Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/2988
Title: An analysis of the Public Administration Act
Authors: Borg, Paul (2010)
Keywords: Malta. Public Administration Act, 2009
Public administration -- Malta
Administrative law -- Malta
Issue Date: 2010
Abstract: This thesis presents an analysis of the much awaited 'Public Administration Act' Chapter 497 of the Laws of Malta which aims to provide for the organisation and management of the Public Administration. The law seeks also to affirm the values on which the public sector is based whilst providing for their application. Chapter I entitled 'An Introduction to the Public Administrative Act' gives an introduction on the subject matter. Briefly, it portrays the various reforms which Maltese Public Administration has undergone until the enactment of the law. It also highlights the difference between the public service and public administration in light of the discussion with regards to the applicability of the Act. Chapter II entitled 'Organising the Public Administration' gives an overview of the various roles regulated in Part II 'The Public Service' of the Public Administrative Act. Then it goes on to examine Part III of the Act, in particular, the establishment of Governmental agencies and entities. Chapter III entitled 'Ethos and Values' deals with Part I of the Act, that is the foundational values and principles such as accountability and transparency on which Maltese Public Administration is based and which is now obliged to follow, in terms of the Act. It also examines the Code of Ethics to be followed by employees of public administration, which has been incorporated in the Act. In turn this Chapter also examines the disciplinary procedure in the eventuality that the provisions of Part I of the Public Administration Act are not adhered to. Chapter IV entitled 'Merit Protection Commission and Victimisation' deals with the newly established Merit Protection Commission. This Chapter examines the roles and duties, the relation of the Merit Protection Commission with the Public Service Commission and the Constitutional protection granted in terms of Article 115 of the Constitution by giving an outlook to judgements delivered by the iv European Court of Human Rights. It then turns to examine victimisation provision, Article 31 of the Act, to determine to what extent this is innovative and the protection it offers to whistleblowers. Chapter V entitled 'A Comparative Outlook' entails a comparative study of Public Service Laws in Australia, United Kingdom and in Europe. This Chapter seeks to highlight the various approaches adopted in Australian Law as these were an important source to the Maltese Public Administration Act; the United Kingdom whose practices we have inherited; and a European dimension through the various papers establishing the general principles of European public administration, issued by Sigma. Finally, the Conclusion of the thesis which wraps up the various arguments made throughout the thesis and how this law rather than altering the ethos and values of the Public Administration, protects them by making them more relevant in today's modern age.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar//handle/123456789/2988
Appears in Collections:Dissertations - FacLaw - 2010

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