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Title: | The right to a public trial under Maltese criminal law : an analysis from a comparative and human rights angle |
Authors: | Aquilina, Kevin |
Keywords: | Criminal law -- Malta Fair trial -- Malta Human rights -- Malta Malta -- Laws, statutes, etc. -- Official Secrets Act Constitutional law -- European Union countries |
Issue Date: | 2014 |
Publisher: | Brill - Nijhoff |
Citation: | Aquilina, K. (2014). The right to a public trial under Maltese criminal law : an analysis from a comparative and human rights angle. European Journal of Comparative Law and Governance, 1(2), 130-147. |
Abstract: | This paper attempts to answer whether section 24(2) of the Maltese Official Secrets Act conforms, or is in conflict, with the right to a public hearing under section 39(3) of the Constitution of Malta and Article 10(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It reviews case law of the European Court of Human Rights on the right to a public hearing and concludes that Strasbourg case law has developed to allow restrictions upon this right even if they are not written down in this Convention. On the other hand, from a comparative exercise carried out with seven similar laws to the Maltese Official Secrets Act, it transpires that the Maltese provision is unique, does not find any counterpart in these seven laws surveyed and, worse still, appears to conflict with Article 6, paragraph 1, of the European Convention. |
URI: | https://www.um.edu.mt/library/oar/handle/123456789/98120 |
Appears in Collections: | Scholarly Works - FacLawMCT |
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