Legislation relevant to the University of Malta : 1839 to date

Abstract

The thesis is aimed at examining legislation relevant to the University of Malta from 1839 to date. When it comes to the provision of higher education, the University of Malta is the only Alma Mater in the country. Tracing its roots to the foundation of the Collegium Melitense, the University underwent changing fortunes under the Order of St. John until 1798 when it was closed by Napoleon. The thesis focuses on a subject matter which has not been tackled from a legal perspective. In fact the aim of the thesis is to carry out a structured examination of the legislation relevant to the institution from 1839, including an analysis of secondary and primary legislation enacted mainly during the Colonial period, post-independence and after Malta had joined the European Union in 2004. In the introductory part, the thesis examines briefly the development of the University of Malta's origins which trace back to the establishment of the Collegium Melitense. In the first chapter, the thesis adopts a diachronic approach in relation to the study of the present legal framework relating to the University of Malta. The analysis is carried out by exploring the relevant primary legislation which was enacted over time as well as secondary legislation, such as University Statutes and other legal instruments promulgated by the University authorities. The legislation under study incorporates provisions indicating the role players involved to manage the institution. The legislation which affected the establishment, role and power of the various University authorities which are still present within the University structure, are explored in the first chapter. Chapters 2 and 3 explore the intricacies involved regarding autonomy of the University. The last chapter then proceeds by examining how European legislation on higher education influenced local legislation. In fact, the last chapter delineates legislation which amended the already existing legal framework. Upon concluding, the thesis looks at the present legal framework and proposed amendments.