The Royal University of Malta as a public corporation

Abstract

In its present form the University is a public body created by statute to administer a branch of public affairs on behalf of the State. Constitutionally it is best described as a 'public corporation' of the social type engaged in cultural activities. As such it is both the first and most interesting experiment in devolution in the functional organisation of the State in Malta. In fact, as a public corporation it has very nearly come of age. Since the University is not a government department and because of the particular nature of the constituent Ordinance it has a considerable degree of independence from Ministerial and therefore Parliamentary control. Its day-to-day administration is independent of the Government and therefore not subject to questions and debate in Parliament. The main reason for giving this special status to the University is to provide the essential service of Higher Education by the State, while keeping the actual administration outside the civil service, free from political influence and above party politics and free from detailed parliamentary scrutiny of its day-to-day management. In this way and this way alone can the pursuit of knowledge and its dissemination be carried out in an unbiased and impartial manner which is of fundamental importance if it is to have any real meaning and permanent value. The purpose of the University is clear and specific "to provide for instruction, research and dissemination of knowledge in such branches of learning as it may determine.” It is important to distinguish the two distinct, though interrelated, functions involved that is teaching and research. Research work is a vital part of university life and is carried out both by the teaching staff and by students reading for higher degrees. This main purpose of the University is also set down in its Statute, "The Royal University of Malta is the public Institution at which higher instruction is imparted in accordance with its Statute. It is the sole institution empowered to matriculate students, to confer degrees, to grant diplomas and certificates of University studies, and to conduct and direct the examinations laid down for that object.” The Statute further lays down that such instruction must be in keeping with Catholic teachings, although non-Catholic students are freely admitted to all the courses, except for Theology, without any restrictions whatsoever. It may also be noticed that while the Ordinance does not specifically give the University a monopoly for university studies the Statute apparently does so. The legality of these two provisions of the Statute may therefore be suspect as the parent Ordinance does not lay down such restrictions. As with other social corporations the University has a public service motive and not a profit-making incentive. It is not self-financing but dependent on Government grants for the greater part of its annual expenditure. To achieve its aims and carry out its heavy responsibilities the University is vested with the appropriate authority which gives it such powers and privileges as it requires for the purpose, which may be summarised under four heads. […]