https://www.um.edu.mt/library/oar/handle/123456789/143834 2026-09-17T16:23:36Z 2026-09-17T16:23:36Z https://www.um.edu.mt/library/oar/handle/123456789/149224 2026-09-17T10:53:25Z 2026-01-01T00:00:00Z

Title: Justice in expropriation : assessing fairness of the Maltese legal system Abstract: This dissertation analyses the concept of fairness within the Maltese legal system governing expropriation, assessing the extent to which the law balances the demands of public interest with the protection of private property rights, with specific consideration given to the role of compensation as a main safeguard against State interference. This study traces the historical development of expropriation law, from the early legislative framework to the Land Acquisition (Public Purposes) Ordinance (Chapter 88), and ultimately the Government Lands Act (Chapter 573). It identifies structural shortcomings under Chapter 88, including excessive delays in compensation, restricted access to proceedings, rigid valuation methods, and the wide discretionary powers afforded to the State. These deficiencies are examined through an analysis of both domestic and European Court of Human Rights jurisprudence, specifically in view of the principles of proportionality and fair balance under Article 1 of Protocol No.1 and the “reasonable time” requisite under Article 6(1) of the European Convention on Human Rights. It critically analyses the wide definition of public purpose and public interest, demonstrating how their flexible interpretation has allowed extensive State discretion. Additionally, legislative reforms, particularly Act XVII which introduced the Government Lands Act, that addressed the shortcomings of Chapter 88 are evaluated. It highlights major improvements such as enhanced procedural protection, the abolishment of public, the introduction of a ten-year limit on possession and use, and mechanisms allowing owners to start proceedings and secure compensation. However, it acknowledges the persistence of certain elements of the regime, specifically in relation to valuation methods. Ultimately, the dissertation concludes that although the Maltese expropriation framework has evolved towards greater fairness and alignment with human rights standards, it remains an evolving system, depending on how the reformed laws are applied in practice. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149223 2026-09-17T10:51:18Z 2026-01-01T00:00:00Z

Title: The law regulating magisterial inquiries Abstract: The pre-trial collection and preservation of evidence through Magisterial Inquiries, conducted by impartial and independent Inquiring Magistrates, constitutes a pivotal safeguard of the rule of law, the separation of powers, and the proper administration of justice. To this end, the legislator has historically permitted private citizens, where certain pre-requisites are satisfied, to directly petition Magistrates for the commencement of such mechanism. Post-Act VIII of 2025, the provision governing this mechanism was drastically amended, inter alia requiring private citizens to channel such requests through the Executive Police rather than petitioning the Magistrate directly. Given the mechanism’s application over years prior to the reform, this study analyses its evolution and operation preceding the reform and assesses the practical implications and institutional ramifications of such reform thereafter. Chapter I traces the historical evolution of inquiries relating to the in genere, examining the Acts adopted in parliament that amended or added to this mechanism, whilst providing a broader historical background on the development of the Inquiring Magistrate’s role. Chapter II offers a concise general context and the ratio legis behind Act VIII. Drawing from parliamentary debates, it identifies the potential influences that may have inspired its promulgation and the circumstances surrounding its enactment. Chapter III shifts focus to the formal codification of Article 546 (4A), (4B), and (4C) within the Criminal Code, examining the ratio legis of such codification and its application until the 2025 amendments, before analysing the amended provisions themselves. Chapter IV elaborates on the practical implications of these changes and their shortcomings. Chapter V situates them within a comparative framework, examining comparable procedures in France, Italy, and Spain. Chapter VI synthesis the foregoing findings through a set of recommendations addressed to the legislator. The study concludes by signalling scope for further research and presenting the emergent findings of the analysis. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149222 2026-09-17T10:40:22Z 2026-01-01T00:00:00Z

Title: Judicial discretion in family law : analysing differing judicial approaches in care and custody decisions Abstract: Judicial discretion in the Maltese legal system is fundamental, especially in complex situations such as those brought in front of the Civil Court (Family Section) involving minors and their best interests. This study examines the extent to which judges, operating within the same legal framework, may adopt differing approaches when faced with broadly similar factual circumstances relating to Care and Custody decisions. Particular focus is placed on the interpretation and practical application of the best interests of the child principle, which remains the central guiding standard in Maltese Family Law. The study analysed thirty judgments delivered between 2023 and 2026 by the three presiding judges within the Family Court. The research identifies patterns in judicial reasoning by examining factors such as the weight assigned to parental attributes, the treatment of expert evidence, and the consideration given to the child’s voice. The findings demonstrate that, while all three judges consistently place the welfare of the minors at the forefront of their decisions, notable differences emerge in the manner discretion is exercised. Some judgments adopt a more flexible and holistic approach, whereas others reveal a more structured and evidence-driven methodology. The dissertation further considers broader issues affecting Family Law adjudication, including parental alienation, delays in proceedings, and gender dynamics. It is argued that while judicial discretion is essential in responding to the unique realities of family disputes, variability may undermine predictability and confidence in the system. Ultimately, this study concludes that discretion should not be curtailed, but rather guided through clearer procedural safeguards, more structured judgments, and institutional reforms. In doing so, the Maltese legal system can better balance flexibility with consistency, ensuring that Care and Custody decisions remain fair, transparent, and firmly rooted in the best interests of the child. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149221 2026-09-17T10:38:19Z 2026-01-01T00:00:00Z

Title: A legal analysis of the implications of reforming the decision-making process in the European Council Abstract: The main objective of this dissertation is to analyse and criticise the legal implications of any reform in the decision-making process of the European Council, the European Union’s core political institution. The author introduces this subject by first delving into the current voting procedure in place in the European Council, centred around consensus and unanimity-based voting mechanisms, as well as defining the qualified majority voting process and its effects. After, it elaborates on jurisprudence effecting legal basis and voting in the institutions, further establishing any legal pathways and constraints to reforming the system in the European Council. The author then seeks to create a comparative analysis with the Council of the European Union, who have already led similar reforms, and the United Nations Security Council, both providing valuable lessons for reform in the European Council. This is then concluded with the impact of voting reform on small Member States, highlighting Malta as the core example of vulnerability under the qualified majority voting system, and suggesting legal protective mechanisms for small Member States. This research identifies a lacuna in European Union law; the discussion of legal repercussions of Treaty reform in the voting process in the European Council, an institution whose tacit veto power has served as a guarantee since the European Union’s conception. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z