https://www.um.edu.mt/library/oar/handle/123456789/38657 2026-04-15T03:55:51Z https://www.um.edu.mt/library/oar/handle/123456789/40874 Title: Legal issues related to the integration of asylum seekers and protected persons in Malta Abstract: The integration of asylum seekers and protected persons into their host society is one of three effective durable solutions put forward by UNHCR (United Nations High Commissioner), often it is the only option available to protected persons who for reasons beyond their reasonable control cannot be repatriated to their country of origin, nor re-settled to another host member state. This research paper places great emphasis on the importance of an effective integration mechanism in a host State, with special consideration being had to Malta’s situation as a hub for migration in recent years. The paper aims to investigate the legal dimension behind integration efforts on in Malta, with comparison, where applicable, to European law and policy on the subject of integration, providing a comprehensive overview of the legal provisions most pertinent to integration efforts. In addition to compiling these most relevant provisions, the paper shall seek to suggest areas of improvement from a legal, policy, and/or enforcement stand-point where this is applicable, while investigating whether the Maltese framework is up to the European standard. Description: LL.B 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40873 Title: Health and safety inspections in restaurants : to what extent is Maltese law on occupational health and safety fulfilling its objectives with regard to restaurants in Malta? Abstract: This research addresses health and safety inspections and occupational health and safety (OHS) legislation with reference to restaurants. In 2014 OHSA carried out the Slips and Trips Campaign whereby 292 inspections were conducted in restaurants in Malta and Gozo. Certain OHS duties are less adhered to by restaurateurs than they are by hoteliers. A study of the results obtained from restaurant and hotel inspections confirms that restaurants, being SMEs, require further assistance in the implementation of OHS measures. The scope of OHS is limited to the protection of employees and third parties who may be affected by the work-activity. That said the author looks into health and safety inspections conducted by the Malta Tourism Authority (MTA) to ensure that the restaurant premises are safe for the restaurant patrons. The research finds that inspections on the building structure of the premises lack. Furthermore, the proposed legal reform for the tourism industry should cause changes to the conduct of MTA inspections in restaurants. The development of National Occupational Standards (NOS) should raise the level of skill and knowledge of employees working in the tourism industry particularly as far as OHS is concerned. The proposed Skills Card Scheme which would recognise the skills and knowledge of restaurant employees is the way forward to have more employees acquainted with OHS legislation, particularly migrant employees. Through this research the author also addresses the powers and functions of the Inspections Coordination Office which is set up in virtue of the Coordination of Government Inspections Act, Chapter 568 of the Laws of Malta. The tentative coordination framework indicates that this law should reduce significantly the number of inspections conducted in restaurants. Description: LL.B 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40867 Title: A critical analysis on the legal principles of the UK UBER judgement; what would the effect be had this judgement been delivered in Malta? Abstract: The ‘UBER’ judgement has proved to be a landmark judgement, underlining the arrangement of several defects within the definition of self-employment as spelled by the UK Employment Tribunal. This study shall serve as a solid-based assembly, pointing out variations within local legislation and undertaking the repacking of worker rights for the twenty-first century. A conductive report showing the despairing need for an acuter outlook on the protection of employees’ rights, this ruling shows the imminent risk of having standard personnel improperly classified as ‘self-employed’. The leading goal behind this research question is to scrutinize and create a clearer standpoint on who the ‘self-employed’ really are by underlining precarious notions arising out of this judgement in assessment of the Maltese legal system. What are the lessons learned from UBER? What are the implications arising out of this landmark verdict? Has Malta anticipated such an employment incidental issue? How can local law be amended to cater for new forms of employment? What are the implications of Subsidiary Legislation 452.108 of the Laws of Malta? Through tackling these research questions, this study will assist in the attentiveness of local errors and supply new knowledge and scenarios to the holistic outlook of self-employment in Malta; particularly through the analysis of Maltese legislation and case law vis-à-vis Malta’s prosperous/condescending steps in light of this prominent judgement. Description: LL.B 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40856 Title: The modern relevance of juridical interest in Constitutional proceedings and public law affairs Abstract: The notion of ‘Juridical Interest’ is a well established one in the field of Civil Law. The Courts tend to stress on evaluating whether the parties that appear before it have successfully satisfied the requirement of proper standing. This could be so for various reasons including the fact that to ensure good administration and smooth running of the justice system, the courts cannot constantly deal with vexatious claims. Lack of legislation and possibly wrong interpretation of the law has led to a transposition of the notion of juridical interest into the realm of public law, and public interest litigation. Through case law and a comparative approach of foreign jurisdictions, including jurisprudence from the ECtHR, this Term Paper seeks to primarily clarify the demarcation between the realms of civil law and public law, stressing that not all procedures should apply across the board, and secondly to examine the most beneficial manner to employ juridical interest in the ambit of Public Law. The author shall analyse the application of juridical interest in the ‘actio popularis’, human rights action, constitutional measures which may be ultra vires as well as other public law affairs, including judicial review. Furthermore, the author aims to consider the current practice and offer solutions and progressive methods to resolve certain issues that may be imperilling the rule of law. Description: LL.B 2018-01-01T00:00:00Z