https://www.um.edu.mt/library/oar/handle/123456789/1126 Tue, 07 Apr 2026 09:58:50 GMT 2026-04-07T09:58:50Z https://www.um.edu.mt/library/oar/handle/123456789/145195 Title: The Constitutional Court strikes again Abstract: Though there are in deed similarities. The former is a thief – essentially he steals jewels. In the case of the Constitutional Court, the latter self-steals, it steals its own judicial independence, offering it on a golden plate to the other two organs of the state when it voluntarily gives up its own independence to appease, First, a law enacted by the Nationalist government and, second, a Labour government measure implementing that same law. [extract] Sun, 01 Mar 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/145195 2026-03-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144943 Title: Bill no 165 : another botched family law reform? Abstract: The Bill consists of a meagre 12 provisions, out of which clause 1 is the short title and commencement provision, and clause 2 simply states that for the purposes of Part I of that Bill “Code” means “Criminal Code”. The ‘reform’ is contained in less than four and a half pages of text. Clause 3 introduces a new contravention in the Criminal Code: “when ordered by a court or so bound by a contract to have access to a child, fails to exercise such access or, unless such failure constitutes a more serious offence, fails to return the child at the time so ordered or agreed, without just cause”. I agree that the failure to provide access to a child by one spouse or partner to the other needs to be addressed by law as that is a social phenomenon causing pain and suffering. [extract]. Sun, 01 Mar 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/144943 2026-03-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144726 Title: Judge Wenzu Mintoff’s earth-shattering tremor : part 2 Abstract: What must be kept in mind is that the whole appointment procedure is a political one, not an administrative one. This episode shows how inept the Judiciary’s Code of Ethics is when it states that: “Nor shall members of the Judiciary individually accept any advantage or benefit from the Executive except when such advantages or benefits are addressed to the Judiciary collectively.” This sentence means that no judge can ever be appointed Chief Justice (CJ) as the CJ appointment bestows an advantage or benefit upon the judge to be so appointed; but this Code of Ethics rule offends the constitutional provision. Sun, 01 Mar 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/144726 2026-03-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144566 Title: Judge Wenzu Mintoff’s earth-shattering tremor : part 1 Abstract: An earth-shattering tremor hit Malta last Tuesday. It was measured at scale 10 of the politico-judicial Richter magnitude scale. This earthquake was provoked by the unlawful leakage of a confidential email addressed by Mr Justice Wenzu Mintoff to the Cabinet Secretary and copied to others, namely the Prime Minister, Deputy PM, justice minister, and President of Malta. The question that must be asked is: did Judge Mintoff breach the Code of Ethics for the Members of the Judiciary in his unprecedented communication with the Cabinet Secretary and the others? Sun, 01 Mar 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/144566 2026-03-01T00:00:00Z