Study-Unit Description

Study-Unit Description


CODE PBL3014

 
TITLE European Court of Human Rights Case Law Relevant to Malta

 
LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit sheds light on the cases which have been decided by the European Court of Human Rights where Malta was the respondent state and on those cases decided by the said Court which involved a foreign state as respondent and where the Court has quoted the cases related to Malta in its judgments concerning these foreign states. The study-unit examines also the contribution of Maltese judges on the European Court of Human Rights, in particular, the separate and dissenting opinions of Judge Giovanni Bonello.

Study-unit Aims:

To familiarize students with the case law of the European Court of Human Rights relating to Malta, both as a contributor to the evolution of that case law through the role of Maltese judges sitting on that court as well as through cases decided by that court where Malta was the respondent state and where such case law has established important points of principle for the development of human rights law.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) list the cases in which Malta was a respondent before the European Court of Human Rights and the judgments where Maltese judges on that court have expressed separate and dissenting opinions.
(b) explain the main principles of human rights law established by the European Court of Human Rights in those cases having a Maltese component.
(c) study the European Court of Human Rights' Malta judgments in the light of other cases which followed on the same merits where the Court applied the same reasoning and developed it further.

2. Skills:

By the end of the study-unit the student will be able to:
(a) critically assess the Malta judgments of the European Court of Human Rights.
(b) compare and contrast the European Courts of Human Rights' judgments with those delivered by the Civil Court, First Hall, and the Constitutional Court.
(c) assess the impact the Malta judgments had on the jurisprudence of the European Court of Human Rights.

Main Text/s and any supplementary readings:

- D.J. Harris, M.O’Boyle, E.P. Bates and C.M. Buckley, ‘Law of the European Convention on Human Rights’, 2nd Edition, Oxford: Oxford University Press, 2009.
- Rick A. Lawson, Something Worth Dissenting From – Leafing Through the Dissenting Opinions of Judge Bonello. In Bratza, N. & O'Boyle, M. (Eds.) A Free Trade of Ideas – The Separate Opinions of Judge Vanni Bonello (pp. 9-31). Strasbourg: European Court of Human Rights, 2006.
- Sir Nicolas Bratza and Michael O'Boyle, A Free Trade of Ideas: the separate opinions of Judge Vanni Bonello, Wolf Legal Publishers, The Netherlands, 2007.
- Tonio Borg, The Dissenting Opinions of Judge Giovanni Bonello at the European Court of Human Rights, in Maroma Camilleri and Theresa Vella (eds.), Celebratio Amicitiae: Essays in Honour of Giovanni Bonello, Midsea Books Ltd., 2006.
- Mario Schiavone, When Judges Dissent: Separate Opinions of Judge Giovanni Bonello at the European Court of Human Rights, Valletta, Institute of Maltese Journalists, 2008.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Therese Comodini Cachia

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2018/9, if study-unit is available during this academic year, and may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit