Malta's compliance with the EU's legislation against discrimination in employment

Abstract

This dissertation includes a broad understanding of different scenarios where discrimination in employment on the grounds of race and ethnicity may occur. The evaluation of the European Union's legislation which refers to anti-discrimination in employment on racial or ethnic grounds is incorporated within this dissertation. Amongst, the main legislations of the European Union that are examined are the Treaties of the European Union starting from the Treaty of Amsterdam until the Treaty of Lisbon together with an extensive list of other Directives and Decisions issued by the European Union. Furthermore, a critical analysis is held on Malta's laws and regulations which safeguard individuals with racial or ethnic backgrounds in the workforce. Anti-discrimination in employment on racial and ethnic grounds is included in a variety of Maltese legislation which are also examined. The laws of the European Union are then compared with the Maltese legislation in order to establish the gaps within the legal orders of both the EU and Malta. This dissertation incorporates an analysis of international agreements that the European Union as a whole is a signatory to and how Malta ratified the principles within these agreements. In addition, the enforcement of the EU legislations and Malta's legal order are evaluated together with the application of the international agreements. Nevertheless, a brief assessment of the action programmes that the European Union established to contribute to reach the standards held within EU legislations are also included. Through this dissertation it has been concluded that Malta has ratified the majority of the legislations introduced by the European Union but, it lacks in the enforcement of the laws which where transposed. Furthermore, both the European Union and Malta have not yet fully developed legislations regarding multiple discrimination and other minor provisions.