https://www.um.edu.mt/library/oar/handle/123456789/86533 2026-04-27T07:57:05Z 2026-04-27T07:57:05Z https://www.um.edu.mt/library/oar/handle/123456789/86845 2022-01-13T06:27:24Z 2021-01-01T00:00:00Z

Title: A critical assessment of the no creditor worse off principle (NCWO) Abstract: Following the 2008 global crisis, the need for an effective crisis management framework was brought to the fore. As a reaction to this, the Single Resolution Mechanism was established within the EU, regulated by the Single Resolution Mechanism Regulation and the Bank Recovery and Resolution Directive. The resolution framework provides authorities with a toolkit that ensures that should an institution of a significant size, satisfying the public interest assessment, fail, resolution action may be taken to minimise the system impact and financial stability risks. To ensure that this outcome is achieved efficiently, powers are granted to authorities that allow for the write-down and conversion, or transfer of assets, without the consent of the respective shareholders and creditors. Due to the far-reaching implications of such action, the No Creditor Worse Off safeguard was included in the framework to protect property rights and uphold credibility and certainty. It essentially guarantees compensation to affected shareholders and creditors if the losses endured in resolution exceed those that would have been incurred in the counterfactual scenario of insolvency. Albeit being a fundamental aspect of the resolution framework, several challenges arise in implementing the safeguard effectively. To this end, the study assesses academic contributions on the topic and reflects on whether the intrinsic difficulties that emerge in conducting a prudent No Creditor Worse Off assessment hinder a proper application. The study also looks into the impact and implications that other overarching policy challenges in the BRRD have on the application of the safeguard. This is reviewed within the context of two prevalent cases, specifically the Banco Popular case, and the Veneto Banca and Banca Populare di Vicenza case. Furthermore, reference is made to the U.S. Framework as a model for EU legislators moving forward. Description: LL.M.(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86844 2022-01-13T06:26:19Z 2021-01-01T00:00:00Z

Title: An examination of the European Union’s regulatory framework on ship and port facility security Abstract: The vitality of the global economy is largely dependent on the movement of ships for the transport of goods and persons by sea. At a European Union level, the single market is heavily dependent on efficient and secure maritime transport. This dissertation examines the effectiveness of the European Union regulatory framework on ship and port facility security. The work addresses why ship and port facility security are crucial for the effective operation of maritime trade within the European Union. The study identifies and examines the main European Union instruments regulating ship and port facility security, in particular, how Regulation 725/2004 and Directive 2005/65/EC has been transposed in EU legal framework. The dissertation also assesses the implementation of said instruments regulating ship and port security by selected Member States of the European Union, namely Spain and Malta. The findings of this research suggest that apart from imposing harsher punitive measures and criminalising the intent to commit a crime against a ship or a port facility, the Member States should continue working together in order to enhance ship and port facility security framework. Description: LL.M.(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86843 2022-01-13T06:25:47Z 2021-01-01T00:00:00Z

Title: The development of road safety in the European Union Abstract: One of the main goals of the European Union is road safety and the reduction of road fatalities and serious injuries in its roads. Since road safety falls under the shared competence and therefore many measures are dealt with by the Member States, the European Union, in line with Article 91(c) of the Treaty on the Functioning of the European Union (TFEU), has significantly developed the acquis in this area, with the European Commission adopting several policy frameworks on road safety focusing its measures on road infrastructures, measures on vehicle conditions and the transport of dangerous goods. This thesis will focus on the measures taken by the European Commission through the publishing of several European Road Safety Action Programmes and White Papers, one of which is entitled ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’, with its aim being the reduction of road fatalities and serious injuries on the roads of the Member States. The discussion will then turn towards an assessment of road safety legislations implemented by the European Union. These legislations regulate the technical conditions of vehicles, the use of speed limitations devices, the transport of dangerous goods, the Intelligent Transport Systems and the eSafety initiative, safety of road infrastructure and the cross-border exchange of information on road safety related traffic offences, amongst others. Moreover, the case law by the Court of Justice of the European Union (CJEU) dealing with road safety will be discussed, as well as how legislation on road safety hindering trade with the European Union could be justified on safety grounds. Finally, the thesis will examine the results on road safety which the European Union managed to achieve throughout the years and the further action which the European Union intends to take in order to reach its goals, namely zero fatalities on the roads of its Member States. Description: LL.M.(Melit.)

2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86842 2022-01-13T06:25:22Z 2021-01-01T00:00:00Z

Title: Online advertising : the interplay of EU data protection and consumer protection law Abstract: Within the digital era, the protection of EU consumers’ personal data has become increasingly important, as the data of individuals are often exposed, shared and transferred to sellers, advertisers and third parties, for the purpose of targeted advertising and of offering personalized recommendations or customized products and services, based on consumers’ preferences, weaknesses and psychological insights. Given the increased need to protect consumers from unlawful or unwanted advertising in an online environment, this thesis shall assess the intersection between online advertising, EU data protection law and EU consumer law. Following a presentation of the most relevant provisions of the EU legal framework on protection of personal data, this study shall analyze the most significant instruments of EU consumer law that could be applicable in the field of online advertising and shall assess the interplay between these two areas of law. Taking into account the central role of privacy in a democratic society, it shall be demonstrated that consumer law could offer an additional layer of protection in cases of personal data breaches by the AdTech industry. It is concluded, that although consumer law is mainly focused on fair contracting, whereas data protection law aims primarily at protecting fundamental rights when personal data are being processed, these two legal fields can complement each other and offer consumers enhanced protection of their rights in the digital economy. Description: LL.M.(Melit.)

2021-01-01T00:00:00Z