https://www.um.edu.mt/library/oar/handle/123456789/86531 2026-04-15T04:25:43Z 2026-04-15T04:25:43Z https://www.um.edu.mt/library/oar/handle/123456789/95274 2022-05-09T09:35:12Z 2021-01-01T00:00:00Z

Title: Programming obligations of European agencies : an effective instrument for the European Commission to exercise control? Abstract: The prevailing view in academic literature highlights the independence of European agencies as the rationale for their creation. Contrary to this perception, this work demonstrates that the Commission exercises considerable control through its opinions on an agency´s Single Programming Document. Being part of the budgetary procedure, European agencies are obliged to draw up a `Single Programming Document` comprising an annual and multiannual work programme together with corresponding planning of human and financial resources. Based upon performance-budgeting principles, the Framework Financial Regulation (FFR) hereby sets out detailed rules on the programming procedure and defines the Commission´s role in this respect. Apart from proposing the number of contributions from the EU budget, the Commission has the competence to give its opinion on an agency´s draft single programming document. To examine the Commission´s exercise of control, the European Border and Coast Guard Agency (Frontex) and the European Chemicals Agency (ECHA) were part of the case study. For both agencies, the draft single programming documents for the years 2019-2021 were analysed and compared with their final programming version. It was noticed that the Commission´s comments frequently appear as instructions rather than recommendations and that the majority of their requests were observed by the agency. To establish the Commission´s role in a broader context, its opinions are analysed in terms of their content and quality of comments. Hereby, it is noticed that the Commission´s role depends on external factors and is thus a flexible one. Acting mainly as a legal supervisor, the Commission also addresses efficiency-related aspects and ensuresthat policy directions are properly considered in the programme. Several instances are noted where the Commission pursues its own interests that are outside the scope of the programme procedure. Even though, it exercises considerable powers over an agency´s programming content, the relationship between the Commission and European agencies is not yet comparable with ministry-agency constellations found at the nation-state level. Nevertheless, it is regarded that the Commission transgresses its competences as its opinions go beyond the limited scope of the Framework Financial Regulation. Possible legislative improvements are discussed in the last chapter of this work. It concludes that the Treaties lack an appropriate basis for the adoption of secondary legislation that regulates the programming procedure comprehensively. Therefore, Treaty amendments are required in addition to secondary EU legislation that sanctions today´s programming practice. Suggestions for legislative proposals are made to this end. Description: Ph.D.(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/95177 2022-05-06T10:00:44Z 2021-01-01T00:00:00Z

Title: The cardinal rights pertaining to a suspect or accused person prior to the making of a confession : with special reference to Malta Abstract: This thesis examines whether the following four cardinal rights, namely, the right to legal assistance, right to legal aid, the right to information and the right to silence are exhaustive and whether they are applied in a manner which reflects the spirit of EU law. Prior to delving into each individual right, the author will define certain keywords used throughout the thesis with the aim of establishing uniform definitions applicable to each individual right. The central question of this thesis is whether these four chosen cardinal rights are absolute rights or whether they have limited application. Focus is placed on the Maltese legal position. Whether it is in line with other European Member States in the implementation of such rights or whether it lags far behind. In so doing, the study outlines whether the intention of the legislator in promulgating these laws by transposing EU Directives is truly reflected in the court judgments which are delivered. This thesis incorporates vast references to relevant judgments delivered by the Maltese courts and includes a comparison of the same with judgments delivered by the ECtHR and the ECJ. In the case of contrasting decisions, the author highlights the differences and examines whether the decision is the result of a wrong or restrictive interpretation on the part of the Maltese courts. The study aims to show that these four cardinal rights established in the EU Directives only provide minimum standards and that there are several jurisdictions including Malta which provide more fundamental guarantees. The study questions whether the four chosen rights have in fact facilitated investigations or whether they served to complicate matters in this regard. Paramount importance is given to the fact that these rights as outlined in the letter of rights must be made known to a suspect prior to the commencement of any investigation by a police officer or any judicial authority. If these rights are afforded to suspects at the early stages, this would guarantee a fair trial in the criminal process and reduce the possibility of violations of rights. So far, Malta has transposed all the EU Directive relating to three of these cardinal rights, although it is currently facing infringement proceedings about the right to legal aid. Once the EU Directive on legal aid is transposed into national legislation, there will be an overhaul in the application of this right. Currently, the right to legal aid is available to every person on the island. There is no merits or means testing. In fact, it may be stated that this right is often abused to the detriment of those suspects and accused persons who require legal assistance and cannot afford to pay for such assistance. The harmonisation of these rights in Member States ensures that citizens of the European Union are treated, in the same way, irrespective of which country they happen to be in when faced with a criminal investigation. In its conclusion, the study highlights certain areas which need improvement by putting forward adequate recommendations to ensure that the right to a fair hearing is properly safeguarded. Description: Ph.D.(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/89843 2022-02-25T08:08:59Z 2021-01-01T00:00:00Z

Title: The harm-benefit analysis : an overview of project evaluation in terms of the EU directive on the protection of animals used for scientific purposes   Abstract: Directive 2010/63/EU was introduced in 2010 following a widescale dissatisfaction with Directive 86/609/EEC, with the intention of ensuring the efficient functioning of the EU internal market and enhancing competitiveness and innovation of the EU research industry by means of the creation of a level playing field, ensuring high standards of welfare for animals still bred and used for scientific purposes and to improve transparency to the general public on the use of live animals for scientific purposes within the EU. Amongst its many innovations, potentially the largest and most important was the introduction of the requirement of project evaluation and authorisation, by means of which the Directive is able to implement its objectives. The focus of this study is to provide an overview of project evaluation under Article 38 of Directive 2010/63/EU. This dissertation further outlines the objectives of this Directive, with particular reference to that of the preservation of the Three Rs Principle. This dissertation also contains an in-depth analysis of the project evaluation process under Directive 2010/63/EU and the manner in which the Harm-Benefit Analysis (HBA) is to be carried out. Using Malta as a case-study, this dissertation also discusses the implementation of the HBA within a domestic context and contains a critical analysis of the Maltese legal framework. This study contains a critical analysis of the HBA as a method for project evaluation, highlighting its many shortcoming and provides proposals by means of which project evaluation under Directive 2010/63/EU may be better suited for achieving its objectives. Description: LL.B.(Hons)(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/89780 2022-02-24T06:59:21Z 2021-01-01T00:00:00Z

Title: What effects did the Gender-Based Violence and Domestic Violence Act of 2018 have on Maltese court judgements? Abstract: The crime of domestic violence has been on the increase during the last few years, ranking up as the third most committed crime in Malta. In 2018, Malta ratified the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence, otherwise known as the Istanbul Convention, leading to the adoption of the Gender-Based Violence and Domestic Violence Act aimed at combatting the problem of domestic violence and repealing the Domestic Violence Act of 2005. Reports show that often, victims of domestic violence withdraw their initial complaint. Therefore, this study will analyse reasons why Maltese courts dismiss certain domestic violence cases, to better understand why victims withdraw their complaint. The adoption of the Gender-Based Violence and Domestic Violence Act brought forward amendments to the Criminal Code and the Civil Code, enforcing harsher penalties to acts of domestic violence as well as ensuring the protection of victims of such crime. This study compares Maltese judgements delivered before the implementation of the Gender-Based Violence and Domestic Violence Act of 2018 with judgements delivered after the implementation of the Act of 2018. This comparison will be made with the aim to analyse whether the amendments brought forward by the implementation of the Act has been put into practice and its impact on the Maltese Courts. Description: LL.B.(Hons)(Melit.)

2021-01-01T00:00:00Z