https://www.um.edu.mt/library/oar/handle/123456789/16643 2026-04-12T03:55:02Z 2026-04-12T03:55:02Z https://www.um.edu.mt/library/oar/handle/123456789/18231 2017-08-18T07:17:41Z 2016-01-01T00:00:00Z

Title: Fitness to practise legislation in the medical and dental profession : a comparative study Abstract: In this dissertation a comparative study of fitness to practise legislation in the medical and dental professions is examined. The study is limited to fitness to practise issues originating from health impairments. Under Maltese Law the operative law is Section 38 of the Health Care Professions Act, Chapter 464 of the Laws of Malta, which is the legal provision which regulates unfitness to practise procedures due ‘physical’ and ‘mental’ infirmity. An overview of the present procedures of the Malta Medical Council, the regulatory authority charged with examining fitness to practise issues for the medical and dental professions is presented. In this study the application of the law is compared to the application of similar law in other jurisdictions with particular focus on the definition of fitness to practise and the evolution of the concept in the United Kingdom. Reference is made to local and foreign legislation, local and foreign case-law, guidelines and scholarly articles. Specific health impairments are identified and analysed in the context of fitness to practise issues. The health impairments studied are infectious diseases limitedly to blood-borne diseases with particular reference to Acquired Immune Deficiency Syndrome (AIDS) and HIV-Infection, physical disability, substance abuse, mental health impairments and ageing practitioners. An analysis of whether practitioners who are afflicted by any of these conditions are safe to practise their profession is made. Reference is also made to guidelines and standard procedures applied in other jurisdiction. Recommendations for the introduction of standardised procedures in Malta are presented. This study proposes recommendations and proposals for legislative reform both on the substantive aspect of the law and the procedural aspect of the law. An argument for the introduction of specific health procedures in the Health Care Professions Act and proposals of how it can be effected with a minimum disturbance to the existing procedures under Maltese Law is made. Finally, this dissertation also advocates for the introduction of the interim orders in fitness to practise proceedings under the Health Care Professions Act, Chapter 464 of the Laws of Malta where there are issues that may affect patient safety. Description: M.A.LAW

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/17752 2018-05-09T09:55:47Z 2016-01-01T00:00:00Z

Title: A critical review of the opting-in, opting-out systems in organ donation being reviewed in Malta Abstract: Organ Donation has long been the topic of discussion and is currently being thoroughly debated, particularly within Europe. The main goal that all parties are striving to obtain, albeit with different arguments, is an increase in organ donation rates. Gradually, the most advocated solution is becoming the opting-out system. However, a number of issues are still to be resolved. Is this legal framework even ethical in the first place? Does it prey on passivity and ignorance? The various nuances associated with the different lines of thought will be illustrated hereunder. In Malta the subject of organ donation is as yet unregulated. This creates a lacuna which must be addressed, especially when one considers the importance of the subject-matter. The following study will be portraying a critical analysis of the proposal for legislation on organ and tissue donation, which was issued on the 20th of March 2015. This White Paper aims to enact a legislative framework addressing organ donation for the Maltese Islands which will reflect the evaluated response after the necessary consultations take place. The novelty of this potential law undoubtedly begs for further investigation. It is thus for this reason that this report shall be delving into the sphere of organ donation and extrapolating its essence, conclusively suggesting the most adequate system. Description: LL.B.

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/17746 2017-03-28T07:56:18Z 2016-01-01T00:00:00Z

Title: The relevance of Maltese remote gaming regulatory regime in the light of the widespread adoption of national authorisation regimes across Europe Abstract: This research project will analyse the effects of the changes in the remote gaming industry in Malta due to the introduction of national authorisation regimes in various EU Member States. Therefore, remote gaming operators who are targeting players in multiple countries are required to obatin numerous licences in order to access their respective local market. At first glance, due to its limited local market, Malta may be portrayed as being less attractive as an iGaming hub. It is important to note that Malta has constantly been a prime promoter of online gaming within the EU’s single market, beleiving that an operator licenced in Malta should be permitted to provide its services all across Europe. This study will delve into the case law that shaped the European Gaming industry as well as the licencing regimes of various jurisdictions. Particular emphasis will be made on the measures that the Malta Gaming Authority (MGA) are striving to implement so that Malta can retain pole position. The aim is to create a study which can clarify Malta’s position and relevance in the wake of European regulatory fragmentation and will try to depict and identify possible future scenarios and solutions that will revamp the Maltese online gaming industry in the unfolding years. Description: LL.B.

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/17741 2017-12-06T08:26:45Z 2016-01-01T00:00:00Z

Title: The use of cryptocurrencies in gaming : the legal and regulatory considerations Abstract: The recent development of Bitcoin, a cryptocurrency, has led to various debates with respect to legal matters concerning gambling with Bitcoins. It has become imperative for regulators to explore the potential gaming law issues, which the usage of this digital currency is leading to, given that such technological developments have grown rapidly in recent years. This study therefore seeks to address and identify the Bitcoin system‟s possible legal impact on the Online Gaming industry. In order to achieve the objectives of this study, both primary and secondary researches were performed. A couple of in-depth interviews with legal practitioners and stakeholders were carried out to collect primary data. The first Chapter provides a brief overview of what cryptocurrencies are, with a particular focus on Bitcoin. Chapter 2 aims to establish the position of cryptocurrencies in the regulatory sphere and whether they classify as legal tender. The research question also seeks to inquire the predicted possibility of cash being replaced by cryptocurrencies in Chapter 3, and its impact on the gaming industry. Chapter 4 then delves into analysing the potential legal risks associated with the use of cryptocurrencies in gaming and whether the current European laws and Maltese gaming regulations embrace this use, finding that they do not. The shortcomings of the Maltese legislation relating to cryptocurrencies in the field of gaming are inquired in the last Chapter, whereby suggestions for a regulatory scheme comprising cryptocurrencies are also offered. In this respect, it shall be noted that since the online gaming industry as well as the technology behind cryptocurrencies are constantly evolving, more important legal developments might have taken place after the submission date of this research project. Consequently, this study covers the issues attributed to cryptocurrencies and their use in the gaming industry as at April 2016. Description: LL.B.

2016-01-01T00:00:00Z