It is deeply concerning that the Prime Minister’s comments appear to undermine the autonomy of the judiciary by seeking to shift public sentiment against the Courts
- [Practical Failures in Maltese Building Regulation Resulting from Parallel Public and Civil Law Regimes in the Realm of Rock Excavation](https://www.ghsl.org/lawjournal/practical-failures-in-maltese-building-regulation-resulting-from-parallel-public-and-civil-law-regimes-in-the-realm-of-rock-excavation/) - Download Full PDF Version Introduction Building development in Malta, and the consequent limitation of land area, necessitated erections of high-rise structures and underground construction, leading to large-scale excavations - an operation widely susceptible to various potential risks and liabilities. Excavation-related incidents - commonly characterised by structural failure and cave-ins - continue to plague the local
- [GħSL Joins Chamber of Advocates in Condemning Intimidation of Advocates and Upholding the Integrity of the Legal Profession](https://www.ghsl.org/latestnews/ghsl-joins-chamber-of-advocates-in-condemning-intimidation-of-advocates-and-upholding-the-integrity-of-the-legal-profession/) - GħSL condemns any attempt to intimidate or hinder the ability of any advocate from conducting their work in representing their client. We agree wholeheartedly with the statement issued by the Chamber of Advocates earlier today on this matter. Advocates are crucial in maintaining the rule of law, making sure that everyone has access to legal
- [Judicial Review Act | An GħSL Policy Paper](https://www.ghsl.org/latestnews/judicial-review-act-an-ghsl-policy-paper/) - GħSL is proud to Launch a Judicial Review Bill and an accompanying policy paper with the title of 'Judicial Review Act- A Proposed Bill to Reform a Fragmented and Improper Law.' During the past term, GħSL has worked with esteemed academics of Public Law, to come up with a functional bill amending the law on
- [Annual General Meeting 2023](https://www.ghsl.org/latestnews/annual-general-meeting-2023/) - The GħSL Annual General Meeting shall be held on the 27th of April 2023 at 18:00pm, wherein all Executive Board members shall recount their experience as forming part of the team, as well as providing an outline of the events organised by them along the past academic year. The Agenda for the Annual General Meeting
- [Statement on Independence of the Judiciary - 10/03/2023](https://www.ghsl.org/latestnews/statement-on-independence-of-the-judiciary-2/) - Press Release: 10th March 2023.GħSL unequivocally condemns any attempt to compromise or manipulate the judiciary’s independence. It is deeply concerning that the Prime Minister’s comments appear to undermine the autonomy of the judiciary by seeking to shift public sentiment against the Courts and particular members of the judiciary, knowing that members of the judiciary have
- [Statement on Independence of the Judiciary - 30/01/2023](https://www.ghsl.org/latestnews/statement-on-independence-of-the-judiciary/) - Għaqda Studenti tal-Liġi, in reference to what was reported in the news regarding the Prime Minister's statement yesterday 29th January, is disappointed. It should not be the case that members of the judiciary are in personal contact with the executive on any matter affecting or relating to the performance of their duties. This goes against
- [Four New Magistrates Appointed](https://www.ghsl.org/latestnews/four-new-magistrates-appointed/) - Għaqda Studenti tal-Liġi is happy to hear of the appointment of four new magistrates, namely Dr Kevan Azzopardi, Dr Gianella Camilleri Busuttil, Dr Abigail Critien, and Dr Joseph Gatt. Following a public call late last year, 26 people applied, with 12 persons being recommended by the Judicial Appointments Committee. Following this appointment, the judiciary will
- [Bill No. 34 amending the Standards in Public Life Act, Cap. 570.](https://www.ghsl.org/latestnews/bill-no-34-amending-the-standards-in-public-life-act-cap-570/) - The proposed amendment to the mechanism of appointment of Commissioner for Standards in Public Life reduces public trust within this office by politicising the appointment mechanism of the Commissioner. This proposed amendment states that when a resolution for the appointment is not supported by a two-thirds majority of the House on two votes, the third
- [Rethinking the Procedural Right of Habeas Corpus in International Law](https://www.ghsl.org/lawjournal/rethinking-the-procedural-right-of-habeas-corpus-in-international-law/) - Download Full PDF Version Introduction 1.1 Overview Contrary to popular belief, arbitrary arrest is still occurring in this day and age. This is seen through the detainees at Guantanamo Bay and the number of cases instituted in the European Court of Human Rights (ECtHR) on a daily basis. Habeas corpus is a fundamental right that
- [Results of Election of Public Relations Officer](https://www.ghsl.org/latestnews/results-of-election-of-public-relations-officer/) - The results from yesterday's election are in, and are as follows: Matthew Tabone - 80 votes Elena Sissons - 33 votes Gabriel Abela - 26 votes Mikael Grima - 17 votes Invalid - 5 votes Total votes cast - 161 votes A huge well done to all candidates who put their name forward. Congratulations to
- [The Last Resort Moot Court](https://www.ghsl.org/latestnews/the-last-resort-moot-court/) - This weekend GħSL hosted their very own ECHR moot court suitably named, ‘The Last Resort’ inside Malta’s prestigious Constitutional Court in the Valletta Law Courts. This was done in collaboration with the Law Student Society of Ireland from Blackhall University. The adjudicating panel consisted of Chief Justice Emeritus Vincent DeGaetano, Judge Giovanni Bonello and Madame Justice Lorraine
- [GħSL Judicial Review Conference](https://www.ghsl.org/latestnews/ghsl-judicial-review-conference/) - GħSL, along with esteemed academics in public Law, have been working on a bill amending article 469A and 469B of the Code of Organisation and Civil Procedure. To further this initiative, GħSL is organising a Conference for Students, Lawyers and Academics on the 11th of January, at the Chamber of Advocates at noon. The aim
- [An Outlook on the Theories of Monism and Dualism within the Context of International Law](https://www.ghsl.org/lawjournal/an-outlook-on-the-theories-of-monism-and-dualism-within-the-context-of-international-law/) - Download Full PDF Version Introduction: The Relationship between International Law and Domestic Law International law consists of ‘rules that govern the relations between the members of international society’,[1] whilst national law applies at State level and regulates the conduct of State citizens between each other and with the State. Despite this difference, the interaction between
- [GħSL Proudly Presents 'The Last Resort' Moot Court](https://www.ghsl.org/latestnews/ghsl-proudly-presents-the-last-resort-moot-court/) - This is your Last Resort! The GħSL academic committee constantly thinks of new, innovative ideas in order to push the boundaries of legal study outside the classroom. We are firm believers that the best form of learning is by doing, and moot courts are a great practical exercise in order to give students an edge
- [National Forum to host a discussion on bill regarding the Freedom of the Media](https://www.ghsl.org/latestnews/national-forum-to-host-a-discussion-regarding-freedom-of-the-media/) - On the 31st of October 2022, the Faculty of Media and Knowledge Sciences is organising a National Forum to host a discussion regarding bills proposed which deal with the Freedom of Expression, the Right to Privacy, and the Freedom of the Media. The event will take place at Aula Magna, in the Old University Building
- [The Insignia Case and its Aftermath](https://www.ghsl.org/lawjournal/the-insignia-case-and-its-aftermath/) - Download Full PDF Version 1. Introduction It all began with the Insignia case.[1] In that case plaintiff company contested the constitutional validity of a law which allowed the Financial Intelligence Analysis Unit (FIAU) to impose hefty administrative penalties on legal or physical persons who do not keep their records in order in the context of
- [Għaqda Studenti tal-Liġi partner with Grant Thornton Malta](https://www.ghsl.org/latestnews/ghaqda-studenti-tal-ligi-partner-with-grant-thornton-malta/) - Għaqda Studenti tal-Liġi is proud to announce that we have partnered with Grant Thornton Malta to sponsor our organisation for the upcoming two years! 🤝 We look forward to working with them going forward, and creating a relationship beneficial to both themselves, and law students! ⚖
- [Setting up a Common Legal Framework to Regulate the Gaming Sector in the European Union](https://www.ghsl.org/lawjournal/setting-up-a-common-legal-framework-to-regulate-the-gaming-sector-in-the-european-union/) - Download Full PDF Version Online gaming is considered to be ‘the fastest growing service activity’1 and has an estimated annual growth rate of 15%.2 One of the issues faced by leaders and officials within the EU is whether it is more convenient for gaming to be regulated by a common legal framework or whether each
- [Actio Surrogatoria: Anthony Micallef vs Paul Balzan](https://www.ghsl.org/lawjournal/actio-surrogatoria-anthony-micallef-vs-paul-balzan/) - Download Full PDF Version The facts are as follows: By means of a promise of sale (konvenju) dated 10 May 1993, Paul Balzan and Richard Camilleri promised Anthony and Raymond Farrugia a portion of land in Zebbug, divided into plot 1 and 2. On 23 August 1993, Anthony and Raymond Farrugia promised to transfer plot
- [An Issue of Quasi-Contract: Micallef vs Gravina](https://www.ghsl.org/lawjournal/an-issue-of-quasi-contract-micallef-vs-gravina/) - Download Full PDF Version In this case plaintiff is asking defendant to pay back maintenance, which he had paid to her as curator of her minor child. The parties separated by means of a court judgment given on the 30 June 2004 whereby plaintiff was ordered to pay defendant adequate maintenance as fixed by the
- [An Overview of the Kadi CJEU Case Law](https://www.ghsl.org/lawjournal/an-overview-of-the-kadi-cjeu-case-law/) - Download Full PDF Version On 15 October 1999 the UN Security Council adopted Resolution 1267 aimed at condemning terrorism and demanding that the Taliban turn over Osama bin Laden. Paragraph 4(b) of this Resolution declares that states must: Freeze funds and other financial resources, including funds derived or generated from property owned or controlled directly
- [Anti-Money Laundering: Know Your Customer](https://www.ghsl.org/lawjournal/anti-money-laundering-know-your-customer/) - Download Full PDF Version Money laundering is a reality. It has become today one of the chief concerns of all governments - and so it should be! It is NOT merely financial institutions and large organisations which may fall victim to such offence, but any individual who provides services to another in return for remuneration.
- [Asylum Seekers and the European Courts: Upholding Human Rights vs State Politics](https://www.ghsl.org/lawjournal/asylum-seekers-and-the-european-courts-upholding-human-rights-vs-state-politics/) - Download Full PDF Version Amid stories of under-investigated crimes committed against asylum seekers, and amid reports of refugee segregation within certain Swiss towns imposing restrictions to the immigrants’ free movement,1 the European Courts have been adamant in their quest to ensure that asylum seekers’ fundamental human rights remain inalienable regardless of their political status, in
- [Basic Principles on Trust in Maltese Law](https://www.ghsl.org/lawjournal/basic-principles-on-trust-in-maltese-law/) - Download Full PDF Version This article is intended to set out the key principles regulating and establishment of a trust governed by Maltese Law (Malta Trust). This piece was neither conceived nor has it been written with the view to be a treatise on the Maltese law on trusts. It is motivated by the frequent
- [Capital Punishment: Is it a Deterrent?](https://www.ghsl.org/lawjournal/capital-punishment-is-it-a-deterrent/) - Download Full PDF Version A HISTORICAL OVERVIEW OF CAPITAL PUNISHMENT IN MALTA The final execution at the Corradino Prison took place on 5 July 1943, wherein Karmnu Zammit and his brother Guzeppi were hanged as they were found guilty of murdering Spiru Grech of Zabbar. In 1934 a new law was promulgated,1 by which a
- [Child Piracy in East Africa](https://www.ghsl.org/lawjournal/child-piracy-in-east-africa/) - Download Full PDF Version Modern day piracy is a crime that may be prosecuted under universal jurisdiction. The United Nations Convention on the Law of the Sea defines piracy as consisting of:(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of
- [Crisis in Syria: What will happen next?](https://www.ghsl.org/lawjournal/crisis-in-syria/) - Download Full PDF Version THE ATTACKS WHICH SHOCKED THE WORLD The ongoing Syrian civil war began in March 2011 and whilst there were continuous armed conflicts between the forces loyal to the Ba'ath government and those seeking to overthrow it, an international input was not required to intervene up until the recent events of August
- [Legal Update: July-October 2013](https://www.ghsl.org/lawjournal/legal-update-july-october-2013/) - Download Full PDF Version MALTA SIGNS DOUBLE TAXATION TREATY WITH UKRAINE Malta and Ukraine signed a double tax treaty with respect to taxes on income and on capital on the 4 September 2013. This tax treaty continues to strengthen the growing network of an already vast array of double tax treaties concluded by Malta both
- [Dr Cedric Mifsud vs L-Avukat Ġenerali](https://www.ghsl.org/lawjournal/dr-cedric-mifsud-vs-l-avukat-generali/) - Download Full PDF Version FACTS Plaintiffs (Bezzina) were the owners of a house in Gharghur. The property was given to defendants (Azzopardi) under title of temporary emphyteusis which expired in August 1991. It was subsequently converted into a lease as per article 12(2) of Chapter 158.2 Consequently, plaintiffs maintained that: 1) they were denied the
- [Fighting Child Abuse in the Cyberspace: A Lost Battle?](https://www.ghsl.org/lawjournal/fighting-child-abuse-in-the-cyberspace-a-lost-battle/) - Download Full PDF Version The Context The rise of the cyberspace and use of social networking have resulted in further facilitation of both human communication and access to information. However, the cyberspace has also become a newfound haven for perpetrators, including offenders engaging in child abuse. Various forums and social networking sites are increasingly becoming
- [Gaming Law in Malta: A Brief Overview](https://www.ghsl.org/lawjournal/gaming-law-in-malta-a-brief-overview/) - Download Full PDF Version Malta is currently and positively being perceived as the veteran within the EU for having been the first to regulate remote gaming way back in 2004.1 In a preliminary ruling, the European Court of Justice had memorably referred to the Maltese gaming law framework as being sophisticated.2 The Lotteries and Gaming
- [Gender Identity Issues in Maltese Law](https://www.ghsl.org/lawjournal/gender-identity-issues-in-maltese-law/) - Download Full PDF Version INTRODUCTION Of all the current legal and political controversies that have topped the headlines in recent times, lesbian, gay, bisexual, and transsexual (collectively referred to as ‘LGBT’) rights have been particularly prominent. The late 2000s and early 2010s have seen a number of institutions proliferating various forms of legislation intended at
- [Head of State Immunity in International Criminal Law: A Case Study on Charles Taylor](https://www.ghsl.org/lawjournal/head-of-state-immunity-in-international-criminal-law-a-case-study-on-charles-taylor/) - Download Full PDF Version HEAD OF STATE IMMUNITY Louis XIV’s infamous statement, ‘L’etat c’est moi’, accurately portrays how the idea of Head of State immunity was viewed in the past when it came to International Criminal Law. The Head of State was considered to be the State itself and therefore, as the State was immune,
- [Human Rights Feature](https://www.ghsl.org/lawjournal/human-rights-feature/) - Download Full PDF Version Micallef v. Malta (2009)1 In this case, the applicant Mr Micallef applied on behalf of his deceased sister alleging that she had been denied a fair hearing because of her lack of opportunity to make submissions before an independent and impartial tribunal as required according to Article 6(1) of the Convention
- [Data Protection and the Law: Is the Modern Era Conterminous to a Post-Privacy Era?](https://www.ghsl.org/lawjournal/data-protection-and-the-law-is-the-modern-era-conterminous-to-a-post-privacy-era/) - Download Full PDF Version The notion of privacy is clearly linked to the idea of information flow on the part of the individual himself, who takes upon himself the role of ‘gatekeeper’, so to speak, determining which information related to their digital persona is to be rendered public. Needless to say, both the rise of
- [Murder by Omission: Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et](https://www.ghsl.org/lawjournal/murder-by-omission-concetta-decelis-u-jason-decelis-vs-il-ministru-tal-gustizzja-et/) - Download Full PDF Version Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et1 The following case deals with the proceedings held in front of the Civil Court First Hall in its Constitutional Jurisdiction following a claim by Conċetta Decelis and her son Jason Decelis that the Criminal Court had years prior violated their fundamental right
- [Brief Exposition of the Development of LGBTQIA+ Rights in Malta](https://www.ghsl.org/latestnews/brief-exposition-of-the-development-of-lgbtqia-rights-in-malta/) - In order to honour Pride month, I was commissioned to write an extract concerning the LGBTQIA+ Community. This article shall be a brief informative overview of the key changes that took place over the years with regards to laws that affect the LGBTQIA+ community as well as changes that are in the pipeline. Upon Independence
- [The Presumption of Innocence: A second look](https://www.ghsl.org/lawjournal/the-presumption-of-innocence-a-second-look/) - Download Full PDF Version In 1997, I had a first look at the jurisprudence1 of the European Court of Human Rights and I published a monograph entitled The Presumption of Innocence on the matter in the Mediterranean Journal of Human Rights.2 On examining the judgements of the Strasbourg Court relative to the interpretation of that
- [Bribery and Genocide: The Same?](https://www.ghsl.org/lawjournal/bribery-and-genocide-the-same/) - Download Full PDF Version I am pleased to note that the Government has announced new measures to fight corruption. Legislation ‘to remove the applicability of prescription to the offence of corruption’ committed by a Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local Councillor.1 In other words, the criminal offence of corruption
- [Identification in the Law of Evidence: Zammit Tabona vs Saliba](https://www.ghsl.org/lawjournal/identification-in-the-law-of-evidence-zammit-tabona-vs-saliba/) - Download Full PDF Version By means of a preliminary judgment given in October 2006, the First Hall of the Civil Court declared that defendant had indeed participated in the robbery and after referring to Article 1049 Civil Code,2 stated that defendant had to make good the damages suffered by plaintiffs. In a final judgment given
- [iGaming in Malta - Awareness: Pentasia's 'Introduction to iGaming' Course](https://www.ghsl.org/lawjournal/igaming-in-malta-awareness-pentasias-introduction-to-igaming-course/) - Download Full PDF Version The remote gaming sector in Malta is fast growing, bringing with it new and exciting career opportunities that range from positions of Chief Executive Officers of large gaming companies to customer support services. Because of the dynamism and popularity of the sector, with the objective of raising awareness, Pentasia recently organised
- [In the Driving Seat: An Insight into the Practice of the Rotating Presidency](https://www.ghsl.org/lawjournal/in-the-driving-seat-an-insight-into-the-practice-of-the-rotating-presidency/) - Download Full PDF Version Of all complex decision-making organs that make up the legislative machinery of the Union, the rotating Presidency of the Council of Ministers is possibly the least well-known to the general public. Yet, if handled with mastery, the rotating Presidency wields powers which may surpass those which are much better known, at
- [Introducing Dublin III](https://www.ghsl.org/lawjournal/introducing-dublin-iii/) - Download Full PDF Version The Dublin III Regulation1 entered into force on 19 July 2013, and is intended to serve as a recast of the Dublin II Regulation, which itself replaced the Dublin Convention in 2003. The original Dublin Regulation was a law that set out which Member State of the European Union (EU) had
- [Jurisdiction to Tax](https://www.ghsl.org/lawjournal/jurisdiction-to-tax/) - Download Full PDF Version The main legislative provision under Maltese law which provides for jurisdiction to tax is article 4 sub article (1) of the Income Tax Act ('ITA').1 Such article deems as taxable any income of a person, accruing in or derived from Malta or elsewhere, and whether received in Malta or not, in
- [Malta Algorithmic Trading](https://www.ghsl.org/lawjournal/malta-algorithmic-trading/) - Download Full PDF Version DEFINITION Algorithmic trading concerns trade in financial instruments where a computer algorithm determines individual parameters of orders with little or no human intervention.1 High-frequency algorithmic trading is a sub-category of algorithmic trading concerned with a technique characterised by infrastructure intended to reduce network latencies, a system-determination of order initiation, generation, routing
- [Malta's Debts to the European Court of Human Rights](https://www.ghsl.org/lawjournal/maltas-debts-to-the-european-court-of-human-rights/) - Download Full PDF Version The achievements of the European Court of Human Rights (herein also referred as the ‘ECtHR’) are usually stealthy and unassertive; rarely loud, attention-seeking or ostentatious. Individually, they often tend to pass unobserved; cumulatively they have revolutionized the fate of human rights in Malta and in the rest of Europe. We are
- [Law of Succession: Capacity of the Testator to Make a Will](https://www.ghsl.org/lawjournal/law-of-succession-capacity-of-the-testator-to-make-a-will/) - Download Full PDF Version This article will shed light on the capacity to make a will under the Maltese Law of Succession. The author shall be delving into the salient principles of the law, along with an understanding of its interpretation by the courts. The starting point, when discussing the notion of capacity to make
- [Palestine at the ICC: Procedural Roadblocks to an Investigation](https://www.ghsl.org/lawjournal/palestine-at-the-icc-procedural-roadblocks-to-an-investigation/) - Download Full PDF Version Following the Palestinian authorities’ unsuccessful attempt to accept the jurisdiction of the International Criminal Court1 in 20092, by means of an ad hoc Article 12(3) declaration, the State of Palestine formally acceded to the Rome Statute of the International Criminal Court, on the second of January 2015. The purpose of the
- [Legislative Updates: July and August 2015](https://www.ghsl.org/lawjournal/legislative-updates-july-and-august-2015/) - Download Full PDF Version
- [The Complainant's Right of Access to the File in Competition Proceedings](https://www.ghsl.org/lawjournal/the-complainants-right-of-access-to-the-file-in-competition-proceedings/) - Application Number 1/2011 The Honourable Joe Mizzi vs Enemalta Corporation and Water Services Corporation 27 February 2013, Competition and Consumer Appeal Tribunal Download Full PDF Version On 27 February, 2013, the Competition and Consumer Appeals Tribunal (“Tribunal”) handed down a decree during the ongoing litigation of Mizzi vs Enemalta Corporation and Water Services Corporation. This
- [GħSL’s Top Maltese Law Updates: October 2015](https://www.ghsl.org/lawjournal/ghsls-top-maltese-law-updates-october-2015/) - Download Full PDF Version s 1515, 1518.
- [GħSL’s Top Maltese Law Updates: December 2015](https://www.ghsl.org/lawjournal/ghsls-top-maltese-law-updates-december-2015/) - Download Full PDF Version
- [GħSL’s Top Maltese Law Updates: February 2016](https://www.ghsl.org/lawjournal/ghsls-top-maltese-law-updates-february-2016/) - Download Full PDF Version
- [GħSL’s Top Maltese Law Updates: January 2016](https://www.ghsl.org/lawjournal/ghsls-top-maltese-law-updates-january-2016/) - Download Full PDF Version
- [GħSL’s Top Maltese Law Updates: November 2015](https://www.ghsl.org/lawjournal/ghsls-top-maltese-law-updates-november-2015/) - Download Full PDF Version
- [Moral Damages in Maltese Tort Law](https://www.ghsl.org/lawjournal/moral-damages-in-maltese-tort-law/) - Download Full PDF Version According to the Oxford Dictionary of Law, a tort is: ‘A wrongful act or omission for which damages can be obtained in a civil court by the person wronged, other than a wrong that is only a breach of contract’.1 Article 1031 of the Civil Code of Malta establishes the liability
- [The Price Club Case (2010): an examination of wrongful and fraudulent trading in the light of liquidation and consequential winding up of limited liability companies](https://www.ghsl.org/lawjournal/the-price-club-case-2010-an-examination-of-wrongful-and-fraudulent-trading-in-the-light-of-liquidation-and-consequential-winding-up-of-limited-liability-companies/) - Download Full PDF Version When an insolvent limited liability company is placed into liquidation, the liquidator of the company may augment the company’s assets in various ways in order to enable its creditors to be paid. One such tool at his disposal is the institution of an action for fraudulent trading or for wrongful trading
- [Essays on Governing Malta (1813-1835) - Governing Malta in the Early Years of the 19th Century: A Review](https://www.ghsl.org/lawjournal/essays-on-governing-malta-1813-1835-governing-malta-in-the-early-years-of-the-19th-century-a-review/) - Download Full PDF Version A new book has recently been published which could well be of interest to those who have a developed interest in Maltese History, including Law students. The author, Patrick G Staines, who specialises in systems of government in the early years of British rule, published a book in 2007, entitled ‘Essays
- [Employment Law: The (In)Definite Dilemma](https://www.ghsl.org/lawjournal/employment-law-the-indefinite-dilemma/) - Download Full PDF Version This article will shed light on the difference between a definite and indefinite contract in terms of Maltese Employment Law.2 The author shall be delving into the salient principles of the law, along with an understanding of its interpretation by the Courts. Although the law does not oblige the employer and
- [An Overview and a Comparison of Trusts and Foundations Law in Malta](https://www.ghsl.org/lawjournal/an-overview-and-a-comparison-of-trusts-and-foundations-law-in-malta/) - Download Full PDF Version Trusts and foundations are very often thrown into the same melting pot because both can serve as asset protection vehicles; however, this is only one facet of their respective uses. While both institutes share this similarity, they both vary considerably in their essential elements. In fact, even their historical roots can
- [Employment Law: Overtime?](https://www.ghsl.org/lawjournal/employment-law-overtime/) - Download Full PDF Version This article will shed light on what should be considered as the general understanding of overtime in terms of Maltese Employment Law.2 The author shall be delving into the salient articles of the law, its applicability within the industry,3 along with an understanding of its interpretation by the Courts. The legislator
- [To Be or Not To Be: Legal Consequences arising from a State's Withdrawal from the EU in light of Brexit](https://www.ghsl.org/lawjournal/to-be-or-not-to-be-legal-consequences-arising-from-a-states-withdrawal-from-the-eu-in-light-of-brexit/) - Download Full PDF Version 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. Despite the referendum being an advisory vote, rather than mandatory, the British government is unlikely to disregard the vote. Indeed, any hopes that Britain
- [Article 15 of the ECHR: Should there be a balance between the needs of the State and the rights of the individual?](https://www.ghsl.org/lawjournal/article-15-of-the-echr-should-there-be-a-balance-between-the-needs-of-the-state-and-the-rights-of-the-individual/) - Download Full PDF Version Ever since the European Convention on Human Rights1 (the ECHR or the Convention) was drafted in 1950 and subsequently ratified in 1953, it has been described as being a ‘turning point in history towards peace and diplomacy’,2 and has established a benchmark as to what constitutes a human right and to
- [The Dieudonne Case: An Examination on the Limits of Satire and Speech under the European Convention on Human Rights](https://www.ghsl.org/lawjournal/the-dieudonne-case-an-examination-on-the-limits-of-satire-and-speech-under-the-european-convention-on-human-rights/) - Download Full PDF Version 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 national and European scale, such as it should be in any democratic and educated society. Such an issue has generated controversy before, but during
- [Employment Law: Restraint of Trade Clause](https://www.ghsl.org/lawjournal/employment-law-restraint-of-trade-clause/) - Download Full PDF Version 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 within the industry,3 along with an understanding of its interpretation by the
- [New Package Travel Insolvency Fund Regulations](https://www.ghsl.org/lawjournal/new-package-travel-insolvency-fund-regulations/) - Download Full PDF Version 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 of the Malta Travel and Tourism Services Act, Chapter 409
- [The Potential Impacts of the MFSA's Proposed Amendments to Banking Rule 09](https://www.ghsl.org/lawjournal/the-potential-impacts-of-the-mfsas-proposed-amendments-to-banking-rule-09/) - Download Full PDF Version 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 ambition of the Central Bank of Malta (the CBM), though the timing of these amendments should be
- [Employment Law: Engaged in Domestic Duties?](https://www.ghsl.org/lawjournal/employment-law-engaged-in-domestic-duties/) - Download Full PDF Version 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 its applicability within the industry.3 It is apparent within the Employment and
- [Juridical Interest in Constitutional Proceedings](https://www.ghsl.org/lawjournal/juridical-interest-in-constitutional-proceedings/) - Download Full PDF Version 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 is personal in the subject matter of the litigation.
- [Punishing a Recidivist](https://www.ghsl.org/lawjournal/punishing-a-recidivist/) - Download Full PDF Version 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 be treating the topic under examination from three
- [Environmental Crime, with particular reference to Malta](https://www.ghsl.org/lawjournal/environmental-crime-with-particular-reference-to-malta/) - Download Full PDF Version Environmental Protection is a subject very much debated about nowadays, and often finds itself on the agenda of many seminars. In fact, it is only recently that the 2017 edition of the European Union Serious and Organised Threat Assessment (SOCTA) Report pinned down environmental crime as ‘an emerging threat in the
- [Philip C. Jessup International Law Moot Court 2023](https://www.ghsl.org/latestnews/philip-c-jessup-international-law-moot-court-2023/) - The Philip C. Jessup International Law Moot Court Competition is organized by the International Law Students Association (ILSA). First held in 1960, it is one of the largest and most prestigious advocacy moot courts in which a law student can partake with participants from roughly 700 law schools in 100 jurisdictions. Only one team is
- [A Nationwide Beach Clean-up](https://www.ghsl.org/latestnews/a-nationwide-beach-clean-up/) - For World Beach Clean-up Day 2022, GħSL is collaborating with various University student organisations to organise a nationwide beach clean up that will cover numerous beaches across all of Malta and Gozo. This nationwide beach clean-up will happen on the 17th of September, starting at 17.00. The beaches that will be cleaned include: Armier, Pembroke
- [Employment Law: Constructively Dismissed?](https://www.ghsl.org/lawjournal/employment-law-constructively-dismissed/) - Download Full PDF Version This article will provide a general understanding of constructive dismissal in terms of Maltese Employment Law. The author shall delve into the development of the notion, its applicability within the industry, along with an understanding of its interpretation by the Courts. The legislator failed to provide a clear definition of what
- [Employment Law: Persons with Disability in Employment](https://www.ghsl.org/lawjournal/employment-law-persons-with-disability-in-employment/) - Download Full PDF Version This article will shed light on what should be considered as the legal obligations imposed on the employer in respect of persons with disability in terms of Maltese employment law, specifically the Employment and Industrial Relations Act.1 The author shall be delving into the salient provisions of the law,2 its applicability
- [Employment Law: General Data Protection Regulation](https://www.ghsl.org/lawjournal/employment-law-general-data-protection-regulation/) - Download Full PDF Version 1. Introduction This article will shed light on the broad applicability of the General Data Protection Regulation (the “GDPR” or “Regulation”) in employment. On the 25 May 2018, the GDPR will transform how business operations are executed in Malta, as in the rest of the EU. The GDPR`s main focus is
- [An Effective Regulatory Enforcement and Sanctions Regime Post the Federation of Estate Agents Case: The Issues](https://www.ghsl.org/lawjournal/an-effective-regulatory-enforcement-and-sanctions-regime-post-the-federation-of-estate-agents-case-the-issues/) - Download Full PDF Version 1. Introduction One of the key components of any regulatory regime responsible for competition is that the competent regulatory authority has, as part of its toolbox, adequate enforcement and sanctioning powers. There are generally two options which may be considered when providing regulatory authorities with such powers. One option is to
- [Employment Law: What's New?](https://www.ghsl.org/lawjournal/employment-law-whats-new/) - Download Full PDF Version Legal Notice 271 of 2018 can be considered of major interest considering that it deals with the Annual Vacation Leave. The National Standard Order provides the minimum necessities vis-a-vis entitlement of annual leave in terms of the Organisation of Working Time Regulation. As practice dictated, and law provided for, annual vacation
- [Malta Gaming Law: What's New?](https://www.ghsl.org/lawjournal/malta-gaming-law-whats-new/) - Download Full PDF Version The Maltese Gaming Act is a relatively new piece of legislation, having come into force on the 1st of July of this year for remote gaming operators, with land-based operators following suit on the 1st of January 2019. Under this new Act, the Malta Gaming Authority (the ‘MGA’) will be able
- [Malta: A Pioneer in the FinTech Industry](https://www.ghsl.org/lawjournal/malta-a-pioneer-in-the-fintech-industry/) - Download Full PDF Version On the 1st of November 2018, the three Acts regulating blockchain, cryptocurrency and distributed ledger technologies (DLTs) will have the force of law. The three new Acts are namely; The Malta Digital Innovation Authority (MDIA) Act;The Innovative Technology Arrangements and Services Act (the ITAS Act), and;The Virtual Financial Assets Act (the
- [Private International Law of Employment: The Connecting Factor](https://www.ghsl.org/lawjournal/private-international-law-of-employment-the-connecting-factor/) - Download Full PDF Version The concept of transnational employment within Europe changes the traditional Private International Law (PIL) norms, especially with the European Union regulations laying down rules within the internal market. The European Union PIL rules of employment are laid down in regulations dealing with issues of civil and commercial matters. Matters touching jurisdiction
- [The Launch of UBRIA | Volume I](https://www.ghsl.org/latestnews/ubria/) - - BEGINNING OF UBRIA - After previous years’ amazing SOLD OUT events, prepare for a BIG first ever edition of the GħSL End of Summer Party! Join us at The Penthouse in Gianpula Village and get ready for a breathtaking view, a great night and a few other surprises to end your summer with a
- [The Child Protection (Alternative Care) Act: A First for Maltese Legal History](https://www.ghsl.org/lawjournal/the-child-protection-alternative-care-act-a-first-for-maltese-legal-history/) - Download Full PDF Version The Child Protection (Alternative Care) Act, Chapter 569 of the Laws of Malta, is considered to be somewhat of a breakthrough in Maltese legislation pertaining to child protection. From a legislative perspective, the main purposes of this Act are to replace the Foster Care Act, the Children and Young Persons (Care
- [Act XI of 2018: The Media and Defamation Act](https://www.ghsl.org/lawjournal/act-xi-of-2018-the-media-and-defamation-act/) - Download Full PDF Version In March of 2017, Dr. Bonnici proposed a bill of newly-amended laws that regulate media and defamation, stating that ’journalists have [now] been given new liberties’. Earlier this year, on the 24th of April, the bill came into force and was published in the government gazette (reference no.19,982). This new law
- [West meets East: An Overview of Sharia-Compliant Ship Financing](https://www.ghsl.org/lawjournal/west-meets-east-an-overview-of-sharia-compliant-ship-financing/) - Download Full PDF Version 1. Contextual Introduction The shipping industry is an essential pillar of international trade and global economics. Additionally, it is also a capital-intensive industry which is sensitive to the ups and downs of the shipping cycle. As states across the globe are establishing their manufacturing expertise and production efficiency, global trade has
- [The Republic of Malta & the 1958 New York Convention: the Recognition and Enforcement of Foreign Arbitral Awards](https://www.ghsl.org/lawjournal/the-republic-of-malta-the-1958-new-york-convention-the-recognition-and-enforcement-of-foreign-arbitral-awards/) - Download Full PDF Version 1. Introduction The Republic of Malta ratified the 1958 New York Convention, (herein referred to as ‘the Convention’), on the 22nd of June 2000, stipulating the Convention’s entry into force from the 20th of September 2000. In regard to the Convention’s applicability and enforcement, Malta would only adopt the Convention in
- [The VFA & DLT Sandbox Framework: what is it?](https://www.ghsl.org/lawjournal/the-vfa-dlt-sandbox-framework-what-is-it/) - Download Full PDF Version Distributive Ledger Technology (DLT) and virtual currencies, in general, are a recent phenomenon in the digital currency and technology fields which have caused several legislative changes. They have been received with a lot hype, especially with regards to their potential to improve and further modernise such fields. One sector which may
- [The Environment and Planning Review Tribunal Act](https://www.ghsl.org/lawjournal/the-environment-and-planning-review-tribunal-act/) - Download Full PDF Version The Environment and Planning Review Tribunal Act1 (chapter 551 of the Laws of Malta, hereinafter referred to as ‘the Act’) is a product of the Maltese Twelfth Legislature (2013-2017) promulgated by Legal Notice 111 of 20162 and has only been amended once through Legal Notice 394 of 20183. The Act also
- [The 2018 Constitutional Amendments](https://www.ghsl.org/lawjournal/the-2018-constitutional-amendments/) - Download Full PDF Version 1. Introduction The Republic of Malta currently operates within the framework of the 1964 independence Constitution. Both major political parties have expressed interest in calling a constitutional convention for the eventual promulgation of a new constitution and therefore, of a ‘Second Republic’. However, until then, the current constitution remains in force.
- [The Government Lands Act 2017: What you need to know...](https://www.ghsl.org/lawjournal/the-government-lands-act-2017-what-you-need-to-know/) - Download Full PDF Version The Government Lands Act, a piece of legislation repealing the prior Land Acquisition (Public Purposes) Ordinance (which was formerly Chapter 88 of the Laws of Malta), came into force on the 25th April 2017. This Act provides for several rights and obligations enjoyed by the public over property administered, or expropriated,
- [Criminal Law Update: Act XIV of 2017](https://www.ghsl.org/lawjournal/criminal-law-update-act-xiv-of-2017/) - Download Full PDF Version 1. Introduction Act XIV of 2017 (hereinafter referred to as ‘the Act’) updated the Traffic Regulation Ordinance (hereinafter referred to as ‘the Ordinance’) as well as Article 225 of the Criminal Code (hereinafter referred to as ‘the Code’). In order to discern the new law found in Article 225, one must
- [The Right of Compensation for Damages: Medical Liability](https://www.ghsl.org/lawjournal/the-right-of-compensation-for-damages-medical-liability/) - Download Full PDF Version The notion of damages in Malta is divided into two categories: contractual damages and tortious damages. A doctor-patient relationship can be based on either a contract between the parties or on tort. Therefore, because of this dualist system, one asks which system caters for or governs the rights and liabilities of
- [HACKED - An GħSL x Fenech and Fenech Advocates Moot Court](https://www.ghsl.org/latestnews/hacked-an-ghsl-x-fenech-and-fenech-advocates-moot-court/) - Following our partnership with the prestigious law firm Fenech and Fenech, GhSL is proud to present HACKED- a Cyber Crime Moot Court, the first of its kind 🥳 This event is open to ALL law students, including first years who would like to jump head first into their studies and gain more practical experience. 💅
- [The State Advocate Bill No. 83 of 2019: Acting in Breach of Malta's International Obligations](https://www.ghsl.org/lawjournal/the-state-advocate-bill-no-83-of-2019-acting-in-breach-of-maltas-international-obligations/) - Download Full PDF Version 1. Introduction On 2 May 2019, government published Bill No. 83 of 2019, a bill proposing the constitution of the Office of State Advocate and the separation of functions of state prosecutor from those of legal advisor to government. According to the Bill, the ‘Objects and Reasons of this Bill are
- [Building Regulation Act: A brief overview of the Avoidance of Damage to Third Party Property Regulations - Subsidiary Legislation 513.02](https://www.ghsl.org/lawjournal/building-regulation-act-a-brief-overview-of-the-avoidance-of-damage-to-third-party-property-regulations-subsidiary-legislation-513-02/) - Download Full PDF Version 1. Introduction This article will shed light on how the Avoidance of Damage to Third Party Property Regulations, (the ‘Regulation’) – Legal Notice 136 of 2019 which entered in force on 25th June 2019 – will impact the development of immovable property, primarily three pillars of the building industry, ergo the
- [Bill 84 of 2019: A Testimony to a year's worth of the Gender-Based Violence and Domestic Violence Act's evolution](https://www.ghsl.org/lawjournal/bill-84-of-2019-a-testimony-to-a-years-worth-of-the-gender-based-violence-and-domestic-violence-acts-evolution/) - Download Full PDF Version Introduction - The Istanbul Convention The preamble to the Istanbul Convention tenders multiple pre-existing certainties which nonetheless denote the need for legislative intervention in regards to Gender-Based Violence & Domestic Violence (herein after referredto as “GBV&DV”), which the Istanbul Convention sought to advocate for — by means of imposing a positive
- [The British Judgments (Reciprocal Enforcement) Act - Chapter 52 of the Laws of Malta](https://www.ghsl.org/lawjournal/the-british-judgments-reciprocal-enforcement-act-chapter-52-of-the-laws-of-malta/) - Download Full PDF Version 1. Introduction Many entrances and exits are made into and out of the laws of Malta, as new laws replace old ones. However, there are also many times when old laws seem to have been relegated to the wayside of the Maltese legal process. One such example is Chapter 52 of
- [The WTO Appellate Body Crisis... and the Possible Way Forward](https://www.ghsl.org/lawjournal/the-wto-appellate-body-crisis-and-the-possible-way-forward/) - Download Full PDF Version The Appellate Body Crisis A central role of the World Trade Organisation (WTO) is to resolve trade disputes between members. When a member believes that another member has violated a WTO agreement, the issue is taken to the Dispute Settlement Body (DSB) of the WTO, wherein a decision is taken. An
- [Bill N. 82 - A Bill to regulate Cremation which lead to Act No. XVII of 2019, known as the Cremation Act](https://www.ghsl.org/lawjournal/bill-n-82-a-bill-to-regulate-cremation-which-lead-to-act-no-xvii-of-2019-known-as-the-cremation-act/) - Download Full PDF Version On the 3rd of April 2019, Parliament started to discuss Bill no. 82,1 by which cremation would be legalised in Malta. Cremation or other alternatives started to be discussed mainly because of the ever-growing problems regarding the expansion of cemeteries. Back in 2017, according to an article written for MaltaToday: “parliament’s
- [Animal Protection, as provided by the Laws of Malta](https://www.ghsl.org/lawjournal/animal-protection-as-provided-by-the-laws-of-malta/) - Download Full PDF Version Animals are beings which do not have a voice, and yet they are still an integral part of our lives. As a law student and as a person who dearly cares for animals, it is interesting to examine various legislations and regulations which protect and secure the lives of animals in
- [An Examination on the Legal Notices published in relation to the Covid-19 Pandemic](https://www.ghsl.org/lawjournal/an-examination-on-the-legal-notices-published-in-relation-to-the-covid-19-pandemic/) - Download Full PDF Version Malta saw its first case of COVID-19 on the 7th of March 2020. The first cases in Malta were imported, that is, the novel coronavirus reached Maltese shores through people who had travelled to affected countries. Since then, several cases involving local transmission of the virus have been reported and the
- [The Hungarian response to the Coronavirus: Has Orban's government moved outside the constitutional furrow?](https://www.ghsl.org/lawjournal/the-hungarian-response-to-the-coronavirus-has-orbans-government-moved-outside-the-constitutional-furrow/) - Download Full PDF Version 1. Historical Preamble One of the most important aims of a State is to protect its citizens and its common legal, constitutional and economic values. In every historical period, a sudden threat from foreign attacks, rebellions or natural disastershad required an immediate response from the relevant constitutionally established power. For this
- [Five Freedoms, Five Domains: An analysis of the implementation, or lack thereof, of the Five Freedoms and the Five Domains in the Maltese Animal Welfare Act](https://www.ghsl.org/lawjournal/five-freedoms-five-domains-an-analysis-of-the-implementation-or-lack-thereof-of-the-five-freedoms-and-the-five-domains-in-the-maltese-animal-welfare-act/) - Download Full PDF Version The Five Freedoms and the Five Domains in the Animal Welfare Act – are they covered? The Animal Welfare Act does not specifically mention the Five Freedoms or the Five Domains. In fact, there are few instances within the Animal Welfare Act where specific obligations are actually set out regarding the
- [Making a will during the COVID-19 pandemic](https://www.ghsl.org/lawjournal/making-a-will-during-the-covid-19-pandemic/) - Download Full PDF Version The current pandemic of Coronavirus Disease 2019 (COVID-19) has slowed down many aspects of civilian life, including the notarial profession. Both voluntary as well as mandatory measures of isolation, quarantine, and social distancing have hindered many peoples’ will to convene and formulate or conclude non-essential notarial acts. Moreover, many notaries have
- [Leave policies and legislation in Malta: How gender equal?](https://www.ghsl.org/lawjournal/leave-policies-and-legislation-in-malta-how-gender-equal/) - Download Full PDF Version 1. Introduction How much do leave policies in Malta assume that men and women both need time to care, as well as for paid work? To what extent do Malta’s leave benefits allow time for the equal sharing of care responsibilities between women and men that, in turn, enhance gender equality
- [Issues Surrounding the Redemption of a Perpetual Emphyteusis](https://www.ghsl.org/lawjournal/issues-surrounding-the-redemption-of-a-perpetual-emphyteusis/) - Download Full PDF Version 1. Introduction The institute of emphyteusis is one of the remnants of Roman Law in Malta, which is a long lease which takes the form of a real right in favour of the emphyteuta against the direct owner of the tenement. Such emphyteusis may be perpetual in nature and last for
- [Prosecuting ISIS for committing crimes against humanity and genocide against the Yazidis: The implication and limitations under International Law](https://www.ghsl.org/lawjournal/prosecuting-isis-for-committing-crimes-against-humanity-and-genocide-against-the-yazidis-the-implication-and-limitations-under-international-law/) - Download Full PDF Version Introduction During the past decades, the rise and expansion of terrorist organisations has posed a great challenge to contemporary international law. The Islamic State of Iraq and Syria (hereinafter referred to as ISIS), being one of many such organisations, has been particularly difficult due to its transnational operations and members hailing
- [The Inquiring Magistrate](https://www.ghsl.org/lawjournal/the-inquiring-magistrate/) - Download Full PDF Version Introduction The Inquiring Magistrate only formed part of the Maltese Judiciary since 1812, when, by virtue of a Notification issued on the 24th July, 1812, the British Crown decided to shift certain powers that were then exercised by the Giudice Criminale della Gran Corte della Castellania and the Castellano to a
- [Can Directors and Shareholders be held liable for acts committed by the Company?](https://www.ghsl.org/lawjournal/can-directors-and-shareholders-be-held-liable-for-acts-committed-by-the-company/) - Download Full PDF Version Introduction Good corporate governance is a fundamental pillar of company law. There are several mechanisms in place to ensure that those entrusted with the administration of the company and the members of such company act with the utmost due diligence and respect to the statutory obligations in place. Directors and members
- [The Constitution and the European Convention on Human Rights: conflicts, similarities and contrasts](https://www.ghsl.org/lawjournal/the-constitution-and-the-european-convention-on-human-rights-conflicts-similarities-and-contrasts/) - Download Full PDF Version The juridical relationship in Malta between the Constitution and the European Convention on Human Rights has given rise to interesting issues and problems, cases, and conflicts, but also similarities and contrasts. To what extent does the Convention provide a better protection to the individual, and what happens when there is a
- [Speeches on Administrative Law](https://www.ghsl.org/lawjournal/speeches-on-administrative-law/) - Download Full PDF Version Speech by Dr Tonio Borg Dr Tonio Borg is a resident senior lecturer in public law at the University of Malta. He is a former European Commissioner, and former Deputy Prime Minister and Cabinet Minister. He is the author of A Commentary on the Constitution of Malta (2016), Leading cases in
- [The merits or otherwise of the selection of the 'last Habitual Residence of the Deceased' as the principal connecting factor in the EU Succession Regulation - No. 650/2012](https://www.ghsl.org/lawjournal/the-merits-or-otherwise-of-the-selection-of-the-last-habitual-residence-of-the-deceased-as-the-principal-connecting-factor-in-the-eu-succession-regulation-no-650-2012/) - Download Full PDF Version 1. Introduction Around twelve point three million (12,300,000) Europeans live in another European Union country and there are around four hundred and fifty thousand (450,000) international successions each year, valued at more than one hundred and twenty billion euros (€120,000,000,000). Currently different rules on jurisdiction and applicable law in the twenty-seven
- [The perils of positivist thinking in Public law](https://www.ghsl.org/lawjournal/the-perils-of-positivist-thinking-in-public-law/) - Download Full PDF Version Introduction The positivist approach to legal interpretation is based on a particular philosophical idea of law; namely, that law is a command by a superior to an inferior in the interest of society, a strict application of the law is a must and no further interpretation is necessary except the clear
- [In Search of a Remedy: A critical analysis of remedies granted in human rights cases](https://www.ghsl.org/lawjournal/in-search-of-a-remedy-a-critical-analysis-of-remedies-granted-in-human-rights-cases/) - Download Full PDF Version Human rights actions are supposed to be heard and decided as expeditiously as possible. It is a legal norm, respected more in breach than observance. What is even worse as shall be seen, is that when an applicant succeeds in proving that his fundamental rights were breached by Government or a
- [Conserving our Natural Environment and Sustainability: A Legal Rendition](https://www.ghsl.org/lawjournal/conserving-our-natural-environment-and-sustainability-a-legal-rendition/) - Download Full PDF Version It is known that in nature there are neither rewards nor punishments, only consequences. – Robert G. Ingersoll Introduction Throughout these last couple of years, one topic has remained in the fulcrum of both local and international affairs, politics and public discourse. This topic has for long been considered as one
- [The Right to a Healthy Environment in the Constitution of Malta: Abstract of ‘The Second Republic: A Green One’](https://www.ghsl.org/lawjournal/the-right-to-a-healthy-environment-in-the-constitution-of-malta-abstract-of-the-second-republic-a-green-one/) - Download Full PDF Version In the years following independence and continuing until the present day, the first Maltese republic has aged steadily and it is generally being felt that it no longer caters for some of the new political, legal, and social challenges that the Maltese State is currently facing at the local, European, and
- [Launch of GħSL's new Website](https://www.ghsl.org/latestnews/launch-of-ghsls-new-website/) - GħSL is proud to present it's new and improved website, for the sake of students' accessibility! Features include our notes, including the ability to request printing directly from the website, the ability to access all of our own publications, as well as Id-Dritt, and our Online Law Journal, where students can send us their journal
- [Pro-Italianism, treason and conspiracy in wartime Malta: A judicial inquiry into deportation and capital punishment as imperial deterrents](https://www.ghsl.org/lawjournal/pro-italianism-treason-and-conspiracy-in-wartime-malta-a-judicial-inquiry-into-deportation-and-capital-punishment-as-imperial-deterrents/) - Download Full PDF Version Pro-Italianism, Internment and Deportation: 1939-1945 1.1 Historical overview and the juridical implications ‘Within the course of the last few days the Authorities have found it necessary to restrict the movements of certain persons in these islands as a safeguard against any conscious or unconscious action which might endanger public safety’. So
- [Is the issuance of guidelines, explanations or instructions by the Commissioner for Revenue consistent with Maltese legal theory?](https://www.ghsl.org/lawjournal/is-the-issuance-of-guidelines-explanations-or-instructions-by-the-commissioner-for-revenue-consistent-with-maltese-legal-theory/) - Download Full PDF Version By virtue of Act II of 2003, the Income Tax Act[1] conferred the power to the Commissioner of Inland Revenue to issue guidelines, explanations, or instructions (hereinafter: “documents”). In recent history, this provision was replicated in the Commissioner for Revenue Act[2], Value Added Tax Act[3]and the Duty on Documents and Transfers
- [Immunities in favour of Government and Public Authorities in the Maltese Constitution](https://www.ghsl.org/lawjournal/immunities-in-favour-of-government-and-public-authorities-in-the-maltese-constitution/) - Download Full PDF Version General Presumably, every Government of any country enjoys certain special powers which the ordinary citizen does not have. This is natural and reasonable. The problem arises as to the extent to which these powers are not reviewable by a court of law. Governments are elected to govern; it is not the
- [The Rule of Law](https://www.ghsl.org/lawjournal/the-rule-of-law/) - Download Full PDF Version This is the text, with full references and additional comments added, of a keynote speech I delivered on Friday 7 December, 2018, at the Antoine de Paule Hall of San Anton Palace, Attard, Malta. The occasion was a conference organised by the Human Rights Programme of the faculty of Laws of
- [The Right to Time?: Unequal working hours, and the failure of gender equality policies and legislation](https://www.ghsl.org/lawjournal/the-right-to-time-unequal-working-hours-and-the-failure-of-gender-equality-policies-and-legislation/) - Download Full PDF Version Introduction The paper was stimulated by the question of time. To what extent does Malta’s employment legislation support gender equality in the right to time? More pertinently, do Malta’s working-time patterns help change the traditional gender arrangement, or rather, strengthen the conservative male breadwinner model? This article seeks to contribute to
- [The Principle of Non-Refoulement: Safeguarding the Right of Protection of Migrants](https://www.ghsl.org/lawjournal/the-principle-of-non-refoulement-safeguarding-the-right-of-protection-of-migrants/) - Download Full PDF Version Introduction Illegal migration is a contemporary issue that continues to grow through the years, which is not only present in the Mediterranean Sea, but all over the world. This phenomenon is a very sensitive and complex one, as although it imposes heavy burdens on the receiving countries, it has a greater
- [Il-Liġi Spazjali: Il-passat, il-preżent u l-futur](https://www.ghsl.org/lawjournal/il-ligi-spazjali-il-passat-il-prezent-u-l-futur/) - Download Full PDF Version Daħla 1.1 L-Istorja Il-miti u l-leġġendi ta’ diversi kulturi fl-istorja tal-bniedem juruna kif l-ispazju kien minn dejjem punt ta’ interess għalina l-bnedmin. Ħafna minn dawn l-istejjer iddeskrivew vjaġġi lejn korpi ċelestjali u l effett ta’ tali korpi fuq il-benessere tal-umanita. Il-pjaneti kienu minn dejjem jintużaw bħala mezz ta’ navigazzjoni għall-baħħara, u
- [Misappropriation in the case law of the Maltese Courts](https://www.ghsl.org/lawjournal/misappropriation-in-the-case-law-of-the-maltese-courts/) - Download Full PDF Version Introduction The crime of misappropriation is regulated by Sections 293 and 294 of the Criminal Code[1]. The two sections run as follows: 293. Whosoever misapplies, converting to his own benefit or to the benefit of any other person, anything which has been entrusted or delivered to him under a title which
- [Trial by the Media: A violation of the presumption of innocence?](https://www.ghsl.org/lawjournal/trial-by-the-media-a-violation-of-the-presumption-of-innocence/) - Download Full PDF Version The subject of today’s webinar is of extreme importance in these modern times of swift and immediate communications. News broadcasts have almost become part of the daily staple. One may receive news at any moment in time in any place at the press of a button; sometimes you do not even
- [The growing legal remit of the European Union via the functioning of the European Court of Justice](https://www.ghsl.org/lawjournal/the-growing-legal-remit-of-the-european-union-via-the-functioning-of-the-european-court-of-justice/) - Download Full PDF Version The historical development of the European Union (EU), since its more than humble beginnings, has seen the scope, role and influence of its institutions and their functions evolve greatly. By way of the functioning of the Court of Justice of the European Union (or CJEU, henceforth referred to as ‘the Court’)
- [Retiring age of the Judiciary in Malta](https://www.ghsl.org/lawjournal/retiring-age-of-the-judiciary-in-malta/) - Download Full PDF Version In Malta all members of the judiciary, be it magistrates as well as judges, retire at the age of 65.[1] For some members of the judiciary, namely magistrates, the retirement age was even lower, originally set at 60, however this was raised, together with the retirement age for the Attorney General,
- [The Validity of Statements  made in Police Detention without Lawyer Assistance](https://www.ghsl.org/lawjournal/the-validity-of-statements-made-in-police-detention-without-lawyer-assistance/) - Download Full PDF Version The Forbidden Fruit Theory The ‘Forbidden Fruit Theory’ in Criminal and Constitutional Law can be explained in the following way: if the investigating authorities, particularly the Police, infringe any of the procedures or conditions required by law in obtaining evidence, that evidence is tainted and excluded as evidence before a court
- [Does the Foetus have a Right to Life?](https://www.ghsl.org/lawjournal/does-the-foetus-have-a-right-to-life/) - Download Full PDF Version Introduction There is no doubt that the topic of whether the unborn child has the right to life or not is a heated and perplexing debate. A debate which I found quite a challenge to try and condense whilst not making this essay too cramped within its word-count limit. When one
- [Juridical Interest Redefined?](https://www.ghsl.org/lawjournal/juridical-interest-redefined/) - Download Full PDF Version Introduction Two landmark judgments have been delivered by our courts which can change the legal landscape regarding the question of juridical interest or legal standing in public law actions. Our Courts have consistently held that in any action, whether related to civil or public law, the plaintiff has to prove juridical
- [Fenech and Fenech Appointed Academic Partners to GħSL](https://www.ghsl.org/latestnews/fenech-and-fenech-appointed-academic-partners-to-ghsl/) - Għaqda Studenti tal-Liġi is proud to announce it's new academic partnership with the law firm Fenech and Fenech Advocates.
- [Statement from the GħSL Electoral Commission](https://www.ghsl.org/latestnews/statement-from-the-ghsl-electoral-commission/) - Following last Saturday's election, we are pleased to announce the election of Hayley Borg and Kimberly Axisa as Marketing and Legal Aid Officers respectively.We'd like to thank all those who put their name forward in the election, and we'd like to thank everyone that took the time out to vote. The full Executive Board will
- [Exploiting IP Webinar - 26.04.22](https://www.ghsl.org/latestnews/flourish-let-your-ip-thrive-exploiting-ip/) - Join Fenech & Fenech Advocates’ Technology, Media & Telecommunications Team on the 26th April 2022, World Intellectual Property Day, for the next webinar in the ‘Flourish | Let Your IP Thrive’ series – ‘Exploiting IP’! Learn more about how to protect intellectual property from its creation, maximise its value through effective exploitation and capitalise on

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- [1st Year Passed Down Notes](https://www.ghsl.org/our-publications/passed-down-notes/1st-year-passed-down-notes/) - LL.B. (Hons) 1st Year Passed Down Notes Our collection of passed down notes for the first year of the law course. Kindly note that passed down notes are not a substitute for personal research, and should be used in tandem with other sources. Notes on First Year Commercial Law Online Version €4.10 Notes on Commercial
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- [Abortion](https://www.ghsl.org/tag/abortion/)
- [Law reform](https://www.ghsl.org/tag/law-reform/)
- [Ouster clauses](https://www.ghsl.org/tag/ouster-clauses/)
- [Criminal law](https://www.ghsl.org/tag/criminal-law/)
- [Human rights](https://www.ghsl.org/tag/human-rights/)
- [Statements to the Police](https://www.ghsl.org/tag/statements-to-the-police/)
- [Judiciary](https://www.ghsl.org/tag/judiciary/)
- [EU law](https://www.ghsl.org/tag/eu-law/)
- [Media law](https://www.ghsl.org/tag/media-law/)
- [Criminal trial](https://www.ghsl.org/tag/criminal-trial/)
- [Misappropriation](https://www.ghsl.org/tag/misappropriation/)
- [International space law](https://www.ghsl.org/tag/international-space-law/)
- [International law](https://www.ghsl.org/tag/international-law/)
- [Refugees](https://www.ghsl.org/tag/refugees/)
- [Employment law](https://www.ghsl.org/tag/employment-law/)
- [Gender equality](https://www.ghsl.org/tag/gender-equality/)
- [Rule of law](https://www.ghsl.org/tag/rule-of-law/)
- [Judicial review](https://www.ghsl.org/tag/judicial-review/)
- [Tax law](https://www.ghsl.org/tag/tax-law/)
- [Secondary legislation](https://www.ghsl.org/tag/secondary-legislation/)
- [Legal history](https://www.ghsl.org/tag/legal-history/)
- [Crimes and punishments](https://www.ghsl.org/tag/crimes-and-punishments/)
- [Environmental law](https://www.ghsl.org/tag/environmental-law/)
- [Nature rights](https://www.ghsl.org/tag/nature-rights/)
- [Comparative law](https://www.ghsl.org/tag/comparative-law/)
- [Law courts](https://www.ghsl.org/tag/law-courts/)
- [Positivism](https://www.ghsl.org/tag/positivism/)
- [Legal interpretation](https://www.ghsl.org/tag/legal-interpretation/)
- [Succession law](https://www.ghsl.org/tag/succession-law/)
- [Europeanisation](https://www.ghsl.org/tag/europeanisation/)
- [Constitution](https://www.ghsl.org/tag/constitution-2/)
- [European Convention on Human Rights](https://www.ghsl.org/tag/european-convention-on-human-rights/)
- [Company law](https://www.ghsl.org/tag/company-law/)
- [Corporate veil](https://www.ghsl.org/tag/corporate-veil/)
- [Magistrates](https://www.ghsl.org/tag/magistrates/)
- [Criminal procedure](https://www.ghsl.org/tag/criminal-procedure/)
- [Crimes against humanity](https://www.ghsl.org/tag/crimes-against-humanity/)
- [Genocide](https://www.ghsl.org/tag/genocide/)
- [emphyteusis](https://www.ghsl.org/tag/emphyteusis/)
- [Leave policies](https://www.ghsl.org/tag/leave-policies/)
- [Gender](https://www.ghsl.org/tag/gender/)
- [Notarial profession](https://www.ghsl.org/tag/notarial-profession/)
- [Covid-19](https://www.ghsl.org/tag/covid-19/)
- [Animal welfare](https://www.ghsl.org/tag/animal-welfare/)
- [Animal welfare law](https://www.ghsl.org/tag/animal-welfare-law/)
- [Maltese Animal Welfare Act](https://www.ghsl.org/tag/maltese-animal-welfare-act/)
- [Five freedoms of animal welfare](https://www.ghsl.org/tag/five-freedoms-of-animal-welfare/)
- [Five domains of animal welfare](https://www.ghsl.org/tag/five-domains-of-animal-welfare/)
- [Public health law](https://www.ghsl.org/tag/public-health-law/)
- [Public Health Act](https://www.ghsl.org/tag/public-health-act/)
- [Cremation Act](https://www.ghsl.org/tag/cremation-act/)
- [Cremation](https://www.ghsl.org/tag/cremation/)
- [World Trade Organisation](https://www.ghsl.org/tag/world-trade-organisation/)
- [Dispute settlement mechanisms](https://www.ghsl.org/tag/dispute-settlement-mechanisms/)
- [Private international law](https://www.ghsl.org/tag/private-international-law/)
- [Enforcement of foreign judgments](https://www.ghsl.org/tag/enforcement-of-foreign-judgments/)
- [Judgments](https://www.ghsl.org/tag/judgments/)
- [Equality](https://www.ghsl.org/tag/equality/)
- [Gender-based violence](https://www.ghsl.org/tag/gender-based-violence/)
- [Domestic violence](https://www.ghsl.org/tag/domestic-violence/)
- [Gender-Based Violence and Domestic Violence Act](https://www.ghsl.org/tag/gender-based-violence-and-domestic-violence-act/)
- [Property law](https://www.ghsl.org/tag/property-law/)
- [Damage to third-party property](https://www.ghsl.org/tag/damage-to-third-party-property/)
- [Construction](https://www.ghsl.org/tag/construction/)
- [State Advocate](https://www.ghsl.org/tag/state-advocate/)
- [International obligations](https://www.ghsl.org/tag/international-obligations/)
- [moot court](https://www.ghsl.org/tag/moot-court/)
- [Law of obligations](https://www.ghsl.org/tag/law-of-obligations/)
- [Liability](https://www.ghsl.org/tag/liability/)
- [Medical liability](https://www.ghsl.org/tag/medical-liability/)
- [Damages](https://www.ghsl.org/tag/damages/)
- [Traffic regulations](https://www.ghsl.org/tag/traffic-regulations/)
- [Voting law](https://www.ghsl.org/tag/voting-law/)
- [Planning law](https://www.ghsl.org/tag/planning-law/)
- [Environment and Planning Review Tribunal Act](https://www.ghsl.org/tag/environment-and-planning-review-tribunal-act/)
- [Gaming law](https://www.ghsl.org/tag/gaming-law/)
- [Malta Gaming Authority](https://www.ghsl.org/tag/malta-gaming-authority/)
- [DLT law](https://www.ghsl.org/tag/dlt-law/)
- [Distributed Ledger Technology](https://www.ghsl.org/tag/distributed-ledger-technology/)
- [New York Convention](https://www.ghsl.org/tag/new-york-convention/)
- [Arbitration](https://www.ghsl.org/tag/arbitration/)
- [Arbitral awards](https://www.ghsl.org/tag/arbitral-awards/)
- [Sharia law](https://www.ghsl.org/tag/sharia-law/)
- [Maritime law](https://www.ghsl.org/tag/maritime-law/)
- [Compliance](https://www.ghsl.org/tag/compliance/)
- [Ship financing](https://www.ghsl.org/tag/ship-financing/)
- [Libel](https://www.ghsl.org/tag/libel/)
- [Defamation](https://www.ghsl.org/tag/defamation/)
- [Media](https://www.ghsl.org/tag/media/)
- [Journalism](https://www.ghsl.org/tag/journalism/)
- [Family law](https://www.ghsl.org/tag/family-law/)
- [Child protection](https://www.ghsl.org/tag/child-protection/)
- [party](https://www.ghsl.org/tag/party/)
- [ubria](https://www.ghsl.org/tag/ubria/)
- [summer](https://www.ghsl.org/tag/summer/)
- [Domicile](https://www.ghsl.org/tag/domicile/)
- [Nationality](https://www.ghsl.org/tag/nationality/)
- [Habitual residence](https://www.ghsl.org/tag/habitual-residence/)
- [Connecting factor](https://www.ghsl.org/tag/connecting-factor/)
- [Blockchain](https://www.ghsl.org/tag/blockchain/)
- [Cryptocurrency](https://www.ghsl.org/tag/cryptocurrency/)
- [Crypto-exchange](https://www.ghsl.org/tag/crypto-exchange/)
- [Sandbox](https://www.ghsl.org/tag/sandbox/)
- [Competition law](https://www.ghsl.org/tag/competition-law/)
- [Data protection law](https://www.ghsl.org/tag/data-protection-law/)
- [Persons with disability](https://www.ghsl.org/tag/persons-with-disability/)
- [Constructive dismissal](https://www.ghsl.org/tag/constructive-dismissal/)
- [environment](https://www.ghsl.org/tag/environment/)
- [beach](https://www.ghsl.org/tag/beach/)
- [clean-up](https://www.ghsl.org/tag/clean-up/)
- [us](https://www.ghsl.org/tag/us/)
- [practice](https://www.ghsl.org/tag/practice/)
- [Environmental crime](https://www.ghsl.org/tag/environmental-crime/)
- [Recidivism](https://www.ghsl.org/tag/recidivism/)
- [Law of procedure](https://www.ghsl.org/tag/law-of-procedure/)
- [Domestic duties](https://www.ghsl.org/tag/domestic-duties/)
- [House work](https://www.ghsl.org/tag/house-work/)
- [Financial services](https://www.ghsl.org/tag/financial-services/)
- [Banking](https://www.ghsl.org/tag/banking/)
- [MFSA](https://www.ghsl.org/tag/mfsa/)
- [Package travel](https://www.ghsl.org/tag/package-travel/)
- [Insolvency fund](https://www.ghsl.org/tag/insolvency-fund/)
- [Tourism law](https://www.ghsl.org/tag/tourism-law/)
- [Commercial law](https://www.ghsl.org/tag/commercial-law/)
- [Restraint of trade](https://www.ghsl.org/tag/restraint-of-trade/)
- [Free speech](https://www.ghsl.org/tag/free-speech/)
- [Satire](https://www.ghsl.org/tag/satire/)
- [Freedom of expression](https://www.ghsl.org/tag/freedom-of-expression/)
- [Article 15](https://www.ghsl.org/tag/article-15/)
- [State of emergency](https://www.ghsl.org/tag/state-of-emergency/)
- [Public emergency](https://www.ghsl.org/tag/public-emergency/)
- [Brexit](https://www.ghsl.org/tag/brexit/)
- [European Union](https://www.ghsl.org/tag/european-union/)
- [Trust law](https://www.ghsl.org/tag/trust-law/)
- [Foundations](https://www.ghsl.org/tag/foundations/)
- [Trusts](https://www.ghsl.org/tag/trusts/)
- [Overtime](https://www.ghsl.org/tag/overtime/)
- [Employment contract](https://www.ghsl.org/tag/employment-contract/)
- [Definite contract](https://www.ghsl.org/tag/definite-contract/)
- [Indefinite contract](https://www.ghsl.org/tag/indefinite-contract/)
- [Book review](https://www.ghsl.org/tag/book-review/)
- [Directors](https://www.ghsl.org/tag/directors/)
- [Wrongful trading](https://www.ghsl.org/tag/wrongful-trading/)
- [Fraudulent trading](https://www.ghsl.org/tag/fraudulent-trading/)
- [Liquidation](https://www.ghsl.org/tag/liquidation/)
- [Winding up](https://www.ghsl.org/tag/winding-up/)
- [Tort law](https://www.ghsl.org/tag/tort-law/)
- [Moral damages](https://www.ghsl.org/tag/moral-damages/)
- [Update](https://www.ghsl.org/tag/update/)
- [Right of access](https://www.ghsl.org/tag/right-of-access/)
- [International criminal law](https://www.ghsl.org/tag/international-criminal-law/)
- [Law of armed conflict](https://www.ghsl.org/tag/law-of-armed-conflict/)
- [Statehood](https://www.ghsl.org/tag/statehood/)
- [Capacity](https://www.ghsl.org/tag/capacity/)
- [Testator](https://www.ghsl.org/tag/testator/)
- [Algorithmic trading](https://www.ghsl.org/tag/algorithmic-trading/)
- [Technology law](https://www.ghsl.org/tag/technology-law/)
- [Jurisdiction](https://www.ghsl.org/tag/jurisdiction/)
- [Asylum seekers](https://www.ghsl.org/tag/asylum-seekers/)
- [Dublin Regulation](https://www.ghsl.org/tag/dublin-regulation/)
- [Council of Ministers](https://www.ghsl.org/tag/council-of-ministers/)
- [igaming](https://www.ghsl.org/tag/igaming/)
- [Law of evidence](https://www.ghsl.org/tag/law-of-evidence/)
- [Evidence](https://www.ghsl.org/tag/evidence/)
- [Identification](https://www.ghsl.org/tag/identification/)
- [Prescription](https://www.ghsl.org/tag/prescription/)
- [Presumption of innocence](https://www.ghsl.org/tag/presumption-of-innocence/)
- [lgbtqia+](https://www.ghsl.org/tag/lgbtqia/)
- [pride](https://www.ghsl.org/tag/pride/)
- [legislation](https://www.ghsl.org/tag/legislation/)
- [malta](https://www.ghsl.org/tag/malta/)
- [Homicide](https://www.ghsl.org/tag/homicide/)
- [Involuntary homicide](https://www.ghsl.org/tag/involuntary-homicide/)
- [Culpa](https://www.ghsl.org/tag/culpa/)
- [Fair hearing](https://www.ghsl.org/tag/fair-hearing/)
- [Data protection](https://www.ghsl.org/tag/data-protection/)
- [Privacy](https://www.ghsl.org/tag/privacy/)
- [Head of State](https://www.ghsl.org/tag/head-of-state/)
- [Immunity](https://www.ghsl.org/tag/immunity/)
- [Gender identity](https://www.ghsl.org/tag/gender-identity/)
- [Cybercrime](https://www.ghsl.org/tag/cybercrime/)
- [Cyberspace](https://www.ghsl.org/tag/cyberspace/)
- [Child abuse](https://www.ghsl.org/tag/child-abuse/)
- [Right to property](https://www.ghsl.org/tag/right-to-property/)
- [Military intervention](https://www.ghsl.org/tag/military-intervention/)
- [Piracy](https://www.ghsl.org/tag/piracy/)
- [Capital punishment](https://www.ghsl.org/tag/capital-punishment/)
- [Death penalty](https://www.ghsl.org/tag/death-penalty/)
- [Anti-money laundering](https://www.ghsl.org/tag/anti-money-laundering/)
- [Terrorism](https://www.ghsl.org/tag/terrorism/)
- [Quasi-contract](https://www.ghsl.org/tag/quasi-contract/)
- [Maintenance](https://www.ghsl.org/tag/maintenance/)
- [Actio surrogatoria](https://www.ghsl.org/tag/actio-surrogatoria/)
- [Exhaustion rule](https://www.ghsl.org/tag/exhaustion-rule/)
- [Validity of laws](https://www.ghsl.org/tag/validity-of-laws/)
- [drafting](https://www.ghsl.org/tag/drafting/)
- [bills](https://www.ghsl.org/tag/bills/)
- [Monism](https://www.ghsl.org/tag/monism/)
- [Dualism](https://www.ghsl.org/tag/dualism/)
- [Habeas corpus](https://www.ghsl.org/tag/habeas-corpus/)
- [Servitudes](https://www.ghsl.org/tag/servitudes/)
- [Rock excavation](https://www.ghsl.org/tag/rock-excavation/)
- [Abuse of power](https://www.ghsl.org/tag/abuse-of-power/)
- [Solar rights](https://www.ghsl.org/tag/solar-rights/)
- [European Court of Human Rights](https://www.ghsl.org/tag/european-court-of-human-rights/)
- [Interim Measures](https://www.ghsl.org/tag/interim-measures/)
- [International Environmental Law](https://www.ghsl.org/tag/international-environmental-law/)
- [Military Law](https://www.ghsl.org/tag/military-law/)
- [Martial Law](https://www.ghsl.org/tag/martial-law/)
- [Public Emergency Law](https://www.ghsl.org/tag/public-emergency-law/)
- [Banking Law](https://www.ghsl.org/tag/banking-law/)
- [Democracy](https://www.ghsl.org/tag/democracy/)
- [Technocracy](https://www.ghsl.org/tag/technocracy/)
- [Alternative Governance](https://www.ghsl.org/tag/alternative-governance/)
- [Development Planning Law](https://www.ghsl.org/tag/development-planning-law/)
- [Human Rights Law](https://www.ghsl.org/tag/human-rights-law/)
- [Enivronmental Law](https://www.ghsl.org/tag/enivronmental-law/)
- [Sports Law](https://www.ghsl.org/tag/sports-law/)
- [Integrity in Sports](https://www.ghsl.org/tag/integrity-in-sports/)
- [Common Good](https://www.ghsl.org/tag/common-good/)
- [Roman Law](https://www.ghsl.org/tag/roman-law/)
- [Canon Law](https://www.ghsl.org/tag/canon-law/)
- [Marriage Legislation](https://www.ghsl.org/tag/marriage-legislation/)
- [Medical Law](https://www.ghsl.org/tag/medical-law/)
- [Criminal Responsibility](https://www.ghsl.org/tag/criminal-responsibility/)
- [Mental Capacity](https://www.ghsl.org/tag/mental-capacity/)
- [Marriage Law](https://www.ghsl.org/tag/marriage-law/)
- [Financial Autonomy](https://www.ghsl.org/tag/financial-autonomy/)
- [Health Care Professions Act](https://www.ghsl.org/tag/health-care-professions-act/)
- [Medical Council of Malta](https://www.ghsl.org/tag/medical-council-of-malta/)
- [Intergenerational Equity](https://www.ghsl.org/tag/intergenerational-equity/)
- [Rights and Obligations](https://www.ghsl.org/tag/rights-and-obligations/)
- [Intimate Partner Violence](https://www.ghsl.org/tag/intimate-partner-violence/)
- [Criminal Justice](https://www.ghsl.org/tag/criminal-justice/)
- [Animal Abuse](https://www.ghsl.org/tag/animal-abuse/)
- [Police Law](https://www.ghsl.org/tag/police-law/)
- [Legislative Reform](https://www.ghsl.org/tag/legislative-reform/)
- [FIAU](https://www.ghsl.org/tag/fiau/)
- [Civil Procedure](https://www.ghsl.org/tag/civil-procedure/)
- [Civil Code](https://www.ghsl.org/tag/civil-code/)
- [Code of Organization and Civil Procedure](https://www.ghsl.org/tag/code-of-organization-and-civil-procedure/)
- [Government Lands Act](https://www.ghsl.org/tag/government-lands-act/)
- [Article 91A of the Constitution](https://www.ghsl.org/tag/article-91a-of-the-constitution/)
- [Emergency Powers](https://www.ghsl.org/tag/emergency-powers/)
- [Armed Forces](https://www.ghsl.org/tag/armed-forces/)
- [Bonus Pater Familias](https://www.ghsl.org/tag/bonus-pater-familias/)
- [Obligations](https://www.ghsl.org/tag/obligations/)
- [Tourism](https://www.ghsl.org/tag/tourism/)
- [Elder Abuse](https://www.ghsl.org/tag/elder-abuse/)
- [Education Law](https://www.ghsl.org/tag/education-law/)
- [University of Malta](https://www.ghsl.org/tag/university-of-malta/)
- [Adoption](https://www.ghsl.org/tag/adoption/)
- [Roman Institutes](https://www.ghsl.org/tag/roman-institutes/)
- [Adrogatio](https://www.ghsl.org/tag/adrogatio/)
- [Supremacy](https://www.ghsl.org/tag/supremacy/)
- [Brussels I Recast](https://www.ghsl.org/tag/brussels-i-recast/)
- [CJEU](https://www.ghsl.org/tag/cjeu/)
- [National Security](https://www.ghsl.org/tag/national-security/)
- [ECtHR](https://www.ghsl.org/tag/ecthr/)
- [Legitimacy](https://www.ghsl.org/tag/legitimacy/)
- [Duty to Obey](https://www.ghsl.org/tag/duty-to-obey/)
- [Authority](https://www.ghsl.org/tag/authority/)
- [Abuse of Rights](https://www.ghsl.org/tag/abuse-of-rights/)
- [Informed Consent](https://www.ghsl.org/tag/informed-consent/)
- [Medically Assisted Procreation](https://www.ghsl.org/tag/medically-assisted-procreation/)
- [United Nations](https://www.ghsl.org/tag/united-nations/)
- [United Nations Security Council](https://www.ghsl.org/tag/united-nations-security-council/)
- [Right of Veto](https://www.ghsl.org/tag/right-of-veto/)
- [P5](https://www.ghsl.org/tag/p5/)
- [Dissolution](https://www.ghsl.org/tag/dissolution/)
- [Criminal](https://www.ghsl.org/tag/criminal/)
- [Self Defence](https://www.ghsl.org/tag/self-defence/)
- [Article 469A](https://www.ghsl.org/tag/article-469a/)
- [Acts of Internal Organization](https://www.ghsl.org/tag/acts-of-internal-organization/)
- [Labour Law](https://www.ghsl.org/tag/labour-law/)
- [Working Time Directive](https://www.ghsl.org/tag/working-time-directive/)
- [Worker's Rights](https://www.ghsl.org/tag/workers-rights/)
- [Mental Health](https://www.ghsl.org/tag/mental-health/)
- [Certification](https://www.ghsl.org/tag/certification/)
- [Sustainability](https://www.ghsl.org/tag/sustainability/)
- [Environmental Social Governance](https://www.ghsl.org/tag/environmental-social-governance/)
- [Climate Change](https://www.ghsl.org/tag/climate-change/)
- [Accountability](https://www.ghsl.org/tag/accountability/)
- [Ecocide](https://www.ghsl.org/tag/ecocide/)
- [EU Company Law](https://www.ghsl.org/tag/eu-company-law/)
- [Market Abuse](https://www.ghsl.org/tag/market-abuse/)
- [Market Abuse Regulation](https://www.ghsl.org/tag/market-abuse-regulation/)
- [MAR](https://www.ghsl.org/tag/mar/)
- [Multilateral Environmental Agreements](https://www.ghsl.org/tag/multilateral-environmental-agreements/)
- [Sustainable Development Goals](https://www.ghsl.org/tag/sustainable-development-goals/)
- [Academy for Disciplined Forces Act](https://www.ghsl.org/tag/academy-for-disciplined-forces-act/)
- [University](https://www.ghsl.org/tag/university/)
- [Law Course](https://www.ghsl.org/tag/law-course/)
- [students](https://www.ghsl.org/tag/students/)
- [Id-Dritt](https://www.ghsl.org/tag/id-dritt/)
- [36](https://www.ghsl.org/tag/36/)
- [Law journal](https://www.ghsl.org/tag/law-journal/)
- [Launch](https://www.ghsl.org/tag/launch/)