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 […]

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In this article, Dr Tonio Borg examines the conflicts, similarities and contrasts between the Constitution and the European Convention on Human Rights. Tonio Borg, ‘The Constitution and the European Convention on Human Rights: conflicts, similarities and contrasts’ (Online Law Journal, 25 July 2020). The juridical relationship in Malta between the Constitution and the European Convention […]

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In this article, Andrew Sciberras speculates on potential issues that could arise upon the redemption of a perpetual emphyteusis which have rarely been the subject of court judgments. Carla Farrugia, ‘Article 15 of the ECHR: Should there be a balance between the needs of the State and the rights of the individual?’ (Online Law Journal, […]

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Malta’s Debts to the European Court of Human Rights

  • Giovanni Bonello
  • 26/02/2015
  • 12 min read

Giovanni Bonello, ‘Malta’s Debts to the European Court of Human Rights’ (Online Law Journal, 26 February 2015). 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 […]

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Bribery and Genocide: The Same?

  • Giovanni Bonello
  • 23/12/2014
  • 6 min read

Giovanni Bonello, ‘Bribery and Genocide: The Same?’ (Online Law Journal, 23 December 2014). 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 […]

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The Presumption of Innocence: A second look

  • Giuseppe Mifsud Bonnici
  • 22/12/2014
  • 19 min read

Giuseppe Mifsud Bonnici, ‘The Presumption of Innocence: A second look’ (Online Law Journal, 22 December 2014). 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 […]

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Dr Cedric Mifsud vs L-Avukat Ġenerali

  • Michelle Camilleri
  • 22/12/2014
  • 7 min read

Michelle Camilleri, ‘Dr Cedric Mifsud vs L-Avukat Ġenerali’ (Online Law Journal, 22 December 2014). 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 […]

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Human Rights Feature

  • Michelle Camilleri
  • 22/12/2014
  • 10 min read

Michelle Camilleri and Gianella Farrugia, ‘Human Rights Feature’ (Online Law Journal, 22 December 2014). 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 […]

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Gender Identity Issues in Maltese Law

  • Chris Bergedahl
  • 22/12/2014
  • 28 min read

Chris Bergedahl, ‘Gender Identity Issues in Maltese Law’ (Online Law Journal, 22 December 2014). 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 […]

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Vanessa Gatt, ‘Asylum Seekers and the European Courts: Upholding Human Rights vs State Politics’ (Online Law Journal, 22 December 2014). 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 […]

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