https://www.um.edu.mt/library/oar/handle/123456789/1902 2026-04-10T03:54:08Z https://www.um.edu.mt/library/oar/handle/123456789/145426 Title: A tale of two European courts : Strasbourg and Luxembourg. How is the citizen protected? Authors: Sammut, Ivan Abstract: This paper examines the legal distinction between the two European courts that are often conflated, yet are markedly different. The Court of Justice of the European Union, based in Luxembourg is the EU's Court, but it also directly influences national legal systems. It cannot be considered an international court in the literal sense. The European Court of Human Rights in Strasbourg is an international court par excellence, belonging to the Council of Europe, yet it is more accessible to individuals. Both courts address human rights in very different ways, but the CJEU's role is more limited in Human Rights and has a wider impact on individuals beyond Human Rights. Both courts contribute to European integration in their own way, yet they cannot be compared. They may be seen as competitors, but also as partners in some respects. This paper examines the relationship between the two and how it may evolve over the next decade or so. It examines the court from both individual and systemic perspectives, focusing on its contribution to stability and the rule of law. Finally, the paper examines how the possible relationship between the two can evolve in the individual's interest. 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/145023 Title: The Istanbul Convention, domestic violence legislation and child–parent relations, a case of false friends? Authors: Sammut, Ivan Abstract: Much has been written about the Istanbul Convention and domestic violence. A vast literature also exists on child–parent relations, sometimes described as parental alienation, though the term itself involves a never-ending debate. This article does not seek to debate either the Istanbul Convention or Parental Alienation itself. Rather, it seeks to examine how legislation intended to combat domestic violence can potentially lead perpetrators, including the State itself, to commit some form of domestic violence against, in this case, the least favoured parent. While every legislation has its pros and cons, this article intends to make the case that, in some cases, domestic violence legislation can itself be abused and lead to forms of domestic violence, in particular, psychological violence against some children and some of their parents. The family law of a civilized country should strive to maintain child–parent relationships and repair them when they are broken, for whatever reason. If it does not, or if it fails for any reason, then Article 8 of the ECHR may come into play. A brief case study of the Maltese domestic violence legislation, namely Chapters 581 and 636 of the Laws of Malta, can be provided. Hence, does the Istanbul Convention need reform? 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144825 Title: Case report : Court of Justice of the European Union : Case C-452/23 Fastned Deutschland GmbH & Co. KG v Die Autobahn GmbH des Bundes Authors: Sammut, Ivan Abstract: The Court of Justice provides clarity on the circumstances in which a concession may be modified without a new award procedure. The possibility of modifying a concession contract without a new award procedure in certain circumstances are also available in the context of a concession originally awarded to an in-house entity where the concessionaire has subsequently been privatised. 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144128 Title: Defending the rule of law in the European Union Abstract: This study explores the rule of law crisis in the European Union from a legal angle, with a focus on the regression of the rule of law within its Member States. Firstly, it examines the definition of the rule of law in EU law, including through the word of the Court. The focus is primarily on Article 2 TEU, which sets out a list of values on which the EU is based, including the rule of law. These values have the dual quality of being founding values of the Union and of being common among its Member States. The extent to which the rule of law can be enforced rests on this article and on whether it is merely declaratory in nature or legally binding and enforceable in a court of law. This question is addressed through a doctrinal analysis of the treaty provisions as well as jurisprudence. In parallel, contextual research is conducted to prove that the regression of the rule of law in EU Member States is not just real, but a veritable crisis posing an existential threat to the EU legal order and the Union itself. Secondly, this study presents a critical analysis of the current tools available in EU law to defend the rule of law, and their effectiveness. The treaty provides for two mechanisms in Article 7 TEU, a monitoring and a sanctioning mechanism. Yet, this nuclear option has never been used, largely because it depends on the political will of the Member States, which has been lacking. Secondary legislation now also provides for a new mechanism that conditions the payment of EU funds to the respect of the rule of law. However, this mechanism is limited in scope. In view of the inadequacy of the existing tools, the spotlight has turned on the ECJ, which has turned out to be a formidable champion of the rule of law. Thirdly, it brings together a set of recommendations for legal reform to improve the defence of the rule of law in EU law. Twenty recommendations are advanced, divided into three categories, namely: treaty changes, amendments to the procedural rules governing the ECJ, and a proposal for a new secondary legislation. The original and value-added contribution of this project culminates with draft legal amendments that incorporate these recommendations, including a draft Regulation on the establishment of a new Rule of Law Mechanism. These drafts are attached to this work as Annex I, II and III, and can serve as a basis for legal reform in this area. The conclusion of the study is that, not only is the rule of law a legal and constitutional principle of the Union, but it is also legally binding and the Union is legally mandated to defend it. However, since this goal cannot be sufficiently achieved with current tools, proposals are put forward to reform them and to establish a new Rule of Law Mechanism to strengthen the defence of the rule of law in the European Union. Description: Ph.D.(Melit.) 2026-01-01T00:00:00Z