In this article, Zacharias Micallef discusses the definition of mental capacity under the Mental Health Act as the ability and competence to make independent decisions and assume responsibility of oneself. Whilst this definition does not outline the inabilities related to mental incapacity, it aids to distinguish mental incapacity from mental illness, and thus, indirectly expresses […]

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In this article, Adele Gatt Livori examines whether periods spent on-call constitute ‘working time’ or ‘rest periods’ under Directive 2003/88/EC. Through an analysis of key judgments such as SIMAP, Jaeger, Matzak, Radiotelevizija Slovenija, and Stadt Offenbach, it argues that the Court of Justice of the European Union has adopted a structured, constraint-based approach centred on […]

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In this article, Ryan Caruana analyses how the Market Abuse Regulation (MAR) reshaped the European Union (EU)’s approach to market abuse by replacing the fragmented framework under the Market Abuse Directive (MAD) with a directly applicable and harmonised regulatory regime. MAR broadened the scope of market abuse by clearly defining insider dealing, unlawful disclosure of […]

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