https://www.um.edu.mt/library/oar/handle/123456789/2532 2026-04-24T05:40:45Z 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 https://www.um.edu.mt/library/oar/handle/123456789/140679 Title: The reconciliation of conflicting human rights before courts having criminal jurisdiction Abstract: This study deals with some conflicts which arise during the pendency of criminal proceedings. The object which is the subject of such conflict is a right protected by law. The study considers conflicts arising between human rights belonging to stakeholders pendente lite, meaning throughout criminal proceedings, i.e. as stated in the title of the dissertation ‘before Courts having criminal jurisdiction’. Such conflicts are detected in this study, after which the author proposes methods to attempt to reconcile such conflicts in a manner which upholds the respect for fundamental rights of the stakeholders, be they victims, witnesses, or the accused. The dissertation deals with some facets of the right to a fair trial, all of which are revealed in the following research questions: I. Can the right to a public hearing be restricted? II. Can the presumption of innocence of the accused be breached by prejudicial pre-trial publicity? III. Can rights of victims be prejudiced by the judicial admission of crimes for the purposes of the obtainment of plea-bargains? The author suggests that Article 517 of the Criminal Code be re-drafted by inserting the words ‘or of the complainant or any witness’ after the words ‘or of the party charged or accused’. Article 391 of the Criminal Code fails to mention specific requirements which the prosecution must prove to secure witness protection and anonymity. The author proposes that certain requirements be explicitly included in Maltese Law. The author heavily criticized the half-baked parliamentary measure to the effect that only drug trafficking cases were spared the applicability of the proviso to Article 436(6) of the Criminal Code by virtue of clause 3 to Act VII of 2025 which came into effect on 17 March 2025. No change has been effected in so far as the crime of willful homicide is concerned. Description: LL.B.(Hons)(Melit.) 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/140676 Title: The extent of criminal responsibility and culpability of child soldiers forced into armed conflict : the victim : perpetrator dichotomy Abstract: The criminal responsibility of child soldiers, both during and subsequent to their engagement in armed conflicts, constitutes a multifaceted moral and legal quandary. While children are frequently regarded as victims of exploitation, their conduct in these conflicts and their behaviour post-involvement raises significant inquiries relating to their accountability under international law. This dissertation appraises the legal frameworks that pertain to the criminal responsibility of child soldiers, exploring how international legal systems mediate the tension between their victimisation and their possible culpability. Chapter 1 evaluates the term ‘child soldiers’ along with the ethical and legal complexities surrounding child soldier recruitment, establishing a contextual foundation for the study. Chapter 2 assesses the key international legal instruments, including but not limited to, the Geneva Conventions, the Convention on the Rights of the Child, and the Statute of the International Criminal Court in addressing how legal systems handle the complex dual identity of child soldiers. Chapter 3 examines the study methodology using a mixed-methods approach that blends qualitative and quantitative legal analysis of research data and rehabilitation trends with assessments of jurisprudence. Chapter 4 identifies key gaps and challenges in holding child recruiters accountable, including legal limitations, enforcement difficulties, and prosecution trends. It discusses necessary legal reforms to harmonise prosecution, rehabilitation, and reintegration efforts as measures to strengthen reintegration programs and community-based rehabilitation. The study concludes with a summary of findings, a proposed accountability framework, and suggestions for future research. By contributing to legal debate, the present research advocates for an impartial and fair legal framework that assures justice while respecting child soldiers’ rights. Description: LL.B.(Hons)(Melit.) 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/140673 Title: AI risks in insurance : an analysis of the legal and regulatory controls under the AI Act, GDPR and liability systems Abstract: This dissertation examines the regulatory framework governing AI within the EU insurance sector, focusing on the interplay between the AIA, GDPR, and the rPLD. The central aim is to analyze the AIA's risk-based approach, particularly its classification of AI systems used in insurance risk assessment and pricing as high-risk, and the mandatory requirements for these systems. The role of the GDPR in regulating the processing of personal data by AI systems in the insurance industry is investigated, emphasizing transparency, fairness, and the rights of data subjects. Additionally, the rPLD's modernised civil liability framework is evaluated, addressing challenges posed by AI, such as the 'black box' issue and the expanded definition of ‘product’ to include AI systems. Through legal and doctrinal analysis, this thesis provides a comprehensive understanding of the current EU legal and regulatory landscape governing AI in the insurance sector, highlighting the interconnected roles of the AIA, GDPR, and rPLD in balancing innovation with the protection of fundamental rights and consumer trust. The findings underscore the complexity and necessity of robust regulatory measures to ensure responsible AI deployment in insurance. Description: LL.B.(Hons)(Melit.) 2025-01-01T00:00:00Z