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Title: The introduction of an environmental court in Malta : a qualitative study
Authors: Debono, Rachel
Keywords: Environmental law -- Malta
Offences against the environment -- Law and legislation -- Malta
Issue Date: 2014
Abstract: This study focuses on identifying and proposing the ideal structure of an environmental court in the Maltese islands. Expert interviews were utilized to compile the ideas about the current conditions of Maltese environmental legislation together with the prospect of identifying a blueprint for introducing an environmental court, in terms of its structure, location, legal coverage, dealing of cases and financing. These aspects were discussed in relation to global studies together with the ideas of judges working in three renowned worldwide environmental courts namely Austria, Finland and Sweden. All professionals agreed with the proposal of an environmental court but also emphasized the importance of having the correct mechanisms to make such court functional. Maltese participants highlighted the current constraints they encounter and proposed the reformation of various environmental facets in terms of legislation, prosecution and judiciary before introducing an environmental court. Throughout this process various pros and cons were identified and meticulously analyzed as it was concluded that the formation of a Specialized Green Chamber was found to be ideal for the current state of Maltese environmental matters. A consensus was expressed by all participants with regards to the structure and selection process of judicial members, highlighting subject proficiency and expertise as key traits. Participants emphasized the need of implementing good practices similar to foreign environmental courts such as the introduction of administrative jurisdiction in combination with the current Maltese jurisdictional powers. These together with other findings can prove to be beneficial for the future of the Maltese, European and Worldwide environment.
Appears in Collections:Dissertations - FacSoW - 2014
Dissertations - FacSoWCri - 2014

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