https://www.um.edu.mt/library/oar/handle/123456789/2532 2026-06-03T17:31:24Z 2026-06-03T17:31:24Z https://www.um.edu.mt/library/oar/handle/123456789/146608 2026-05-20T13:17:32Z 2025-01-01T00:00:00Z

Title: Evolving protections in collective redundancies : analysing recent ECJ decisions and their impact on employers, employees, and trade unions in EU labour law Abstract: The Collective Redundancies Directive (98/59/EC) remains a central instrument of European labour law, balancing the employer’s freedom to restructure with the protection of employees against the consequences of large-scale dismissals. This dissertation analyses how the Court of Justice of the European Union (CJEU) has shaped the Directive through its jurisprudence and examines the resulting impact on national legal systems, with Germany and Malta serving as case studies. The study demonstrates that the CJEU has expanded the Directive’s scope and clarified key concepts such as “worker”, “dismissal”, “establishment” and “controlling undertaking”. Landmark rulings including Junk v Kühnel, Balkaya, Bichat, AEK, Resorts Mallorca and MO v SM illustrate the Court’s role in strengthening procedural safeguards and reinforcing consultation obligations. While these judgments promote uniform protection, they also create tensions for employers, particularly in jurisdictions where national traditions diverge from the Court’s interpretation. The comparative analysis reveals significant differences in implementation. German law provides strong worker protection but generates uncertainty and litigation risks through its complex procedures and strict sanctions. Maltese law, by contrast, offers efficiency and predictability, though often at the expense of meaningful worker participation. These findings highlight the Directive’s partial harmonisation and the continuing variation in worker protection across Member States. The dissertation concludes that reform is necessary to ensure clarity, proportionality, and effectiveness. Recommendations include harmonising sanctions, clarifying definitions, enhancing consultation rights, and addressing challenges posed by digitalisation, platform work, and cross-border restructurings. Future research should explore the role of European Works Councils, the impact of algorithmic management, and protections for non-standard workers. The Directive, while pioneering, requires recalibration to remain fit for today’s labour markets and to maintain a fair balance between flexibility for employers and protection for workers. Description: LL.M.(Melit.)

2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/146606 2026-05-20T13:14:45Z 2025-01-01T00:00:00Z

Title: The role of virtual asset service providers in money laundering : a comparative analysis of regulatory frameworks in Turkey and the EU Abstract: The rise of crypto-assets has transformed the global financial landscape, creating both opportunities for innovation and risks to financial integrity. As exchanges, custodians, and other intermediaries emerged to facilitate the trading, storage, and transfer of these assets, regulators confronted the challenge of extending anti-money laundering and counter-terrorist financing frameworks to an industry defined by anonymity, borderless transactions, and rapid technological change. This dissertation will examine the legal regimes that govern CASPs in their role as intermediaries within the crypto-asset ecosystem. The European Union operationalized these standards through successive directives and, more recently, through directly applicable regulations such as the Markets in Crypto-Assets Regulation and the Transfer of Funds Regulation. Türkiye, under pressure from its FATF grey-listing, incorporated CASPs into its AML legislation, strengthened sanctions compliance, and ultimately embedded them within capital markets law, backed by detailed MASAK notices and Capital Markets Board Regulations. After comprehensively evaluating the legal frameworks any gaps or shortcomings will be addressed and their potential impact and real world applications will be provided. One of which is the current exclusion of decentralized exchanges which if stays unregulated could have catastrophic adverse effects just as the previous FTX crisis. Description: LL.M.(Melit.)

2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/146604 2026-05-20T13:11:29Z 2025-01-01T00:00:00Z

Title: A new ‘green’ era for the EU : what role for competition law? Abstract: This dissertation explores the intersection of EU competition law and sustainability, asking whether the current framework can coherently integrate environmental objectives without undermining legal certainty, consistency, and effective enforcement. It focuses on the structural tension between competition law’s traditional price-centred objectives and EU’s constitutional commitment to sustainability. The dissertation is centred around competition law’s three pillars, and analyses how sustainability agreements are treated under the more flexible Article 101 TFEU and EU Merger Regulation, and the rigid Article 102 TFEU. The study moreover identifies enforcement inconsistencies, focusing on the progressive Dutch ACM, the radical Austria and the more cautious Bundeskartellamt, alongside a comparative analysis of the more progressive UK CMA. It reviews academic sources to highlight concerns about fragmented enforcement and the lack of consistent legal methodology. The findings underline the limits of the current framework in accommodating sustainability and point to the need for reinterpretation or reform to ensure coherence between competition law and EU’s wider constitutional objectives. Description: LL.M.(Melit.)

2025-01-01T00:00:00Z 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