In this article, Martina Sammut examines how Multilateral Environmental Agreements (MEAs) contribute to achieving selected Sustainable Development Goals (SDGs), focusing on SDG 13 (Climate Action), SDG 14 (Life Below Water), and SDG 15 (Life on Land). While the SDGs under the 2030 Agenda are non-binding, MEAs provide legally binding frameworks that translate these global goals […]
In this article, Abigail-Marie Farrugia examines the role of the Medical Council of Malta (MCM) as a regulatory body responsible for maintaining professional standards among healthcare practitioners. It focuses on the Council’s dual investigative and disciplinary functions, which have raised concerns about impartiality and fairness. Central to the discussion is the case Spiteri Dottor Stephen […]
In this article, Dr. Sarah Demicoli examines how global legal systems are shifting from viewing environmental harm as a policy issue to a matter of strict legal responsibility. Driven by the accelerating climate crisis, this ‘new legal order’ is emerging through an increased focus on human rights, where the European Court of Human Rights is […]
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 […]
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 […]
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 […]
In this article, Prof Tonio Borg examines the significance of the exception contained in the definition of administrative act under article 469A of the Code of Organization and Civil Procedure, namely internal organizational matters. The author underlines the different and conflicting judgments interpreting this exception and calls for a legislative intervention to ensure legal certainty. […]
In this article, Shania Dimech provides a comparative analysis of two seminal Maltese criminal cases, Reġina vs Emmanuel Mercieca and Repubblika ta’ Malta vs Edwin Cioffi. The focus is on how Maltese law regulates the boundaries of self-defence in homicide. Through a thorough analysis of the factual circumstances and the judiciary’s reasoning and determinations, the […]
In this article, Saman Bugeja examines the Creditor’s Voluntary Winding UP (CVWU) process under the Maltese Companies Act, offering a detailed overview of the procedures applicable when a company is insolvent and unable to meet its financial obligations. Building on the previous discussion of the Members’ Voluntary Winding Up, the article distinguishes the CVWU as […]
In this article, Charlene Attard discusses the formation of the Security Council within the United Nations, whilst pointing out the existence of the distinction between the permanent members (P5), who are given the right to veto, and the non-permanent elected members, who do not have such right. She argues that by having the veto, the […]
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