https://www.um.edu.mt/library/oar/handle/123456789/65632 2026-04-15T20:12:09Z 2026-04-15T20:12:09Z https://www.um.edu.mt/library/oar/handle/123456789/65314 2020-12-14T09:29:30Z 2002-01-01T00:00:00Z

Title: Id-Dritt : Volume 18 : 2002 Abstract: 1/ Peter Grech - Keeping One's Word - The Protection of Legitimate Expectations in Administrative Law --2/ Giovanni Bonello - Just Satisfaction Under the Convention - Is There a Southern Dimension? -- 3/ Turmen Riza - Freedom of Forming Political Parties and Its Restrictions -- 4/ Michael Frendo - Aspects of European Regulation of E-Commerce -- 5/ Brigitte Zammit - Defective Goods and Services Purchased Online: Extent of Protection Afforded to the Consumer under Maltese Law Civil Law -- 6/ Stefan Zrinzo Azzopardi - The Administrator in the Condominium Act -- 7/ David Zammit - Does the, non cumul, Exist in our Civil Law? Insurance and Taxation -- 8/ Anton Felice - Malta Retirement Funds -- 9/ Damien Fiott - Maltese VAT Legislation and the EU Transitional VAT Regime Commercial Law -- 10/ George Vella - Increased Accountability of Foundations: A Natural Consequence of Statutory Regulation -- 11/ Audrey Demicoli - Certain Features of the Trademarks Act 2000 --12/ Stefano Filletti - The Exclusionary Rule of Illegally-Obtained Evidence - An Anglo-Saxon Perspective -- 13/ Vincent A. De Gaetano - Drug-Related Crime and Criminal Justice Issues in Malta Martime Law -- 14/ Gotthard M. Gauci - The Changing Parameters of Compensation for Ship-Source Pollution Damage -- 15/ George Said - A Brief Outline of the Legal History of Harbour Pilotage in Malta -- 16/ Daniel Aquilina - The Impact of EU Accession on Ship Registration in Malta European Law -- 17/ Silvio Meli - The State of the Union: European Community Competition Law at the Crossroads -- 18/ Peter G. Xuereb and Jean Monnet - Europe 2004 - Le Grand Debat - Setting the Agenda and Outlining the Options -- 19/ Stefan Vella - Brussels and the War against Terrorism - The Response Until the Fall of Kabul -- 20/ David J. Attard - A Universal Constitution for the Oceans -- 21/ Guido De Marco - First Arvid Pardo Memorial Lecture - A Renewed Council-Guardian of Future Generations: Malta's Initiative at the United Nations -- 22/ Ian Brownlie - The Human Rights Limitation to Diplomatic Immunity: The Pinochet Appeals Under Focus -- 23/ David E. Zammit - Professional Ideals in Maltese Legal Practice -- 24/ Bartolomeo Conti - The Arab Charter of Human Rights -- 25/ Marco Ciliberti - The Enforcement of ADR Clauses --

2002-01-01T00:00:00Z Grech, Peter https://www.um.edu.mt/library/oar/handle/123456789/65313 2020-12-09T07:25:12Z 2002-01-01T00:00:00Z

Title: Keeping one's word : the protection of legitimate expectations in administrative law Authors: Grech, Peter Abstract: A review of Maltese Administrative Law cases does not reveal anything like a plethora of cases where the central issue is the failure of the public authorities to 'keep their word'. Such cases are, for some reason which I will not venture to discover in this article, rather hard to come by. This is not to say that such issues are unknown to our Courts. Over the years our Courts have in fact been called upon to decide disputes relating to the unilateral changing of street levels, the refusal to respect a contractual right to use a theatre on alleged grounds of public order, the unwelcome amendment or revocation of building permits or driving licenses, and a number of disputes as to the binding implications of particular authorizations especially in the field of import licensing.

2002-01-01T00:00:00Z Bonello, Giovanni https://www.um.edu.mt/library/oar/handle/123456789/65312 2020-12-09T07:24:32Z 2002-01-01T00:00:00Z

Title: Just satisfaction under the convention is there a southern dimension? Authors: Bonello, Giovanni Abstract: When the European Court of Human Rights finds a violation of any protected right, the Convention relies on 'just satisfaction' to re-establish the equilibrium disturbed by the national authorities through the agency of that violation. The Court, mindful of its supranational character and desirous to intrude as minimally as possible in the sphere of national sovereignty, has deliberately imposed on itself a self-discipline that is mostly manifest in how far it will go in ordering the offending state to redress the wrong inflicted From its early days the Court determined never to order violating states any acts of specific performance, but to limit itself to a declaratory judgement that the Convention has been violated, followed occasionally, but not always, by an order to the state to pay a sum of money to the victim by way of compensation. The Court does not declare laws or administrative acts which it finds in breach of the Convention to be null, nor does it enjoin a restitutio in integrum, even in cases where this would be factually possible. In the final analysis, the applicant can at best, expect a certificate of having been a victim of a human rights abuse, and a payment of a sum of money to cover real damages, moral damages and reimbursement of costs.

2002-01-01T00:00:00Z Turmen, Riza https://www.um.edu.mt/library/oar/handle/123456789/65311 2020-12-09T07:23:58Z 2002-01-01T00:00:00Z

Title: Freedom of forming political parties and its restrictions Authors: Turmen, Riza Abstract: The Court's jurisprudence on the dissolution of political parties is not a very large one. It contains only four cases with Refah Partisi (RP) case not being definitive yet. However, the importance of the Court's judgements is not proportionate with the number of cases as they address to fundamental issues such as relationship between democracy and human rights and clarifies the Court's understanding about democracy. On the other hand, the Court's judgements on political parties bear a special importance in respect of the respondent States. In view of the serious implications of dissolution of a political party, almost all the member States adopted special procedures for such an act. In fact in all four cases the Court has decided the political parties are dissolved by the Constitutional Court of the respondent State. The Court's judgements have inevitable consequences for the Constitution of the respondent State and constitute a ruling on the compatibility of its constitution with the democratic principles which the Court upholds. Let us briefly examine the Strasburg organs' decisions regarding dissolution of political parties.

2002-01-01T00:00:00Z