https://www.um.edu.mt/library/oar/handle/123456789/2532 Sat, 29 Aug 2026 09:29:43 GMT 2026-08-29T09:29:43Z https://www.um.edu.mt/library/oar/handle/123456789/148775 Title: The regulation of beneficial ownership under EU law : assessing the impact of the anti-money laundering and countering of financial terrorism package Abstract: The transparency of beneficial ownership registers constitutes one of the most contested frontiers of European Union anti-money laundering law. This dissertation examines the new AML package, particularly Directive (EU) 2024/1640. It critically evaluates the effectiveness of this regulatory framework governing access to beneficial ownership information under EU law, with particular focus on the effectiveness of such regulatory framework. The analysis centres on the landmark ruling in WM and Sovim SA v Luxembourg Business Registers, in which the Court of Justice of the European Union invalidated the general public access provisions of Directive (EU) 2018/843 on grounds of disproportionality, and evaluates the adequacy of the legislative response embodied in Directive (EU) 2024/1640. The dissertation identifies the conceptual origins of legitimate interest, and assesses how this framework has been transposed into the anti-money laundering regime. The tiered access model introduced by Directive (EU) 2024/1640 is critically analysed, including the differentiated access rights afforded to competent authorities, obliged entities, and persons demonstrating legitimate interest. The dissertation concludes by assessing whether the current legitimate interest framework adequately reconciles the objective of transparency with the principle of proportionality. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148775 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148773 Title: Regulating deepfakes in the EU : transparency obligations and platform accountability Abstract: This dissertation critically examines the effectiveness of the European Union’s regulatory response to deepfakes, with particular focus on the Artificial Intelligence Act, and the Digital Services Act. It traces the lifecycle of AI-generated audio-visual content to evaluate the stages at which regulation intervenes, both at the point of creation and at dissemination, in order to assess how these instruments address illegal content and legal but harmful forms of deepfakes. The study evaluates their respective effectiveness through a distinct lens: whether the EU framework balances the suppression of illegal and harmful content while still preserving the freedom of expression and innovation. Adopting a doctrinal legal methodology, the study analyses key legislative provisions and recitals of the two Acts, alongside relevant academic scholarship, to determine how they regulate the emergence and circulation of synthetic media. The analysis reveals that the EU has developed a layered dual framework that combines ex ante transparency obligations with platform-based content moderation mechanisms for mitigating both illegal and harmful, yet lawful, content. Nonetheless, tensions persist. The regime’s reliance on disclosure requirements and discretionary platform enforcement raises questions about its effectiveness in addressing the full spectrum of online harms while maintaining robust protections for the freedom of expression required for a thriving information environment. The dissertation concludes that, although the EU framework represents a coherent and precautionary model, further refinement is needed to ensure a consistent and effective response to the evolving risks posed by deepfakes, while sustaining an appropriate balance between innovation and fundamental rights. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148773 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148772 Title: MiCA’s approach to algorithmic stablecoins : a post-Terra-Luna regulatory assessment Abstract: This dissertation critically assesses whether Regulation (EU) 2023/1114 on Markets in Crypto-Assets provides an adequate regulatory framework for algorithmic stablecoins in the aftermath of the Terra-Luna collapse. While stablecoins are intended to ensure price stability within crypto-asset markets, their internal heterogeneity, particularly between collateralised and algorithmic models, presents significant regulatory challenges. Unlike collateralised stablecoins, which rely on reserve assets and redemption rights, algorithmic stablecoins depend on endogenous supply mechanisms and market confidence, rendering them structurally fragile. Adopting a black-letter doctrinal approach, this dissertation analyses MiCA’s stablecoin framework and its application to algorithmic models. The Terra-Luna collapse is used as an empirical benchmark to test the Regulation’s underlying assumptions. This dissertation argues that MiCA is conceptually misaligned with algorithmic stablecoins. Although formally within scope, such models are regulated through a framework premised on asset-backing, issuer accountability and enforceable redemption, features they do not possess. As demonstrated by Terra-Luna, algorithmic stablecoin systems are vulnerable to reflexive collapse and confidence-driven instability. It is concluded that MiCA’s approach is formally inclusive but substantively inadequate. Effective regulation requires a shift towards a design-sensitive framework capable of addressing the endogenous risks inherent in algorithmic stablecoins. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148772 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148770 Title: Exploring the tension between the recent expansion of the rights of youths to participate in politics and their limited capacity under private law Abstract: Recent legal reforms in Malta have greatly promoted civic participation of adolescents. In 2018, constitutional changes reduced the voting age to sixteen, and later changes to the Local Government Act enabled sixteen- and seventeen-year-olds to contest local council elections. Subsequently, since 2023, they may also become mayor or deputy mayor. The developments are an indication of a significant change in the legal status of adolescents in democratic governance. At the same time, Maltese private law still exists in a more traditional age-based system whereby one can only become fully legally capable upon reaching the age of eighteen. As a result, adolescents may be able to exercise public authority even while being legally unable to function in many areas of private life. This dissertation focuses on assessing the coherence of Maltese law in terms of recognising and regulating the growing capacities of the adolescents in light of the aforementioned developments. The study has a predominant doctrinal methodology, analysing Maltese legislation, constitutional provisions and case law dealing with the political participation of youth and the legal capacity of minors. Comparative analysis is enriched by reference to examples of some European jurisdictions, such as Austria, Scotland and Germany, and by looking at international laws on child rights. Additionally, qualitative interviews with under-eighteen local councillors also give us insight into the working of these legal frameworks. The results show that Maltese law today reflects a fragmented approach to the capacity of adolescents in which civic empowerment and strict private-law assumptions of incapacity coexist. The dissertation therefore examines potential reforms for the reconciliation of protection and participation in terms of more functional approaches to adolescent capacity and better institutional support for young office-holders. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148770 2026-01-01T00:00:00Z