https://www.um.edu.mt/library/oar/handle/123456789/19988 Fri, 17 Apr 2026 19:54:49 GMT 2026-04-17T19:54:49Z https://www.um.edu.mt/library/oar/handle/123456789/145426 Title: A tale of two European courts : Strasbourg and Luxembourg. How is the citizen protected? Authors: Sammut, Ivan Abstract: This paper examines the legal distinction between the two European courts that are often conflated, yet are markedly different. The Court of Justice of the European Union, based in Luxembourg is the EU's Court, but it also directly influences national legal systems. It cannot be considered an international court in the literal sense. The European Court of Human Rights in Strasbourg is an international court par excellence, belonging to the Council of Europe, yet it is more accessible to individuals. Both courts address human rights in very different ways, but the CJEU's role is more limited in Human Rights and has a wider impact on individuals beyond Human Rights. Both courts contribute to European integration in their own way, yet they cannot be compared. They may be seen as competitors, but also as partners in some respects. This paper examines the relationship between the two and how it may evolve over the next decade or so. It examines the court from both individual and systemic perspectives, focusing on its contribution to stability and the rule of law. Finally, the paper examines how the possible relationship between the two can evolve in the individual's interest. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/145426 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/145023 Title: The Istanbul Convention, domestic violence legislation and child–parent relations, a case of false friends? Authors: Sammut, Ivan Abstract: Much has been written about the Istanbul Convention and domestic violence. A vast literature also exists on child–parent relations, sometimes described as parental alienation, though the term itself involves a never-ending debate. This article does not seek to debate either the Istanbul Convention or Parental Alienation itself. Rather, it seeks to examine how legislation intended to combat domestic violence can potentially lead perpetrators, including the State itself, to commit some form of domestic violence against, in this case, the least favoured parent. While every legislation has its pros and cons, this article intends to make the case that, in some cases, domestic violence legislation can itself be abused and lead to forms of domestic violence, in particular, psychological violence against some children and some of their parents. The family law of a civilized country should strive to maintain child–parent relationships and repair them when they are broken, for whatever reason. If it does not, or if it fails for any reason, then Article 8 of the ECHR may come into play. A brief case study of the Maltese domestic violence legislation, namely Chapters 581 and 636 of the Laws of Malta, can be provided. Hence, does the Istanbul Convention need reform? Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/145023 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/144825 Title: Case report : Court of Justice of the European Union : Case C-452/23 Fastned Deutschland GmbH & Co. KG v Die Autobahn GmbH des Bundes Authors: Sammut, Ivan Abstract: The Court of Justice provides clarity on the circumstances in which a concession may be modified without a new award procedure. The possibility of modifying a concession contract without a new award procedure in certain circumstances are also available in the context of a concession originally awarded to an in-house entity where the concessionaire has subsequently been privatised. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/144825 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143509 Title: Parental alienation in family court in Malta and the lack of state intervention or proper preventative legislation Authors: Sammut, Ivan Abstract: This paper analyses these concepts from the point of view of the Maltese legal system and the Family Court in Malta. First, it depicts the Maltese Family Court situation, underlying how one may conclude that certain practices and procedures in Malta infringe art 8 of the ECHR. The following section deals with parental alienation and human rights. Then through a study of a case by the ECtHR against Malta, the paper explains the hot issues that need to be addressed so that the Maltese Family Court falls in line with the ECHR. The paper’s final part concludes with recommendations for Malta to be in line with the ECHR. In this paper, Malta is taken as a microcosm of many European Family Courts who also face similar challenges to be in line with human rights regarding child access and maintenance. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/143509 2026-01-01T00:00:00Z