Issues Surrounding the Redemption of a Perpetual Emphyteusis

  • Andrew Sciberras
  • 09/04/2022
  • 8 min read

In this article, Andrew Sciberras speculates on potential issues that could arise upon the redemption of a perpetual emphyteusis which have rarely been the subject of court judgments. Andrew Sciberras, ‘Issues Surrounding the Redemption of a Perpetual Emphyteusis’ (Online Law Journal, 9 April 2022). 1. Introduction The institute of emphyteusis is one of the remnants […]

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Juridical Interest Redefined?

  • Tonio Borg
  • 12/03/2022
  • 22 min read

In this article, Tonio Borg comments on two recent judgments that accepted a wider notion of juridical interest in public law actions, and what this may mean for the future. Cite as: Tonio Borg, ‘Juridical Interest Redefined?’ (Online Law Journal, 12 March 2022). Introduction Two landmark judgments have been delivered by our courts which can […]

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Does the Foetus have a Right to Life?

  • Giuseppe Gatt
  • 06/02/2022
  • 14 min read

This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Giuseppe Gatt explores the ethical dimension of personality in relation to the foetus and the legitimacy or otherwise of abortion. Cite as: Giuseppe Gatt, […]

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Speeches on Administrative Law

  • Tonio Borg
  • 15/01/2022
  • 35 min read

This article reproduces the text of three speeches on administrative law delivered at the book launch of Dr Tonio Borg’s book titled Maltese Administrative Law, held at the Chamber of Advocates Conference Hall on the 10 November 2021. They are being reproduced in the Online Law Journal as a matter of public record. In order […]

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In this article, Dr Tonio Borg reviews and analyses the case-law of the Maltese Courts on statements given to the police without lawyer assistance, as a potential exception to the ‘no forbidden fruit theory’ recognised by Maltese Law. Tonio Borg, ‘The Validity of Statements  made in Police Detention without Lawyer Assistance’ (Online Law Journal, 13 […]

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Retiring age of the Judiciary in Malta

  • Andrew Sciberras
  • 04/06/2021
  • 8 min read

In this article, Andrew Sciberras examines the retiring age of the judiciary, offering his thoughts as to why members of the bench should be afforded a more distant retirement age than 65 or 68. Andrew Sciberras, ‘Retiring age of the Judiciary in Malta’ (Online Law Journal, 4 June 2021). In Malta all members of the […]

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In this article, Matthew Zammit examines the activism of the Court of Justice of the European Union to highlight its role in developing the EU’s legal order, primarily through the preliminary reference procedure. Matthew Zammit, ‘The growing legal remit of the European Union via the functioning of the European Court of Justice’ (Online Law Journal, […]

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In this article, Dr Tonio Borg discusses Maltese and European Court of Human Rights case-law on pre-trial publicity, and when this can threaten the eventual accused’s presumption of innocence in criminal proceedings. It is a transcript of the author’s keynote speech in the annual Policy Conference organised by GħSL on Friday 16 April 2021, reproduced […]

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Misappropriation in the case law of the Maltese Courts

  • Elizabeth-Mary Quintano
  • 03/04/2021
  • 18 min read

In this article, Elizabeth-Mary Quintano analyses the interpretation of the Maltese Criminal Code provisions on misappropriation, and the grounds and elements required for this crime to subsist. Elizabeth-Mary Quintano, ‘Misappropriation in the case law of the Maltese Courts’ (Online Law Journal, 3 April 2021). Introduction The crime of misappropriation is regulated by Sections 293 and […]

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Il-Liġi Spazjali: Il-passat, il-preżent u l-futur

  • Eliza Borg Rizzo
  • 28/03/2021
  • 9 min read

In this article, Eliza Borg Rizzo reviews the development of international space law and analyses its shortcomings, pointing out lacunae and points for future improvement. The rest of the article can be found in Id-Dritt XXIX. Eliza Borg RIzzo, ‘Il-Liġi Spazjali: Il-passat, il-preżent u l-futur’ (Online Law Journal, 28 March 2021). Daħla 1.1 L-Istorja Il-miti […]

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