https://www.um.edu.mt/library/oar/handle/123456789/1903 2026-04-10T19:14:40Z 2026-04-10T19:14:40Z https://www.um.edu.mt/library/oar/handle/123456789/144128 2026-02-25T08:33:58Z 2026-01-01T00:00:00Z

Title: Defending the rule of law in the European Union Abstract: This study explores the rule of law crisis in the European Union from a legal angle, with a focus on the regression of the rule of law within its Member States. Firstly, it examines the definition of the rule of law in EU law, including through the word of the Court. The focus is primarily on Article 2 TEU, which sets out a list of values on which the EU is based, including the rule of law. These values have the dual quality of being founding values of the Union and of being common among its Member States. The extent to which the rule of law can be enforced rests on this article and on whether it is merely declaratory in nature or legally binding and enforceable in a court of law. This question is addressed through a doctrinal analysis of the treaty provisions as well as jurisprudence. In parallel, contextual research is conducted to prove that the regression of the rule of law in EU Member States is not just real, but a veritable crisis posing an existential threat to the EU legal order and the Union itself. Secondly, this study presents a critical analysis of the current tools available in EU law to defend the rule of law, and their effectiveness. The treaty provides for two mechanisms in Article 7 TEU, a monitoring and a sanctioning mechanism. Yet, this nuclear option has never been used, largely because it depends on the political will of the Member States, which has been lacking. Secondary legislation now also provides for a new mechanism that conditions the payment of EU funds to the respect of the rule of law. However, this mechanism is limited in scope. In view of the inadequacy of the existing tools, the spotlight has turned on the ECJ, which has turned out to be a formidable champion of the rule of law. Thirdly, it brings together a set of recommendations for legal reform to improve the defence of the rule of law in EU law. Twenty recommendations are advanced, divided into three categories, namely: treaty changes, amendments to the procedural rules governing the ECJ, and a proposal for a new secondary legislation. The original and value-added contribution of this project culminates with draft legal amendments that incorporate these recommendations, including a draft Regulation on the establishment of a new Rule of Law Mechanism. These drafts are attached to this work as Annex I, II and III, and can serve as a basis for legal reform in this area. The conclusion of the study is that, not only is the rule of law a legal and constitutional principle of the Union, but it is also legally binding and the Union is legally mandated to defend it. However, since this goal cannot be sufficiently achieved with current tools, proposals are put forward to reform them and to establish a new Rule of Law Mechanism to strengthen the defence of the rule of law in the European Union. Description: Ph.D.(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/136006 2025-06-02T10:22:04Z 2025-01-01T00:00:00Z

Title: Self-preferencing in the digital markets : a new offence under article 102 TFEU? Abstract: This research examines the practice of self-preferencing by vertically-integrated digital platforms acting as gatekeepers, and whether such practice may constitute a standalone abuse under article 102 of the Treaty on the Functioning of the European Union (TFEU). This study is carried out against the backdrop of several prominent and public antitrust cases initiated against large digital platforms, or gatekeepers, such as Apple, Amazon, Facebook, and Google, which have been accused of exploiting their dominant position in one market to allow favourable treatment of their products, giving rise to ‘self-preferencing’ or ‘leveraging’ conduct sanctionable under EU competition law. By analysing decisions delivered by the courts and the European Commission, this dissertation examines how progressively the practice of self-preferencing has been construed as a standalone abuse within the ambit of article 102 TFEU. Chapter 1 identifies the main features of digital markets in the competition landscape and the types of leveraging behaviour developed. Chapter 2 examines how self-preferencing may fall within the scope of ‘traditional’ antitrust theories. Chapter 3 delves into the watershed Google Shopping case explaining the rationale which led to the courts classifying self-preferencing as a separate theory of harm under article 102 TFEU. Chapter 4 critically examines the legal tests developed by the courts in Google Shopping and their application to self-preferencing cases. Chapter 5 discusses the effects of the ex-ante regulations introduced by the Digital Markets Act in respect of gatekeepers. This research argues that notwithstanding the pronouncement by the courts in Google Shopping, self-preferencing as a label continues to overlap with existing legal categories. Additionally, the lack of the development of a legal test complicates its application in other anticompetitive cases. Description: LL.M.

2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/136005 2025-06-02T10:13:34Z 2024-01-01T00:00:00Z

Title: The digital services act's risk-based approach to disinformation on social media platforms Abstract: This dissertation analyses the measures and effects of the Digital Services Act as part of the risk-based approach to curbing disinformation on social media platforms. Disinformation is diverse and is disseminated with different intentions and by different, primarily technical, means. Enhanced due diligence measures require very large online platforms to analyse risks and derive measures that address systemic risks such as disinformation to public health, security and democratic processes. The measures are also analysed in terms of their strengths and weaknesses to enable an assessment of their effectiveness in achieving the objectives set out in the Digital Services Act. The Regulation's shortcomings with regard to the regulation of political advertising can be compensated for by the Regulation on the transparency and targeting of political advertising, which places stricter requirements. Overall, the Regulation provides a solid foundation with a flexible, risk-based approach to tackling harmful but not illegal content. Description: LL.M.

2024-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/136003 2025-06-02T10:03:35Z 2024-01-01T00:00:00Z

Title: Regulating general purpose AI : a legal analysis of the EU artificial intelligence act Abstract: This dissertation presents a comprehensive legal analysis of the European Union's Artificial Intelligence Act (AI Act) with a focus on the regulation of General Purpose AI (GPAI). GPAI, due to its versatility and widespread applicability across various sectors, poses unique challenges for regulation. The EU AI Act seeks to address these challenges by introducing a tiered regulatory framework that balances the need for innovation with the imperative to protect fundamental rights and ensure transparency, accountability, and safety. The analysis explores key aspects of the Act, including transparency requirements, risk management, data governance, and the handling of biases. It also examines the Act's provisions for the regulation of AI systems with a high-impact capability, particularly those exceeding significant computational thresholds, and the implications for both developers and users. Through a detailed examination of the legal, ethical, and practical considerations, this dissertation assesses the effectiveness of the AI Act in creating a regulatory environment that fosters responsible AI development while mitigating risks associated with GPAI. The study highlights the importance of striking a balance between regulation and innovation, the challenges in enforcing compliance, and the need for a dynamic regulatory approach that can adapt to the rapidly evolving landscape of AI technology. This research contributes to the ongoing discourse on AI regulation by offering insights into how the EU AI Act addresses the complexities of GPAI and proposing avenues for future legal and policy development in this area. Description: LL.M.

2024-01-01T00:00:00Z