Legal Notice 9 of 1997 Malta Government Gazette No. 16,407 31 January 1997
Amended by: Legal Notice 179 of 1997 Malta Government Gazette No.
16,539 14 November 1997 Legal Notice 52 of 1998 Malta Government Gazette
No. 16,577 13 February 1998 Legal Notice 115 of 2000 Malta Government
Gazette No. 16,963 30 June 2000 Legal Notice 37 of 2002 Malta Government
Gazette No. 17,197 8 February 2002 Legal Notice 164 of 2005 Malta
Government Gazette No. 17,773 31 May 2005 Legal Notice 244 of 2005 Malta
Government Gazette No. 17,787 8 July 2005 Legal Notice 90 of 2006 Malta
Government Gazette No. 17,907 11 April 2006 Legal Notice 76 of 2007
Malta Government Gazette No. 18,058 30 March 2007 |
EDUCATION ACT (CAP. 327) The Doctor of Laws
LLD. Degree Course Regulations, 1997 IN exercise of the powers
conferred upon him by sections 30(5) and 31(6) of the Education Act (Cap.
327), the Chancellor of the University of Malta has promulgated the
following regulations made by the Senate of the University of Malta by
virtue of the powers conferred upon it by sections 31 and 35 of the said
Act:
Citation and Interpretation 1. (1) These regulations
may be cited as the Doctor of Laws LL.D. Degree Course Regulations,
1997.
(2) In these regulations, unless the context otherwise
requires
"the Board" means the Board of the Faculty of Laws;
"the Course" means the Course leading to the Degree of Doctor of Laws;
"the Degree" means the Degree of Doctor of Laws.
Applicability 2. These regulations shall be
applicable to courses starting in October 1993 or later.
Eligibility for the Degree 3. To be
eligible for the Degree a candidate shall:
(a) be registered as a matriculated student in terms of the
Admission Regulations of the University;
(b) complete the course of
studies, qualify in the examinations and satisfy any other requirements
prescribed in these regulations; and
(c) satisfy any other requirements
prescribed in any other relevant statutes and regulations of the University.
Special Course Requirements 4. (1) To be registered for
the Course a candidate shall, in addition to satisfying the conditions
specified in the Admission Regulations of the University, satisfy the
following Special Course Requirements:
(a) have obtained the degree
of Bachelor of Arts in Legal and Humanistic Studies with at least Category
IIB or the degree of Bachelor of Laws with at least Second Class (Honours);
(b) have obtained at least a 53% average in the 110 credits assigned to
the compulsory programme of studies of the Laws main area of study in the
Bachelor of Laws course or in the case of students who were awarded the
degree of Bachelor of Arts in Legal and Humanistic Studies have obtained at
least 54 UoM / 108 ECTS credits in the Law area of study and have at least a
Grade C average in the Final Examinations held in that area of study,
provided that the examinations and the credits for study-units in the law
area must be those indicated by the Board as necessary for a student to
proceed to the LL.D. course; and
(c) have obtained passes in English
and in Maltese at Intermediate Level or higher, provided that students
who had commenced their studies for the Matriculation Certificate
Examination in October 2001 shall not be required to be in possession of
these passes; and provided that non-Maltese citizens may offer their own
language instead of Maltese.
(2) The Board may recommend the admission
of an applicant who is not a citizen of Malta and who is not in possession
of passes in English and/or in Maltese at Intermediate Level or higher,
provided that it is satisfied that the applicant is proficient in the
English language to an equivalent level.
(3) A candidate who is a graduate of a University, or has other
qualifications considered to be sufficient, may be exempted by the
Admissions Board, on the advice of the Faculty Admissions Committee, from
the whole or part of these Special Course Requirements.
(4)
Candidates in possession of the degrees of Bachelor of Arts in Legal and
Humanistic Studies or the Bachelor of Laws who do not have the necessary
requirements to register for the Course in terms of sub-paragraphs (a) and
(b) of paragraph 1 of this regulation, as well as candidates in possession
of a degree in law other than the Bachelor of Arts in Legal and Humanistic
Studies and the Bachelor of Laws that is considered by the Board to be of an
equivalent standard, may be allowed by the Board to register for a
qualifying year of studies made up of Law subjects as determined by the
Board. Such candidates shall become eligible to be admitted to the Course
leading to the Degree if they obtain a 53% average in the programme of studies
for that year.
Course Structure 5. (1) The
programme of studies shall extend over three years, and shall be divided
into two parts: Part One and Part Two.
(2) The Board may require
candidates to register before each year of the Course for those study-units
indicated by it.
(3) The Board shall draw up a schedule of
study-units and of the credits assigned to each. The Board may amend such
schedule from time to time as it may deem advisable, provided this is done
before the beginning of the academic year.
(4) The Board may exempt a
candidate from the requirement of obtaining a credit if he has obtained from
the University, or an institution recognised by Senate for the purpose, a
qualification the study for which is, in the opinion of the Board, at least
equivalent in content and standard to that required for the credit
concerned.
Part One of Course 6. (1)
Part One shall extend over the first four semesters of the Course. To
successfully complete Part One of the Course, a candidate must obtain a
minimum of 55 credits (including the credits for all compulsory
study-units), of which 27 credits (including the credits for the compulsory
study-units) shall be taken in the first two semesters.
(2) A candidate who fails to obtain a minimum number of credits in
the first two semesters shall not be allowed to proceed to the next
semester.
(3) A candidate who obtains the minimum number of credits
prescribed in paragraph (1) of this regulation shall be allowed to sit for
the Final Examinations at the end of Part One.
(4) A candidate who
fails to obtain the necessary number of credits or fails in the Final
Examinations shall not be allowed to proceed to Part Two of the Course,
saving the provisions of regulation 12.
Part Two
7. Part Two shall consist of study-units to which not less
than 10 credits shall be assigned, the submission of a thesis and a final
oral examination on the subject thereof: provided that no candidate shall be
allowed to submit his thesis to the Board before he has been approved in the
Final Examinations at the end of Part One of the Course.
Progress
8. (1) Credits shall be assigned according to the following
grades in descending order of merit: A, B, C, D and F, where F indicates
Failed.
(2) A candidate who fails to obtain a credit for a study-unit is
allowed to be re-tested once. In the re-assessment, the student's credit
shall be graded either D or F.
Final Examinations
9. (1) Final Examinations shall be held at the end of Part
One of the Course, normally in June, and shall consist of one paper in each
of the subjects studied, provided that, whenever it deems necessary, the
Board of Examiners for any paper may also require a candidate or candidates
to submit to a
viva voce examination.
(2) To satisfy the
Final Examination requirement, a candidate must be successful in each
subject.
(3) A candidate who fails in any one or more of the
subjects shall have a supplementary session in September in the failed
subject or subjects.
(4) The mark or grade obtained in a
supplementary examination shall either be the minimum pass mark or grade or
Failed.
(5) The Board of Examiners shall issue a notice calling the
students to the viva voce examination at least three days prior to
the viva voce examination.
Thesis
10. (1) The
subject of the thesis referred to in regulation 7 shall be submitted by a
candidate for the approval of the Board at any time after the candidate has been
admitted to the Course but, unless there is a good and sufficient cause to
the satisfaction of the Board, not later than the end of the fourth semester
of the Course.
(2) The Board shall, after the approval of the subject of
the thesis, appoint:
(a) a tutor to direct and supervise the work of
the candidate; and
(b) a Board of Examiners composed of three persons to
examine the thesis.
(3) A candidate may submit his thesis for the
approval of the Faculty Board after he has completed Part One.
(4) A
candidate, who, for a reason considered justified by the Faculty Board, does
not submit the thesis before the end of the sixth semester of the Course,
may submit it for the approval of the Faculty Board within a period of two
years following the final year. The said period of two years may be extended
further by Senate for a good and sufficient cause.
(5) The thesis
shall be an original work on the approved subject or other contribution to
the knowledge thereof showing that the candidate has carried out sufficient
research therein.
(6) The thesis shall be presented in such format, be
of such length and be submitted in such number of copies as the Faculty
Board may direct. The Faculty Board may also require students to submit a
copy of the thesis in an agreed electronically readable format.
(7)
The candidate, when submitting his thesis, shall sign a declaration stating
that it is his own personal work and specifying expressly if it has been
previously submitted or is concurrently being submitted in candidature for
another degree or diploma. In such case the student shall also state what
part of it has been or is being so submitted and the Faculty Board shall
have the right to decide whether to accept or not such thesis.
(8) The Board of Examiners shall, within such time as may be
determined by the Faculty Board, submit a report to the Faculty Board on the
merits of the thesis and as to whether it satisfies the requirements of
paragraph (5) of this regulation.
(9) If the report of the Board of
Examiners is favourable, the candidate shall be required to undergo a final
oral examination before a Committee of the Faculty Board. The said Committee
shall be composed of the members of the Board of Examiners appointed to
examine the thesis and the members of the Faculty Board. The quorum at
meetings of the said Committee shall consist of two members of the Board of
Examiners and two members of the Faculty Board. The said Committee shall be
chaired by the Dean of the Faculty and in his absence by a Chairman elected
by the Committee.
(10) The Committee shall report to the Faculty Board
on the result of the oral examination mentioned in this regulation.
(11) The Faculty Board, shall, after the receipt of such report, cause
the names of candidates who qualify for the award of the Degree to be
published on the notice board of the University in alphabetical order.
Diploma of Notary Public (N.P.)
11. Candidates
who, in accordance with these regulations, during the first two semesters
obtain a minimum of 25 credits in the study-units indicated by the Board for
the purpose, shall be entitled to register for the examination for the award
of the Diploma of Notary Public and if successful shall be entitled to such
Diploma. Such examination shall be held at the end of those two semesters
and a resit shall be allowed within three months in any subject or subjects
failed.
Rejoining of Course
12. (1) A candidate
who has interrupted his course of studies or who has failed to obtain the
necessary credits in Part One of the Course or failed the Final Examinations
at the end of that Part may be allowed by the Board to rejoin the Course in
such year as the Board may deem appropriate and in so doing the Board may
require such student to sit for such further examinations, besides those
specified in paragraph (1) of regulation 9 above, as it may deem necessary.
(2) In no case shall a candidate complete his course of studies in a
period longer than four years, except with the special permission of Senate,
for a good and sufficient cause.
(3) Candidates who were following
the LL.D. course under the regulations in force prior to the present
regulations and had interrupted their course of studies or failed in a particular year at any time after the third year of that
course may be allowed by the Board to join the Course notwithstanding that
such candidates have not previously obtained the BA degree specified in
regulation 4 hereof, and this in such semester and under such conditions as
the Board may deem necessary.
Transitory provision
13. Regulation 4(3) shall apply to all candidates applying to
register for courses commencing in October 1997 or later.