https://www.um.edu.mt/library/oar/handle/123456789/5485 2026-04-07T03:56:31Z 2026-04-07T03:56:31Z https://www.um.edu.mt/library/oar/handle/123456789/15768 2020-05-15T06:54:26Z 2012-01-01T00:00:00Z

Title: Master of Laws in European and Comparative Law 2012 Abstract: A list of the dissertations in Master of Law in European and Comparative Law submitted in 2012 Description: LL.M.EUR.COMP.

2012-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/6614 2015-11-24T02:07:46Z 2012-01-01T00:00:00Z

Title: The scope of application of the acquired rights directive Abstract: Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, which is better known as the Acquired Rights Directive, protects employees in cases of legal transfers or mergers of undertakings. By virtue of the Directive, the transferee assumes towards the employees of the transferor all the rights and obligations of the transferor. Employees are therefore protected, subject to certain exceptions, from changes being effected to their employment contract and from dismissals as a result of the transfer. Without the protection offered by the Directive, employees could face termination of their employment contract in some Member States, such as in the United Kingdom, or else lose continuity of their previous employment with the transferor under the transferee. This thesis will examine the forms of transfers which are caught by the Directive as well as the employees who are entitled to the protection offered by it. In Chapter 1, the definition of a 'legal transfer or merger' which fall under the scope of the Directive will be examined, as well as the criteria which must be satisfied in order for a particular transaction to be covered by the Directive. In the second chapter, the issue of outsourcing will be analysed, with particular reference to the position under the UK's Transfer of Undertakings (Protection of Employment) Regulations 2006. The third chapter will deal with whether take-overs by acquisition of share capital are covered by the Directive while the fourth chapter will examine the issue of which employees are entitled to be transferred. Description: LL.M.EUR.COMP.

2012-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/6608 2017-08-08T10:06:46Z 2012-01-01T00:00:00Z

Title: An evaluation of air passenger rights within the European Union Abstract: This thesis will examine the development, identification of shortcomings and the road to reform in air passenger rights legislation as highlighted in public consultations and relevant commission communications. Much of the thesis focuses on Regulation 261/2004 which entered into force in 2005, and provides for compensation and assistance to passengers who are denied boarding, whose flights are cancelled, or whose flights are subjected to delays. However, since its entry into force, the application, interpretation and even the validity of key provisions of the Regulation became the subject of controversy. The first chapter discusses delays, cancellations and denied boarding. The Regulation contains lacunaes which led to divergent interpretations, and the complexity of the rules led to a negative effect on passenger rights. Much focus is placed on the relationship between delay and cancellation, on the definition of extraordinary circumstances, on the issue of compensation for delays and finally on the way keywords have been interpreted. The second chapter analyzes the reform required with regards to bagging. Most of the rules relating to the delay, loss and damage to luggage are defined in the Montreal Convention, which was implemented into EU law by Regulation 889/2002. Apart from a number of limitations to the airlines liability and no definition of what constitutes luggage, the Convention is silent on issues such as assistance in case of delayed or lost luggage. The question of whether passengers should be left the choice to take out such insurance or whether it is preferable to have standardised forms of assistance provided by the airlines is also dealt in this part of the thesis. Chapter three deals with the measures that are needed to improve the enforcement of the Regulation. The lack in the uniformity enforcement of the Regulation affects the passengers' means to obtain redress. Linked with the right of redress is management of passenger's complaints, which is currently trailing behind as there are no specific rules to be observed by the National Enforcement Bodies with regard to complaint handling. The Thesis addresses these issues by analyzing the proposed Directive on alternative dispute resolution, the Regulation on online dispute resolution for consumer disputes, the enactment of contingency plans and the creation of a specific enforcement body for baggage. Chapter four examines the considerable and unreasonable economic burden on airlines, which may be passed on to passengers in the form of higher fares notably due to carriers' unlimited obligations with respect to care and assistance in cases of extraordinary circumstances, and the fact that the current system of shared liability within the aviation industry is being hindered by contract limitations. Description: LL.M.EUR.COMP.

2012-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/6537 2021-02-11T07:55:32Z 2012-01-01T00:00:00Z

Title: The relationship between the free movement of goods and the freedom to provide services : an internal market perspective Abstract: The objective of this dissertation is to analyse the relationship between the scope covered by the provisions dealing with the free movement of goods and the freedom to provide services, in an attempt at understanding the Court's variegated utilization of internal market standards across the freedoms. Accordingly, this study adopts an internal market perspective with the aim of understanding the nature of the forces, interpretative or market-driven, which militate against a meaningful degree of convergence. In this vein, the various theoretical frameworks and interpretative principles propounded throughout the years are pitched against more profound considerations stemming from differences in the Court's vision of the internal market in goods and services. In particular, questions are raised as to whether the greater degree of decentralization characterizing the Court's understanding of the scope covered by Article 34 TFEU may, indeed, be suited for general application across the freedoms. Description: LL.M.EUR.COMP.

2012-01-01T00:00:00Z