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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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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In this article, Martina Calleja delves into detail on the legal and customary principle of non-refoulement. This principle is explored from an international, EU and Human Rights perspective together as an obligation on a State receiving immigrants. This article shows how the principle of non-refoulement is a safeguard for migrants. Martina Calleja, ‘The Principle of […]

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In this article, Frances Camilleri-Cassar studies the possibility and benefits of a right to time in order to address working hour discrepancies between the genders and achieve a more gender-equal legal and actual reality. The rest of the article can be found in Id-Dritt XXIX. Introduction The paper was stimulated by the question of time. […]

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In this article, Ethan Brincat makes the case for an enforceable human right to a healthy environment within Malta’s constitutional framework to complement the increased environmental awareness within contemporary society. The rest of the article can be found in Id-Dritt XXX. In the years following independence and continuing until the present day, the first Maltese […]

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In this article, Tonio Borg assesses the discrepancies in human rights remedies given by the Constitutional Court, comparing and contrasting different decisions with the written word and spirit of the law. Tonio Borg, ‘In Search of a Remedy: A critical analysis of remedies granted in human rights cases’ (Online Law Journal, 4 September 2020). Human […]

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