https://www.um.edu.mt/library/oar/handle/123456789/1124 Fri, 22 May 2026 09:41:20 GMT 2026-05-22T09:41:20Z https://www.um.edu.mt/library/oar/handle/123456789/146632 Title: Expropriations under Maltese Law Authors: Musumeci, Robert Abstract: This article offers a structured account and evaluative critique of expropriation under Maltese law, tracing its transition from the fragmented colonial framework of Chapter 88 to the codified regime of Chapter 573. Grounded in the dual constitutional and human rights guarantees of Article 37 of the Constitution of Malta and Article 1 of Protocol No. 1 of the ECHR, the study maps out the boundary between the deprivation of property and control of use. It examines the evolution of "public purpose" judicial review, details prospective and historic remedial pathways for landowners (including Articles 41, 63, 64, 65, and 67), and critically analyzes valuation rules, interest calibrations, court cost allocations, and the "ceiling rule" constraints imposed on the Lands Arbitration Board. Testing domestic jurisprudence against Strasbourg's "fair-balance" standard, the analysis serves as a doctrinal map aimed at improving consistency, transparency, and timeliness in Maltese expropriation practice. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/146632 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/146612 Title: Postcolonial law : autochthonous illusions, or rupturing the shackles of British acculturation? Authors: Aquilina, Kevin Abstract: This paper restricts its focus on Malta’s postcolonialism in relation to one sector of society – public law – and argues that since the inception of British colonialism in Malta in 1800, following Malta’s independence in 1964, and up to the present moment in time, British acculturation has taken its toll in this sector of Maltese society to such an extent that such sector in the republican state is very much of a mirror image of the colonial imprint. After defining key terms such as “colonialism”, “post-colonialism”, “postcolonialism” and “British acculturation” for the purposes of this paper, a distinction is drawn between British postcolonialism, on the one hand, and other forms of post-colonialism extant in Malta, on the other, leading to the finding that although Malta is both post-colonial and postcolonial in nature, it is the latter that has gained the upper hand both during Malta’s British colonial times and following Malta’s independence mainly because Britain was Malta’s last coloniser and applied a policy of acculturation in Malta at least in the sector of society surveyed that has, during the colonial and postcolonial periods ranging from 1800 to date, nearly eradicated from Malta the remnants of European continental public law. The work then identifies the advantages and disadvantages of postcolonialism in Malta, the rejection of recourse to the option of autochthony that was available to the Maltese nation post-independence but never availed of, and the meaning of, and ingredients for, autochthony should the Mediterranean state chose in the future to cross this bridge. It further attempts to understand why the Mediterranean state has, instead of pursuing the autochthony road, had recourse to a servile colonial mentality post-independence that did not detach it completely from the former coloniser’s pubic law. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/146612 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/146608 Title: Evolving protections in collective redundancies : analysing recent ECJ decisions and their impact on employers, employees, and trade unions in EU labour law Abstract: The Collective Redundancies Directive (98/59/EC) remains a central instrument of European labour law, balancing the employer’s freedom to restructure with the protection of employees against the consequences of large-scale dismissals. This dissertation analyses how the Court of Justice of the European Union (CJEU) has shaped the Directive through its jurisprudence and examines the resulting impact on national legal systems, with Germany and Malta serving as case studies. The study demonstrates that the CJEU has expanded the Directive’s scope and clarified key concepts such as “worker”, “dismissal”, “establishment” and “controlling undertaking”. Landmark rulings including Junk v Kühnel, Balkaya, Bichat, AEK, Resorts Mallorca and MO v SM illustrate the Court’s role in strengthening procedural safeguards and reinforcing consultation obligations. While these judgments promote uniform protection, they also create tensions for employers, particularly in jurisdictions where national traditions diverge from the Court’s interpretation. The comparative analysis reveals significant differences in implementation. German law provides strong worker protection but generates uncertainty and litigation risks through its complex procedures and strict sanctions. Maltese law, by contrast, offers efficiency and predictability, though often at the expense of meaningful worker participation. These findings highlight the Directive’s partial harmonisation and the continuing variation in worker protection across Member States. The dissertation concludes that reform is necessary to ensure clarity, proportionality, and effectiveness. Recommendations include harmonising sanctions, clarifying definitions, enhancing consultation rights, and addressing challenges posed by digitalisation, platform work, and cross-border restructurings. Future research should explore the role of European Works Councils, the impact of algorithmic management, and protections for non-standard workers. The Directive, while pioneering, requires recalibration to remain fit for today’s labour markets and to maintain a fair balance between flexibility for employers and protection for workers. Description: LL.M.(Melit.) Wed, 01 Jan 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/146608 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/146606 Title: The role of virtual asset service providers in money laundering : a comparative analysis of regulatory frameworks in Turkey and the EU Abstract: The rise of crypto-assets has transformed the global financial landscape, creating both opportunities for innovation and risks to financial integrity. As exchanges, custodians, and other intermediaries emerged to facilitate the trading, storage, and transfer of these assets, regulators confronted the challenge of extending anti-money laundering and counter-terrorist financing frameworks to an industry defined by anonymity, borderless transactions, and rapid technological change. This dissertation will examine the legal regimes that govern CASPs in their role as intermediaries within the crypto-asset ecosystem. The European Union operationalized these standards through successive directives and, more recently, through directly applicable regulations such as the Markets in Crypto-Assets Regulation and the Transfer of Funds Regulation. Türkiye, under pressure from its FATF grey-listing, incorporated CASPs into its AML legislation, strengthened sanctions compliance, and ultimately embedded them within capital markets law, backed by detailed MASAK notices and Capital Markets Board Regulations. After comprehensively evaluating the legal frameworks any gaps or shortcomings will be addressed and their potential impact and real world applications will be provided. One of which is the current exclusion of decentralized exchanges which if stays unregulated could have catastrophic adverse effects just as the previous FTX crisis. Description: LL.M.(Melit.) Wed, 01 Jan 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/146606 2025-01-01T00:00:00Z