https://www.um.edu.mt/library/oar/handle/123456789/694 2026-04-10T04:05:28Z https://www.um.edu.mt/library/oar/handle/123456789/145349 Title: Escaping the Engel criteria Authors: Attard, Robert Abstract: This paper critically examines the application of the Engel criteria, a tool relied upon by the European Court of Human Rights to determine whether administrative proceedings should be classified as criminal drawing the enhanced procedural guarantees of Article 6 of the European Convention on Human Rights. The Engel criteria, established in the landmark case Engel and Others v The Netherlands (1976), has been widely applied in ECHR jurisprudence, often leading to the reclassification of administrative sanctions as criminal charges. However, this approach has faced criticism for its perceived incoherence, inconsistency, and challenges it creates to enforcement regimes. Through a comprehensive analysis of all known Engel judgments, this study identifies cases where administrative sanctions were deemed non-criminal, providing a detailed vademecum for policymakers. The paper highlights the challenges posed by the Engel criteria, particularly in enforcement regimes, and proposes practical solutions to clarify the distinction between administrative and criminal sanctions. By focusing on the characteristics of “pure administrative sanctions” that escape the Engel criteria, the study offers a scalable framework for designing effective administrative penalty regimes while maintaining compliance with the ECHR. 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143668 Title: Investigating earnings management within Maltese limited companies Authors: Magro, Michaela; Tabone, Norbert; Baldacchino, Peter J.; Ellul, Lauren; Grima, Simon Abstract: This study aims (i) to assess the prevalence of Earnings Management among non-financial Maltese Listed Entities; (ii) to explore the underlying motivations and drivers that give rise to such practices; and (iii) to investigate the methods and techniques currently employed by the auditee or auditor to prevent or detect Earnings Management within Maltese Listed Entities. A sequential two-phase explanatory mixed-methods approach was employed: first, the accrual-based model was applied to assess the presence of Earnings Management, followed by 20 semi-structured interviews with Audit Partners and Chief Financial Officers. While Earnings Management sector-specific behaviours were observed, no statistically significant differences in the distribution of Earnings Management across sectors were found, suggesting overall consistency. Despite its presence, Earnings Management remains ambiguous, with diverse interpretations creating opportunities for exploitation. The principles-based nature of IFRS facilitates Earnings Management, allowing subjective judgment to serve managerial interests. Motivations for the practice include company-level capital pressures and contractual obligations, with auditors seen as key deterrents owing to their commitment to professional standards. While current preventative measures are effective, the study calls for stronger scrutiny of management and auditors. It also highlights opportunities for local regulatory bodies to enhance consistency and depth in their approach to addressing complex Earnings Management techniques. Lastly, External Auditors face challenges such as quality gaps between Big 4 and non-Big 4 firms, and client resistance during efforts to detect Earnings Management. The study has sought to understand the Earnings Management phenomenon within the Maltese context, given its negative implications on Financial Reporting. 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143650 Title: Debate : researching in challenging times — adapting and enhancing public sector accounting practices Abstract: Public sector organizations are increasingly grappling with a series of complex challenges, from economic austerity (Bracci et al., 2015), wicked problems (Thomasson et al., 2020), and poly-crises (Vito et al., 2024) to the evolving demands of digital governance (Grossi & Argento, 2022). In this dynamic and uncertain environment, accounting, reporting and auditing are crucial in addressing contemporary challenges. Comparative international studies provide valuable insights by highlighting best practices and lessons learned from different contexts, especially during turbulent times. Such approaches can potentially contribute to better equipping public sector organizations to navigate and overcome current challenges effectively, ensuring greater accountability, transparency, resilience and building trust in public administration. This debate article examines critical areas that require deeper understanding and thorough analysis. Description: As per Journal policy, debate articles are not peer reviewed and published subject to editorial review. 2024-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143645 Title: Exploring the measurement dilemma in public sector financial reporting Authors: Caruana, Josette; Bisogno, Marco; Sicilia, Mariafrancesca Abstract: This introductory chapter elaborates on the tricky issue of measurement in public sector financial reporting, which arises due to the particular features of the public sector when compared to the private sector. It provides a summary of the book chapters, highlighting the theoretical/practical frameworks used, methodologies and conclusions. Three themes are identified in the book, namely, (a) frameworks and methodologies; (b) measuring and reporting the elements in financial statements; and (c) heritage. This chapter identifies important avenues for further research. 2023-01-01T00:00:00Z