https://www.um.edu.mt/library/oar/handle/123456789/28352 2026-04-10T13:40:25Z https://www.um.edu.mt/library/oar/handle/123456789/29474 Title: Does the new data protection framework provide enough safeguards for the protection of citizens' biometric data? Abstract: This research primarily aims to assess how biometric data is protected under Directive 95/46/EC (the Data Protection Directive) & whether the coming into force of Regulation (EU) 2016/679 (the General Data Protection Regulation) on the 25th of May 2018 will strengthen the safeguarding of the protection of citizens’ biometric data. An overview of what is biometric data and why it should be well protected will also be given; along with a comparative examination of different pieces of legislation in different states within the European Union and third party states that regulate the subject. This will enable the reader to analyse the provisions introduced by the Regulation in the context of how different jurisdictions are protecting biometric data; enabling one to see whether the measures agreed upon in the final text of the Regulation are enough to safeguard citizens or whether some good practices which could have been very beneficial were left out. This research will also look into whether this new approach, a regulation which creates harmonisation in data protection law without the need for implementation in national legislation, will be better to protect citizens’ rights in this field especially in the context of rapid scientific developments and advances in technology making the collection and processing of biometric data easy; which processing is now targeting large populations across the board in several commercial and governmental fields. This research will therefore look into whether this new data protection framework provides enough technical and organisational measures that allow the use of biometric data while mitigating the data protection and privacy risks on European citizens’ privacy and their fundamental right to data protection in this age where this technology is no longer expensive so there are no economic restrains limiting privacy impact of individuals’; as was the situation when the Data Protection Directive was adopted in 1995. Description: LL.D. 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29471 Title: Public service provision in the EU maritime cabotage sector : a special case for island regions? Abstract: The dissertation analyses the regulation of public service provision in the EU maritime cabotage sector with special reference to island regions. Since various public passenger transport services that society needs as part of its general interest cannot be run commercially, the responsible national, regional or local authorities of the Member State concerned must ascertain that those services are provided to the necessary standards. This is especially so in the case of islands which face additional difficulties due to the issue of insularity. The sector-specific rules limiting the Member States’ discretion in defining services of general economic interest and in imposing public service obligations and granting public service compensation are critically reviewed against a practical background of various CJEU judgements and Commission decisions related to island regions. Such rules include those emanating from Regulation (EEC) No 3577/92 as interpreted by the Commission Communications, decisions and judgements, as well as the applicable state aid rules and public procurement rules in the sector. The compatibility assessment relating to public service compensation is also discussed. A ferry tendering route is laid down and there is an examination of the importance of an open, transparent and non-discriminatory tender and award procedure in cases where Member State decide to tender ferry services. The issues of bundling exclusivity, public service contract duration and conditions of the tender/contract are also tackled. A review of the Maltese experience in the sector is carried out, most notably of the lifeline ferry service provision between Malta and Gozo and the upcoming tender with regard to such service which will include the additional service of a passenger only fast ferry. The thesis concludes with suggestions to better address the sensitive situation of island regions in the area under discussion. Description: LL.M.EUR.COMP. 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29412 Title: The EU police and criminal justice data protection directive : from proposal to implementation Abstract: Since its pronouncement, Council Framework Decision 2008/977/JHA has been subject to relentless criticism due to its shortcomings and deficiencies in the data protection rules it contains. It was described as a step further from the previous situation, yet far from meeting the expectations that many hoped for, in particular due to the lack of harmonisation it achieved. A year later, Art.16 of the TFEU as amended by the Lisbon Treaty, mandated the EU legislator to enact data protection rules in all areas of EU competence, including the whole AFSJ. In addition, the EU Charter, which enshrines the fundamental rights to privacy and more specifically to data protection, was given legally binding value. All these factors, combined with the ever-increasing dependence on the processing of personal data by the state in its security oriented activities, and in an effort to reconcile the requirements of law enforcement authorities to effectively carry out their tasks with the privacy and data protection rights of individuals, the EU data protection reform was pronounced. This consisted of a General Data Protection Regulation and a Directive for the Police and Criminal Justice Sector. These two siblings were enacted in 2016 and will be applied as from 2018. This thesis provides an in-depth analysis of selected provisions of the Directive. The study assesses the extent of actual improvements brought about by the Directive, by comparing it to its predecessor, the Council Framework Decision, and previous iterations, taking account of wellestablished data protection principles. The analysis is made in light of the discussions that took place in DAPIX, opinions delivered by the EDPS, the opinions of the A29WP, and the relevant judgements of the CJEU. Envisaged difficulties that Member States will face while implementing the Directive are also pinpointed. Description: LL.D. 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29406 Title: Employment discrimination with regard to transgender people Abstract: The focus of this term paper was to achieve a thorough understanding of the protections available to those transgender individuals within the sector of employment. This paper commences by defining a number of terms so as to introduce the subject as well as to help better understand the provisions of the law. Subsequently, Maltese legislative instruments as well as various European ones were analysed to delineate the difference in protections between the two, if any. Furthermore, the options of redress of the aggrieved parties are discussed with reference to the main equality body as well as the Industrial Tribunal. The third section of this project shall take a look at a unique survey carried out in 2014 by the European Union Agency for Fundamental Rights which is the most recent reference to statistical evidence with regards to gender identity discrimination in employment across all European Union Member States. This is followed by a review of the landmark judgment of the Court of Justice of the European Union, which set a binding precedent as to how discrimination in the workplace with regards to transgender people shall be protected under the European Directives. In conclusion, the author shall offer an insight into what changes shall be coming in the future with regards to local legislation in this matter. A final remark is drawn up, focusing primarily on what can be improved in the laws governing the nondiscrimination of transgender individuals in employment. Description: LL.B 2017-01-01T00:00:00Z