Académique Documents
Professionnel Documents
Culture Documents
FACULTY OF LAWS
BACHELOR OF LAWS
PROGRAMME OF STUDY
TABLE OF CONTENTS
PAGE
Introduction 3
Constitutional Law 7
Roman Law 11
Philosophy of Law 13
Legal Anthropology 14
Criminal Law 17
Political Philosophy 20
Administrative Law 21
Public Corporations 26
Environmental Law 28
Social Law 29
Family Law 32
Law of Property 33
Commercial Law 34
Criminal Law 37
Law of Obligations 38
Sale 40
Commercial Law 41
International Law 44
European Law 46
Industrial Legislation I 47
Industrial Legislation II 48
The Board of the Faculty of Laws has in terms of Bye-Law 8 (2) of the Bye-Laws
of 2003 in terms of the General Regulations for University Undergraduates
Awards, 2003 for the degree of Bachelor of Laws – LL.B. – under the auspices
of the Faculty of Laws adopted the following programme of studies:
Students who join the LL.B. course are required to do 180 credits over 3 years
i.e. not more than a total of 60 credits each year.
Students wishing to continue their studies after obtaining the LL.B course by joining
the LL.D. course or the N.P. course are required to obtain at least a 53% average
mark in those units which are indicated as compulsory law study units. They will not
be able to graduate as an LL.B. unless they have obtained all the compulsory units
indicated hereunder as well as have obtained the required number of 180 credits.
Students are directed to read carefully the General Regulations for University
Undergraduate Awards as well as the Bye-Laws for the LL.B. degree above referred
to and to guide themselves in terms of same. Should a student be in any doubt as to
the interpretation and application of any Bye-Laws Regulation, or other provision
applicable to the course he should seek written clarification from the competent
University authorities. The Board may, in the light of such future developments as it
may consider pertinent to the course of studies of the student, change the programme
of studies or alter the content of the compulsory units. Any such change will be
notified to the students with sufficient time to allow them to satisfy any changed
requirement.
The 114 compulsory non-compensatable (nc) credits in law which student must take
are the following:
Students are also required to obtain at least 35 credits from the Humanistic
Area of their choice from a list of humanistic area approved by the Faculty. The
appropriate faculty running the humanistic area of study being followed by the
student may in its programme of studies indicate any of the units as
compulsory for completion of that area of study. The remaining credits to
make up the total 180 credits for the award of the degree may be taken by the
student as elective study units from the Law Area or the Humanistic area of
their choice, or from a combination of both areas.
The programme of studies for the compulsory study-units in the law area is therefore
as follows:
Political Philosophy
Course Description:
This study unit is to be taken as a compulsory study unit during the first and second
semester of the first year of the course. The study unit comprises the following
topics:
History of Maltese Constitutional Development Law: from the earlier part of the
History of Maltese Public Law up to the present day. The History of Constitutional
Development Law during the British colonial Period and the subsequent post-
independent phase is given particular attention. The student is expected to
familiarize himself with the process of the transition to independence and the
subsequent transition to republican status.
The detailed workings of the several organs of the State with particular reference to
their position within the Maltese and the British constitutions. The student will be
required to familiarize himself not only with the structure of constitutional organs as
existing in Malta but also from a comparative perspective. The embedding of the
State of Malta within the larger framework of the European Union.
The Human Rights Law looks at the international and local protection of fundamental
human rights as well as at the systems for the protection of these rights. The student
will be expected to familiarize himself with the case law of Strasburg and the Maltese
Courts in this area.
• O. Hood Phillips & Jackson “Constitutional and Administrative Law” 8th Edition
• John M. McEldowney “Public Law” 3rd Edition
• Hilaire Barnett “Constitutional and Administrative” 4th Edition
• Andrew Le Sueur, Javan Herberg & Rosalind English “Principles of Public
Law” 2nd Edition
• Giuseppe De Vergottini “Manuale di Scienze Giuridiche: Diritto Costituzionale
Comparato” 5th Edition CEDAM
• “Le Costituzioni dei Paesi dell’Unione Europea” 2nd Edition CEDAM
• Richard Clayton & Hugh Tomlinson “The Law of Human Rights” Volume I and
II Oxford
• Thompson Sweet & Maxwell “Public Law and Human Rights 2002/3”
• Barbara Mensah “European Human Rights Case Summaries”
• J. J. Cremona “Malta and Britain The Early Constitutions”
• J. J. Cremona “The Maltese Constitution and Constitutional History Since
1813” 2nd Edition
• Faculty of Laws, University of Malta “Mediterranean Journal of Human Rights”
• Superior Courts “The Collection of Malta Decided Cases”
Course Description:
This study unit intends to familiarize the student with the general outlines of the major
constitutional systems operative in the world. Unitary and federal structures,
democratic and dictatorial set-ups are examined. Major attention is given to
parliamentary and presidential systems. The following constitutions are looked at in
some detail: United Kingdom, France, Italy, Federal German Republic and United
States of America.
Selected Bibliography:
• O. Hood Phillips & Jackson “Constitutional and Administrative Law” 8th Edition
• Professor Salvo Ando’ “La difficile ‘supremazia’ della Costituzione maltese”
• Professor Salvo Ando’ “Mediterranean Security and Human Rights after the
cold war” CEDAM
• Professor Salvo Ando’ “Il declino della neutralita’ nell’attuale fase del
costituzionalismo europeo. Malta come metafora.” CEDAM
Course Description:
The area covered by this study unit is the development, theory and practice of Human
Rights. The main international conventions are discussed and compared, as well as
certain comparative aspects of human rights protection adopted in different states.
Also included in this study unit is the study of the manner in which international
obligations and conventions relative to human rights have been adopted in municipal
systems.
The area also covers the dispute on the theoretical basis of Human Rights during the
last centuries with particular regards to the notions of sovereignty and the crisis of
sovereignty.
Selected Bibliography:
Course Description:
History of Roman Law: We examine the various and varying factors which affected
the development of Roman Private Law during the thousand and more years which
elapsed between the Period of the Monarchy and the Period of the Corpus Juris
Civilis of Justinian. The evolution of the law is seen against the changing socio-
political and constitutional background that inevitably had to leave its mark on the law
itself. Particular attention is paid to the special position of Roman Private Law in
Malta from the time of its reception following the Roman occupation of Malta at the
commencement of the Second Punic War right down to our times. The fundamental
and paramount influence exercised by Roman private Law throughout the centuries is
considered and evaluated, particularly in relation to our present Civil Code, thus
showing the relevance of Roman Private Law even today.
Roman Law of Persons: We deal with the three determining elements of status:
freedom, citizenship and family and then go on to consider the topic of the family in
greater depth and from all aspects, including the legal position of dependent persons
and those of independent persons who, for some particular reason, are unable to look
after themselves and their own interests properly. Here the influence of Roman Law,
though still palpable, has been least pervasive, owing to the gradual evolution of new
ideas and ideals.
Roman Law of Property: We deal with ownership and its characteristics and modes of
acquisition as well as with the other real rights (iura in re aliena), both those which are
usually defined as “fractions of ownership” (praedial and personal servitudes,
emphyteusis and superficies) and those which serve as security (Fiducia, pledge and
hypothec). We also consider possession and its protection and bring out the clear
distinction that is made between possession and ownership. Here the Roman
foundations of our law are unmistakeable and the influence of Roman Law is still very
considerable.
Selected Bibliography:
Course Description:
Central Topics:
Selected Bibliography:
Course Description:
This study unit is meant to encourage reflection on the interaction between legal
rules/processes and their social and cultural contexts, by means of a critical overview
of some of the key texts in legal anthropology. Legal Anthropology provides a
stimulating basis for this endeavour as it unites diverse theoretical approaches and
case studies drawn from numerous cultures within a manageable corpus of texts.
Key themes which will form this course are:
The tension between cultural diversity and the search for a cross-culturally valid
conception of law
• the various ‘law-like’ mechanisms through which individuals and groups
attempt to produce and legitimise social order
• the ways in which legal norms and processes both express and shape power
relations, culture and social organisation
• the impact of colonialism and post-colonialism on the way such fundamental
legal concepts as custom are conveived
The unit will consist of 14 two-hour sessions. Students will be assessed by means by
means of a written test at the end of the first semester. They will also be expected to
do assigned compulsory readings and to participate actively in class discussions.
Course Programme:
Week 1
Key concepts: culture, society and law; the history & scope of social anthropology
Reading: Keesing, Roger & Andrew Strathern, 1998. Cultural Anthropology,
Harcourt Publishers, pp.288-301*
Week 2
Theoretical origins: the views of Montesquieu, Durkheim & Henry Maine
Readings: Falk-Moore, S, op. cit. pp.12-24 & 40-52*
Layton, Robert 1997. An Introduction to Theory in Anthropology, CUP, pp. 18-26.
Week 4
Law as social structure: Evans-Pritchard on the Nuer
Reading: Evans-Pritchard, E.E., 1940. The Nuer, OUP, pp.139-177*
Week 5
Legal pluralism
Reading: Falk-Moore, S, op. cit. pp.103-106 & 154-174*
Week 6
Theoretical origins: Karl Marx and his legacy
Readings: Falk-Moore, S, op. cit. pp.28-39*
M.D.A.Freeman (ed.), 1994. Lloyd’s Introduction to Jurisprudence, Sweet & Maxwell,
pp.898 – 905 & 906 – 911*
Week 7
Law as symbolic domination
Reading: Falk-Moore, S, op. cit. pp.111-123*
Week 8
The limitations of law in post-colonial India
Reading: Falk-Moore, S, op. cit. pp.124-134*
Week 9
Law as a medium of resistance
Reading: Falk-Moore, S, op. cit. pp.278-288*
Week 10
Theoretical origins: law, state & legitimacy in the work of Max Weber
Readings: Falk-Moore, S, op. cit. pp.53-64*
Turner, S, 2000. The Cambridge Companion to Weber, pp.83-98
Week 11
How courts manufacture legitimacy: the work of Max Gluckman
Readings: Falk-Moore, S, op. cit. pp.84-86*
Gluckman, Max, 1955. The Judicial Process among the Barotse of Northern
Rhodesia, Manchester University Press, pp. 113-122.*
Week 13
Cultural identity: a source of legal rights in a globalised world?
Reading: Falk-Moore, S, op. cit. pp.175-205*
Week 14
Multiculturalism: a threat to human rights?
Reading: Falk-Moore, S, op. cit. pp.306-312*
Selected Bibliography:
N.B. This study unit will not be offered during academic year 2006/7
Course Description:
The nature of a Criminal Offence: Criminal Wrong and Civil Wrong – defining a
criminal offence
The Subject of a Criminal Offence: natural persons and legal persons – individual
liability – corporate liability
General grounds of defence and exemptions from criminal liability: The topic covers
grounds of defences to criminal charges. These include coercion, civil subjection,
necessity (ius necessitatis), the notions of justification and excuse at law, distinction
between the notions of justifiable and excusable homicides or bodily harms, legitimate
defence, and finally mistakes of law and mistakes of fact.
Criminal capacity: In this part the intellectual and volitional capacities of a subject of
criminal law will be examined and in particular defences relating to a lack one of these
capacities will be studied in detail. These include the defence of infancy, deaf-
mutism, insanity and intoxication.
Criminal Attempts: The notion of a criminal attempt will be critically studied and
selected legal theories relating to criminal attempts will be examined. In particular
attention will be placed on the definition of an attempted offence, the distinction
between preparatory acts, acts of commencement of execution and ultimate
consummation of the offence, the notion of voluntary desistance and accidental non-
consummation of the offence, the punishment for an attempted offence, and also the
application of the notion of attempt to various classes of offences.
Complicity: Attention will be placed on the general rules applicable to all forms of
criminal participation. In particular the person of the principal and the figure of the
accomplice will be defined and the element of “common design” required between
principal and accomplice will be studied. This part will also cover an in depth
analyses of the acts of complicity (moral and physical participation); the relationship
between the notion of complicity and the notion of attempt; real and personal
circumstances; the instances when real circumstances are communicable to other
accomplices in an offence; the punishment of principals and accomplices and finally
the extent of individual liability of each of the parties to an offence.
Conspiracy: In this part the general rules applicable to all forms of criminal
conspiracies will be examined. This part will cover the formal and material elements
of the offence of conspiracy; the moment of completion of a criminal conspiracy; the
punishment of co-conspirators and the relationship between conspiracy and the
notions of complicity and attempts.
Concurrence of Offences: This part deals with the instances where one person is
charged or accused with more than one criminal offence. The part will cover the
manner in which the person charged or accused is to answer to each offence and the
manner in which punishment is to be meted out.
LL.B. I & II & III years 19
Punishment: In this part a brief introduction to the theories underpinning the notion of
punishment under our law will be examined. The part will also cover the nature,
purpose, quantum and classification of punishment. An analysis of the forms of
punishment will be undertaken and in particular the alternative non-custodial methods
of punishment (including the probation order and the suspended sentence) will be
examined. Finally the instance of concurrence of punishments will also be discussed.
Selected Bibliography:
Further Reading:
Course Description:
Political Theory II: This course will deal with the development of political philosophy
from its origins in ancient Greece (Plato and Aristotle) to its revival in contemporary
theories and debate.
Selected Bibliography:
Course Description:
The study unit covers the area of the General Principles of Administrative Law, The
Agencies of Government and their function and Administrative Law under a
comparative and E.U. Law perspective. The study unit looks at the nature of
Administrative Law and its relations to Constitutional Law; as well as the different
types of Administrative Law systems operative in democratic constitutions. Problems
of redress of grievances and functions of the executive from the point of view of their
control and limitations are focal points in this study unit as well as judicial review
which are gone into in depth.
The study also comprises a study of the institutions of Government, the organisation
of the civil service, public corporations and local authorities and examines the
functions, duties and legal responsibilities of these institutions in a modern democratic
society. The main topics covered include the Constitutional foundations of the
administration of the State, the purpose of administrative action, public duties, the
workings of the Executive, access to public employment, conditions of service and
discipline of public officers, the Public Service Commission, access to information
held by public authorities, the freedom of expression of public officers, conflict of
interest in the public service, public finance, Local Councils, public corporations and
government owned companies, the Ombudsman, and the accountability of the public
sector.
Administrative Law is also looked at from a comparative perspective and the student
will be asked to familiarise himself with other Administrative Law systems operative in
democratic Constitution especially within the E.U. framework. The impact of E.U. law
on administrative Law is also dealt.
Course Description:
The credit looks at the nature of Administrative Law and its relations to Constitutional
Law; as well as the different types of Administrative Law systems operative in
democratic constitutions. The credit concentrates principally on the problem of
redress of grievances, and looks at the functions of the executive from the point of
view of their control and limitations. Judicial review is gone into in depth.
Selected Bibliography:
Course Description:
This unit is intended to familiarise the student with Maltese Development Planning
Law. It first outlines the historical evolution of planning legislation in Malta, discusses
the organs established by the Development Planning Act. 1992, analysis the planning
legislation currently obtaining in Malta, deals with development planning and
development control, including the enforcement of such control, studies development
offences and penalties as well as the relationship of the Planning Authority with other
organs.
Selected Bibliography:
Textbook:
Reading Materials:
• Planning Authority Web Page (www.pa-malta.org) for all the decisions of the
Planning Appeals Board.
• Ministry of Justice Web Page (www.justice.gov.mt) for all legislation relating to
Development Planning Legislation and for all the recent case law of the
Maltese Courts.
Course Description:
This unit is intended to familiarise the student with Maltese public corporations. First a
public corporation is defined and distinguished from other entities. The various types
of public corporations are discussed as well as their general features. Controls over
public corporations are analysed and so is the pertinent legislation establishing public
corporations. Finally, certain peculiar aspects of public corporations such as the
institution of criminal proceedings against the said corporations are discussed.
Selected Bibliography:
Textbooks:
Reading Materials:
• Bellizzi “The Malta Gas Board as a Public Corporation” DPA thesis, University
of Malta, 1966.
• J.A. Camilleri “The Royal University of Malta as a Public Corporation” DPA
thesis, University of Malta, 1966.
• J.A. Camilleri “Public Corporations in a Mixed Economy” Pacific Western
University, Ph.D. thesis, 1985.
• D.N. Chester “Organization of Nationalised Industries, The Political Quarterly”
April-June 1950, No. 2
• S. De Smith & R. Brazier “Constitutional and Administrative Law” London,
Penguin Books, 1994 (7th edition).
• Griffith & Street “Principles of Administrative Law” London, Isaac Pitman &
Sons Ltd., 1957 (2nd edition)
Course Description:
Introduction:
The legal meaning of the term environment
Evolution of the law throughout the ages
General Principles:
The use of natural resources as a common good
The preventive approach and the precautionary principle
The polluter pays principle
The concept of sustainable development
Access to environment information and to justice in environmental matters
Selected Bibliography:
N.A.
Course Description:
This study unit is meant to introduce students to the laws regulating the many areas
in the social policy field. Particular attention is devoted to laws regulating issues of
social security, social work, equal opportunities, disability, health and safety at work
and drug trafficking. In the course of the credit students explore the principles
animating the various laws in these fields and the relative linkages with European
Union Directives and International Conventions.
Selected Bibliography:
N.A.
Course Description:
The purpose of this unit is to study the Press Law against the background of the right
to freedom of expression enshrined in the Constitution of Malta and the applicability to
Malta of art 10 of the European Convention on Human Rights. The Press Act itself is
dealt with in detail and the enhancement of journalistic freedom brought about by the
amendments introduced by Act X of 1992 is highlighted. It is also examined how
judgements of the European Court are reflected in the more liberal approach
characterising recent Maltese Case Law. Apart from the Press Act, other legal
provisions concerning the press and parliamentary and Court reporting are also
examined.
Erasmus/Socrates students can profitably opt for this unit in view of the emphasis laid
on the European Convention on Human Rights and the Strasbourg Case law.
Selected Bibliography:
Course Description:
Selected Bibliography:
Course Description:
This study-unit is taught during the first-semester of the second year of the LL.B.
degree. It aims to provide students with a basic understanding of the institutes
relating to Family Law embodied in the Civil Code under the title “Of Persons” and to
cover the main provisions of the Promises of Marriage Law and the Marriage Act as
subsequently amended. We will first deal with a close reading of the sections of the
Civil Code relating to Rights and Duties Arising from Marriage and Parental Authority.
We will also examine the sections of the Civil Code relating to Adoption, Filiations,
Minority and Tutorship, Interdiction and Incapacitation and will make a brief reference
to Absentees and acts of Civil Status within the context of Family Law. We will then
focus on the provisions regulations Betrothal, the Celebration of Marriage, Formalities
of Marriage, the legal bases for a Declaration of Nullity of a Marriage, and the
Recognition of Marriages celebrated in accordance with a religious rite. The relevant
Private international Law sections will also be treated in some detail. Finally, students
will be given a basic grounding in the institute of Separation under the Civil code and
introduced to the methods of case study, comparative research and some procedure.
The emphasis will lie on the study of current legal provision, although an analysis of
the amendments to the previous sections will also be conducted. Students will be
expected to carry out research into decisions delivered by local courts with direct
reference to the topics being covered in each lecture. Comparison with Continental,
European and Anglo-American jurisprudence will be encourages, but will not be
considered a sine qua non. Contemporary articles in legal journals will also be
referred to throughout the course.
Selected Bibliography:
N.A.
Course Description:
This study-unit is taught during the second semester of the LL.B. degree. It examines
the concept of patrimony in Civil Law. After making the traditional distinction between
iura in re and iura in personam, a more specific analysis is made of the concept of
real rights. The right of ownership, the principal real right of enjoyment, and related
actions are examined in some detail. We also deal with the concept of possession in
Civil Law both from the point to view of a de facto exercise of real rights and as an
element for acquisitive prescription. The juridical remedies for the protection of
possession are examined in some detail. We then focus on the mode of acquisition
of real rights by lapse of time (acquisitive prescription) and the mode of extinction of
rights and actions by lapse of time (extinctive prescription). Although the two
institutes are conceptually distinct, they are dealt with under the same title in the Civil
Code, and the unit follows the traditional treatment of the subject. Finally the unit
focuses on four important areas of Property law, corresponding to: (a) the Law of
Expropriation, (b) that concerning Usufruct, Use and Habitation, (c) the Law of
Servitudes and (d) the institute of Emphyteusis. Students will be expected to
demonstrate a thorough knowledge of Maltese Law insofar as the subjects covered
are concerned. This also necessitates an awareness of the opinions of leading
Continental jurists.
Selected Bibliography:
N.A.
Course Description:
• To enable students to understand the area covered by commercial law and the
distinction and inter-relationship between commercial law and civil law in the
Maltese juridical system;
• To enable students to understand the juridical concepts of “act of trade” and
“trader” which are used by the law to determine the boundary line between the
areas governed by commercial law and the areas covered by civil law;
• To enable students to discuss whether or not it is necessary and/or desirable
to have a legal distinction between acts of trade and acts of a civil nature.
• To enable students to understand the legal provisions relating to capacity to
trade
Course Description:
• What is Commercial Law? - the place of commercial law in the private law
sphere;
• The sources of commercial law in their order of priority, namely written
commercial law, usages of trade and civil law;
• The notion “act of trade”, its distinction from an act of a civil nature and its
relevance in the private law sphere;
• The classification of acts of trade;
• A detailed analysis of what constitutes an objective act of trade and a
subjective act of trade; accessory acts of trade; mixed acts of trade.
• The definition of a trader and the legal requirements for becoming a trader;
• The distinction between incompatibility and incapacity to trade;
• Emancipation of minors to trade, procedure for emancipation, termination of
emancipation.
Course Description:
N.B. The unit is based on the legal provisions contained in Title II of Part 1 of the
Maltese Commercial Code, namely articles 13 to 37
Commercial Intermediaries
Course Description:
N.B. The unit is largely based on the legal provisions contained in Title IV of Part 1
of the Maltese Commercial Code namely articles 49 to 109.
Course Description:
N.B. The unit is largely based on the provisions contained in Parts II, III, IV
(articles 4 to 66) and X (articles 376 to 383) of the Companies Act except with
respect to the business concern which is based on Maltese case-law regarding
the notion.
Course Description:
In the first semester the main offences against the safety of the Government and
against Public Peace, Public Trust, the Administration of Justice and against Property
are analysed in a systematic way which can be adapted for the analysis of any other
offence. The general notions underlying each class of offences are examined in some
detail and the elements of each offence are identified and explained. The offences
discussed in this part vary from offences against the President, insurrection, and
conspiracy against the State to various forms of unlawful assembly the distinctive
features of each are highlighted; offences of documentary falsity which are examined
against a background of general concepts such as the notion of document, the
concept of falsity and its general elements, and the particular interest which the law
seeks to protect; offences of perjury and false witness and offences akin to them;
offences of theft and fraud the elements of which are compared and contrasted to
bring out the difference between them.
In the second semester offences classified under the Criminal Code as offence
against the person and offences against morals and the good order of families are
studied. Here the offences of wilful and involuntary homicide and the various bodily
harms are analyzed in detail with particular focus being laid on the nature of the
nature of the intentional element with respect to each. The distinction between
justifiable and excusable homicide/bodily harm is drawn and its effects explained.
Finally, the more important sexual offences will be analysed from a robust
comparative law perspective. In this context the offences of rape, abduction,
defilement of minors, violent indecent assault and other offences including an
overview of offences involving prostitution will be examined. Current developments
and the evolution of case law with respect to the various offences will be explained.
Selected Bibliography:
Course Description:
This study-unit is taught during the first and second semester of the final year of the
LL.B. degree. It will address the Civil Code provisions relating to Obligations. The
law of Obligations is a fundamental part of our legal system and students will be
expected to know the Maltese law in great depth. The course will concentrate on
Obligations in general, Pre-contractual liability, Contract, Quasi-contract, Tort and
Quasi-tort, the Modalities of Obligations, the Effects of Obligations, the Modes of
Extinction of Obligations and the Proof of Obligations. Particular attention will be
given to Tort law, as also to Payment, Novation Set-off and Rescission. Students will
be expected to adopt a comparative approach and to demonstrate a thorough
knowledge of the decisions on the Maltese courts.
Tutorials/Seminars:
A series of tutorials and seminar sessions will be held throughout, with the aim of
guiding students in their Civil law research, training them to apply the law to practical
situations and preparing them for the exam. All students are expected to attend these
tutorials and seminar sessions.
Selected Bibliography:
J.M.G. Ganado Third Year Lecture Notes in Civil Law (Malta University Press)
G. Giorgi “Teoria delle Obbligazioni nel Diritto Moderno Italiano”
B. Nicholas “French Law of Contract”
Mazeaud, Henri et Léon, et André Tunc. Traité théorique et pratique de la
responsabilité civile délictuelle et contractuelle
K. Zweigert & H. Kötz “An Introduction to Comparative Law”
Course Description:
This study-unit is taught throughout the first semester of the final year of the LL.B.
degree. The Law of letting and hiring is, to a significant extent, characterised by the
special laws regulating leases of immoveable property in the interest of sitting tenant.
This unit examines the basic contract of letting and hiring as regulated by the Civil
Code and treats the special Rent Laws in some detail, also in the light of proposed
amendments.
Selected Bibliography:
N.A.
Course Description:
This study-unit is taught throughout the second semester of the final year of the LL.B.
degree. It comprises of an in-depth study of the nature of Preliminary Agreements,
the legal role of the Broker, the Warranties of the Seller, the Obligations of the Buyer
and the Assignment of Debts and other Rights. Students will be expected to consult
the most recent Maltese case law on the subject.
Selected Bibliography:
N.A.
Course Description:
Course Description:
Competition Law
Course Description:
N.B. The unit is based on the Maltese Competition Act but frequent reference is
made to EC Competition Law in view of the fact that it is the acknowledged source
of the Maltese Act and the Act itself directs the Maltese Competition Authorities to
take into account EC law in interpreting the Maltese legal provisions.
Course Description:
N.B. The unit is largely based on the provisions contained in Title I of Part V of the
Companies Act namely articles 67 to 213
Course Description:
This unit is designed to introduce the student to the main principles of international
law; special emphasis is made on the Maltese perspective. It covers the basic
general principles of the subject such as: the nature, workings and sources of
international law, treaty law, and the relationship between international law and
municipal law. It also deals with the legal personality of the subjects of international
law (States, organizations, individuals and controversial candidates), principles of
jurisdiction, State responsibility, and the recognition of States and Governments.
As part of this unit the Department organizes, in cooperation with the European Law
Students’ Association, an international seminar on a major contemporary issue of
international law.
This unit is designed to train students to apply the basic principles examined during
the first semester to specialized branches of international law. The following are
examples of branches examined in this unit: the law of diplomatic privileges and
immunities, the peaceful settlement of international disputes, the law of human rights,
the law of environmental protection with special emphasis on the protection of
extraterritorial areas, and the law of the sea, with special emphasis placed on the
situation pertaining to Malta.
Selected Bibliography:
Periodicals
Selected Websites
Course Description:
The course covers the main heads of the European Union’s Legal Order. It starts with
a chronological history of the development of the legal order via the conclusion of the
first Treaties and the various amending treaties up to the current time. From the start
the contribution of the European Court of Justice to this development is highlighted.
Then follows an overview of the institutions of the EC and the Union, their
composition (briefly) and their powers, including the concept of institutional balance.
The next topic is Decision-making in the Union, with emphasis on the Community
method. This is followed by the Principle of Supremacy of Community/Union Law and
the relationship of Union Law and National law, as well as the relationship between
the European Court of Justice and national courts. Then we examine the so-called
General Principles of Community Law, through the case-law of the European Court of
Justice. This is followed by a study of the Principles of Direct Applicability, Direct
Effect and of State Liability, and remedies in national courts. This usually takes us to
the end of the first semester. The second semester is devoted to the Jurisdiction of
the European court of Justice, covering the Preliminary Rulings Procedure,
Enforcement Actions, and the Direct Action for Annulment. We normally to add to this
an introduction to the substantive law of the EC in the shape of the Free Movement of
Goods provisions of the Treaty as interpreted and applied by the European Court of
Justice. Students will have the opportunity on the LL.D degree to select options in
substantive (i.e.policy areas) Community /Union law.
The objective is to cover the main elements of the so-called Community Legal Order,
which has an inherent dynamic to become over time the essential legal order of the
Union as a whole and much of which applies across the sphere of competences of
the Union. The student will develop an understanding the legal perspective of the
evolution and the workings of the Union, with emphasis on the relationship between
Community/Union Law and National Law and the approach and methodology of the
European Court of Justice in interpreting, developing and applying Union Law.
N.B. Textbooks are as advised on the Booklist distributed at the start of the academic
year. Materials will be supplied at every stage of the course to supplement the
textbooks.
LL.B. I & II & III years 48
AREA OF STUDY – PUBLIC LAW
Course Description:
This unit provides an examination of the law relating to the conditions of employment
in the private sector.
Selected Bibliography:
• Amoroso, V. Di Cerbo, A. Maresca “Il Diritto di Lavoro (Vol II)” Giuffre’, 2001
• S. D. Anderman “The Law of Unfair Dismissal” Butterworths, 1978
• D. W. Crump “Dix on Contracts of Employment” Butterworths 5th Edition 1976
• G. Ferraro “I Contratti di Lavoro” Cedam 2nd Edition, 1998
• R. Rideout “Principles of Labour Law” Sweet & Maxwell 5th Edition, 1989
• N. M. Selwyn “Selwyn’s Law of Employment” Butterworths 10th Edition, 1998
Course Description:
This unit aims at providing an understanding of the law relating to industrial relations
relating to both the private sector employment as well as the public service.
N.B. It is highly recommended to take also the study unit PBL3001 – Industrial
Legislation I in the 1st semester
Selected Bibliography:
Course Description:
General Introduction
Principles of Taxation will introduce to the students to the main Maltese taxation
legislative instruments. The emphasis will be on Income Tax but the course will
incorporate a general introduction to Value Added Tax and Duty on Documents on
Transfers. Taxation will not be discussed in isolation but will be studied as part of the
general body of Maltese law. Accordingly, Principles of Taxation will not only discuss
the concept of chargeable income, jurisdiction to tax, the determination of the tax
charge but will also explore the inter-relationship between taxation and other laws.
Given the importance of the financial services industry the subject will also discuss in
some length the subject of international taxation.
N.B. Students are to pass from both written and the oral examinations without being
compensated.
Introduction to Taxation
• Types of Taxes
• General Introduction to Taxation Instruments
• Taxation as an interference to Fundamental Human Rights
Sources:
Legislative Instruments
Cap. 123 of the Laws of Malta
Cap. 372 of the Laws of Malta
Cap. 406 of the Laws of Malta
Cap. 364 of the Laws of Malta
Internet Sites
www.ird.gov.mt
www.vat.gov.mt
http://www.mfsa.com.mt/mfsa/default.asp
http://www.taxbar.com/articles.html
Selected Bibliography:
Course Description:
• The nature, purpose, general duties and principles of civil liability with
particular reference to strict liability as distinct from fault based liability
in employer-employee relations
English Law
Regulations [as amended] enacted under Chap.107 saved by Chap.367 and still in
force by virtue of Chap.424 :-
Steam and Hot Water Boilers Regulations 1976 Legal Notice 34 of 1976
Factories (Health, Safety and Welfare) Regulations 1986 Legal Notice 52 of 1986
Regulations [as amended] enacted under Chapter 367, saved by Act XXVII of 2000
and still in force :-
Minimum Health and Safety Requirements for Work with Display Screen
Equipment
Regulations 2002 Legal Notice 43 of 2002
Work Place (Minimum Health and Safety Requirements) Regulations 2002 Legal
Notice 44 of 2002
Work Place (Provision of Health and, or Safety Signs) Regulations 2002 Legal
Notice 45 of 2002
Protection Against Risks of Back Injury at Work Places Regulations 2003 Legal
Notice 35 of 2003
General Provisions for Health and Safety at Work Places Regulations 2003
Legal Notice 36 of 2003
Control of Major Accident Hazard Regulations 2003 Legal Notice 37 of 2003 [as
amended]
Protection of the Health and Safety of Workers from the Risks related to Chemical
Agents at Work Regulations 2003 Legal Notice 227 of 2003
Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having
Explosive Atmospheres) Regulations 2004 Legal Notice 41 of 2004
Work Place (Minimum Health and Safety Requirements for the Protection of
Workers from Risks arising from exposure to Noise) Regulations 2004 Legal Notice
185 of 2004
Work Place (Minimum Health and Safety Regulations for Work at Construction Sites)
Regulations 2004 Legal Notice 281 of 2004
Selected Bibliography:
WEBSITES
www.justice.gov.mt
www.doi.gov.mt
www.osha.org.mt
BIBLIOGRAPHY
Employer’s Liability towards his Employees and Third Parties – George Hyzler
Doctorate of Laws Thesis - University of Malta – 1979
The Law Relating to Health and Safety at Work – Joseph Zammit McKeon Doctorate
of Laws Thesis - University of Malta – 1981
Faculty of Laws
This year’s course aims to provide a complete vision of the policy of the European
Union in the context of the dialogue to support Mediterranean integration and Eastern
enlargement. To better focus on these themes, the course is divided into two parts
with a total of five modules.
The first part, consisting of three modules, examines the policy, the institutions and
history of European integration.
There is a need to move towards a wider and deeper integration since this process
permits the European Union to balance the power between small and large States
and reinforces the affirmation of Community Law, through a constant and slow
evolution of the institutional dialectic. The role of the European Commission has
been fundamental for the success and prominence of the European Union.
Community Law is pre-eminent with respect to the internal law of each member State,
and it has a direct impact on the political decisions of all the countries which have
joined the European Union.
The third module gives a historical overview of EEC from the Messina Conference to
the fall of the Berlin wall. It examines the role of the Summits of Heads of State or
government, so that one can better understand the success of this uniquely peaceful
integration of States. The subsequent adhesions to the EEC/EU and the role of
Germany in this process, the decisions made after the fall of the Berlin wall are all
addressed so as to explain more clearly the success of peace in the EU. If European
citizens want to maintain peace they have to answer positively to the increasing
numbers of requests for membership.
The first part of the course will conclude with a seminar about the role of the EU in the
international, historical and institutional context. The students will have a clear idea
what the E.U. is to day, what its political and institutional limit is and what the
historical path has been to build and to keep peace in Europe, after the second world
war, the fall of the Berlin wall and 11 September 2001.
The second part has two modules (fourth and fifth) and explains the Single Market
and the role of the Milan Summit, with a logical programme of financial intervention to
facilitate integration, such as the structural funds and the cohesion fund.
Last but not least the fifth module looks at European Integration in the context of a
dialogue between countries to the South of the Mediterranean and Central East
countries and considers internal and external challenges related to this dialogue.
The fourth module in particular addresses the European Council of Milan a summit
which was a great turning point. The European Community with the summit of Milan
established a logical schedule of objectives according to fixed dates, - for example,
1992.
At this Summit the first reform of the Rome Treaty was agreed, there was also a
debate on the Adornino report named ‘Europe of citizens’ and a debate about the
White Book on the completion of the Single Market. But the birth of a Single Market
also means a Single Currency, as well as the reform of every single Structural Fund.
These European financial instruments help to integrate the marginal areas of the E.U.
The usefulness of these Structural Funds is that they permit the participation of local
authorities and civil society in setting up community programmes which integrate
different areas of the EU.
In this context (internal integration and new border States), the Single market, the
Euro, and the relationships with the New Neighbours are fundamental instruments for
encouraging development. However there is a need for political decisions at
European level for friendly and constructive dialogue with new border States and also
so that it is possible to manage European policy with Russia. The Euro is now the
most important currency in international trade and financial markets after the dollar
and if it is supported politically it can play a greater role in commercial relationship
with Asia. All this means a political role for the EU and the political capacity to arrange
financial instruments to help new European poor countries. This EU with its budget
2007-2013 requires a new budget for a new enlargement: an egoistic vision does not
help the adhesion of Turkey.
This integration process and dialogue occur within the context of the Barcellona
process and African development, the cohesion instruments and Meda instruments.
The method used and the aims in the management of the financial instruments have
always been the same. The role of new technologies in Information Society, the
knowledge of the Erasmus network and the Lisbon process in this South/East
dialogue help to understand this Europe which since 1 May 2004 has consisted of 25
member states, and which has to integrate other countries and to complete this long
process together with Turkey.
This Europe will continue to enlarge in order to maintain peace; however in order to
maintain peace with other European people, the EU must have a European
Constitution. The Course will conclude with a seminar bringing students up to date
with the new internal and external challenges of European integration.