https://www.um.edu.mt/library/oar/handle/123456789/1124 2026-09-22T02:32:31Z https://www.um.edu.mt/library/oar/handle/123456789/149262 Title: The challenges of enforcing competition law in a small EU State : a case study of Malta Abstract: This dissertation examines the challenges of enforcing competition within a small EU Member State, using Malta as a case study. Although the Competition Act (Chapter 379 of the Laws of Malta) is modelled on EU competition principles, the practical reality of enforcement within a micro-jurisdiction of approximately 550,000 people creates structural, institutional and procedural difficulties that conventional competition frameworks do not adequately address. Drawing on the economic theories of Michal Gal and Lino Briguglio, this dissertation establishes that highly concentrated structures in Malta result from structural necessity rather than anti-competitive behaviour, making the Office for Competition’s duties more challenging. Through the analysis of four case studies, three recurring enforcement constraints are identified, namely, a court dependent sanctioning model producing several delays, limited institutional resources and procedural discontinuities arising from successive legislative overhauls. A comparative analysis with Cyprus and Luxembourg then shows that the constraints identified are not inherent to small states but rather arise from specific legislative choices. The dissertation then concludes by proposing Malta specific reforms to address these constraints. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149261 Title: The right to identity and the right to know one’s biological origin in the context of gamete donation Abstract: The right to identity and the right to know one’s biological origin has become increasingly significant within human rights law. For donor-conceived individuals, access to information about their genetic origin is closely linked to personal identity and private life. The European Court of Human Rights has recognised that such interests fall within Article 8 of the European Convention on Human Rights. This study examines the extent to which Gauvin-Fournis and Silliau v. France espouse the recognition of the right to know one’s biological origin, and whether this judgment is coherent or divergent when compared with earlier ECtHR jurisprudence and the United Nations Convention on the Rights of the Child. It analyses the development of this right under Article 8 of the ECHR, evaluates the judgment in consideration of Articles 3, ti and 8 UNCRC, and situates the case within the broader framework of ECtHR case law. The study finds that the right to know one’s biological origin is recognized under Article 8 of the ECHR but is not absolute. While Gauvin-Fournis and Silliau v. France represents an important development by explicitly extending protection to donor-conceived individuals, the Court maintains that this right must be balanced against competing interests. This dissertation further concludes that the judgment demonstrates overall consistency with both UNCRC and earlier ECtHR judgments at the level of principle and methodology. However, it may also give rise to certain points of tension, in relation to the UNCRC on matters concerning the level of protection of the right and the best interest principle. While in the context of earlier ECtHR judgments, tensions arise due to the level of scrutiny, effective protection of this right, prolonged uncertainty about one’s identity, and lastly, in relation to the margin of appreciation. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149260 Title: Judicial review of administrative action in Malta : a legal analysis Abstract: The framework outlined in Article 469A of the Code of Organisation and Civil Procedure is the main topic of this dissertation, which assesses the efficacy of judicial review of administrative action in Malta. It charts the evolution of judicial review from its common law origins in England to its statutory codification, analysing how this change has influenced the field’s function and purpose. The study evaluated the legal underpinnings and practical implementation of judicial review through a doctrinal and qualitative analysis of legislation, case law, and scholarly literature. The established grounds of review, procedural requirements, and changing judicial perspectives are all critically examined, especially with regards to standing, natural justice and abuse of power. The results show that even if judicial review has grown to be a crucial tool for maintaining the rule of law and guaranteeing administrative accountability; procedural obstacles, and a disjointed legal system continue to limit its efficacy. However, recent trends point to a change towards a more robust and accessible system, particularly the concept of legal interest and the increasing acknowledgement of concepts like proportionality and legitimate expectation. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149224 Title: Justice in expropriation : assessing fairness of the Maltese legal system Abstract: This dissertation analyses the concept of fairness within the Maltese legal system governing expropriation, assessing the extent to which the law balances the demands of public interest with the protection of private property rights, with specific consideration given to the role of compensation as a main safeguard against State interference. This study traces the historical development of expropriation law, from the early legislative framework to the Land Acquisition (Public Purposes) Ordinance (Chapter 88), and ultimately the Government Lands Act (Chapter 573). It identifies structural shortcomings under Chapter 88, including excessive delays in compensation, restricted access to proceedings, rigid valuation methods, and the wide discretionary powers afforded to the State. These deficiencies are examined through an analysis of both domestic and European Court of Human Rights jurisprudence, specifically in view of the principles of proportionality and fair balance under Article 1 of Protocol No.1 and the “reasonable time” requisite under Article 6(1) of the European Convention on Human Rights. It critically analyses the wide definition of public purpose and public interest, demonstrating how their flexible interpretation has allowed extensive State discretion. Additionally, legislative reforms, particularly Act XVII which introduced the Government Lands Act, that addressed the shortcomings of Chapter 88 are evaluated. It highlights major improvements such as enhanced procedural protection, the abolishment of public, the introduction of a ten-year limit on possession and use, and mechanisms allowing owners to start proceedings and secure compensation. However, it acknowledges the persistence of certain elements of the regime, specifically in relation to valuation methods. Ultimately, the dissertation concludes that although the Maltese expropriation framework has evolved towards greater fairness and alignment with human rights standards, it remains an evolving system, depending on how the reformed laws are applied in practice. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z