/library/oar/handle/123456789/39707 2025-12-26T11:10:08Z 2025-12-26T11:10:08Z /library/oar/handle/123456789/39762 2020-05-15T12:46:14Z 2018-01-01T00:00:00Z

Title: Revisiting the legal age of majority in Maltese Criminal Law Abstract: An increase in offences committed by minors aged between 14-18 years and the number of times that a minor commits another offence has led to question whether the law should revisit the legal age of majority in Maltese Criminal Law. Article 37 of the Criminal Code regulates minors that commit a criminal offence. Although minors are still subject to the law, article 37(2) establishes that since the offenders are still minors and lack a certain level of maturity, any sentence delivered is to be decreased by 1-2 degrees. This term paper will evaluate if the 1-2 degrees and the established age of criminal responsibility are still applicable in today’s society. This study made reference to books, articles, thesis, Maltese legislations and case law so as to better understand if a reform is required in article 37 of the Criminal Code. Replacing the age threshold established in the Criminal Code will be discussed throughout this study. As of 1973, minors aged 16 years have been emancipated to engage into trade. This was followed by the right to marry in 1995, the right to draw up a will in 2004 and so on. However, when it comes to the same age group of minors, article 37 of the Criminal Code first implemented in the 1900’s and last amended in 2014 still regards 16-18 year olds as minors. Therefore, there is a clear miscommunication when it comes to criminal responsibility in comparison to civil responsibility. Chapter one will provide a general introduction and will discuss the concept of age, understanding and the level of maturity in minors. Chapter two will make reference the English, Italian and French Criminal Codes which in particular are the main influences on the Maltese Criminal Code and the approach adopted by them in establishing the age of criminal responsibility. This will be followed by a history of the changes that have occurred with regards to age of criminal responsibility and the functions of the Juvenile Court in Malta. Analysis of article 37 of the Criminal Code will be carried out in depth making reference to judgments falling under the article in question. Chapter three will deal with the civil legislations that make particular reference to minors namely the Marriage Act, Commercial Code and the Civil Code. This chapter is aimed to illustrate that the term minor is drastically different between the Criminal legislation and the Civil legislations when it comes to establish responsibility. Chapter four includes opinions of professional individuals who have hands on experience in the field of minors. Their knowledge on the subject aims to establish if in practice article 37 is effective. This study concluded that, article 37 of the Criminal Code should consider lowering the age of criminal responsibility whilst retaining the 1-2 degrees decrease together with proof of mischievous discretion; or, alternatively maintain the age of criminal responsibility at the age of 16 however removing the 1-2 degrees and the proof of mischievous discretion so as to bring the Criminal Code in line with all the other Maltese legislations. Description: M.NOT.PREP.

2018-01-01T00:00:00Z /library/oar/handle/123456789/39609 2020-05-17T05:07:56Z 2018-01-01T00:00:00Z

Title: Comparing the effectiveness of remedies available to Maltese trade union members to those of shareholders under Maltese company law Abstract: Maltese Trade Unions have a sui generis legal nature which imbues them with unique characteristics, features and attributes. The external dealings of Trade Unions with third parties are both legally regulated and squarely within reach of the judiciary, but what about their inner dealings? National jurisprudence seems to suggest that most of the latter are to be self-regulated by the trade union internal mechanisms. This situation is quite debatable and begs the question as to whether it is indeed an effective alternative to a form of fullyfledged special administrative regulatory body as is the case in other foreign jurisdictions such as the UK, the US and Canada. In furtherance of this objective can parallels be drawn in the field of trade-unionism with the legal and juridical evolution in company law with regards to minority rights of equity owners, and can any of the lessons learned in the long and rich history of Maltese corporate law be applied to buttress the institution of trade unions? Albeit there may be some fundamental differences between these two institutions, a lot in common still exists to the extent that it may well be opportune to add further to the already existing shared principles and practices used by one institution to the other. Whilst there are a multitude of other institutions which like companies and trade unions are regulated by special laws and which may also be of a national interest, none of them can have a socio-economic impact of the same magnitude as these two institutions. Both institutions are organised in a democratic manner in the sense that they both adopt processes which allow their members to vote for the administrators or directors of their choice according to the fundamental notion of majority rules. However, notwithstanding this rule, it is also imperative to evaluate what happens when the minority suffers abuses of power. A critical comparative analysis with some foreign jurisdictions will also be undertaken in order to be in a position to first identify any potential shortcomings in the Maltese Industrial Relations system and finally offer practical recommendations as to how such shortcomings can be addressed. A qualitative form of research will be adopted to tackle this paper. Description: M.ADV.PREP.

2018-01-01T00:00:00Z /library/oar/handle/123456789/39608 2020-05-17T05:08:04Z 2018-01-01T00:00:00Z

Title: A study on alternative solutions to gender quotas aiming to increase female participation in politics Abstract: For centuries, women had no rights and were perceived as being inferior to men. A woman's place was in the kitchen or taking care of the children, but definitely nowhere near a political scenario. Politics was considered a man’s world, and women were thought to be ‘not intelligent enough to vote’. Over the past century, women have fought to obtain more rights in the political scenario yet are still a far cry from being equal to men. Women’s leadership and participation in politics is still rather restricted, throughout the world, yet even more so locally. Although women show interest in politics, a reluctance in participation is still very much present. For this reason, Malta is looking to invest more capital into motivating women to join the local political scene. This study research alternative solutions to gender quotas, intended to close the political gender gap, as gender quotas should not be considered as a permanent solution. This paper will comparatively analyse and assess the participation of women in politics by carrying out a quantitative analysis based on statistical research and qualitative analysis in describing why more women should be encouraged to enter the political scenario and recommend effective solutions. Gender quotas are at times perceived as ‘positive discrimination’, since they give an advantage to women to be elected to parliament, by stating that a certain percentage of parliamentary seats need to be taken up by women. This paper aims to not only find the alternative solutions, but also examine the effective implementation of such solutions in Malta. The question that this paper will be seeking to answer is whether there are any other effective solutions other than gender quotas and whether these are sustainable solutions. Through these solutions’ implementation, more women would have the opportunity to be part of Malta’s political scenario. The author’s aim is to propose concrete legal solutions to close the political gender gap and obtain full equality between men and women in the political field. Description: M.ADV.PREP.

2018-01-01T00:00:00Z /library/oar/handle/123456789/39591 2020-05-17T05:07:56Z 2018-01-01T00:00:00Z

Title: Prostitution : should it be decriminalised? Abstract: Prostitution is the world’s oldest profession. In the Maltese jurisdiction, prostitution per se is not a criminal offence although there are some related activities which are illegal. Some countries have regularised prostitution and recognised it as labour, others still embrace the abolitionist model, including Malta. The three approaches to prostitution have been analysed and the legal frameworks of selected European Member States implementing these policies were thoroughly examined to complete this study. Our Islands have recently witnessed a major trend towards a more open society: Reforming drug laws, the introduction of marriage equality for same sex marriage and the further protection of gay rights. However, prostitution and sex work remain an exception and a controversy. Parliament has not yet started debating this issue, despite the fact that sex work was mentioned in the Labour Party Electoral Manifesto 2017 and the Prime Minister’s declaration to tackle and reform prostitution laws. Tackling this issue in 2017 legislature will undoubtedly be a controversial issue. This study will address prostitution as a free choice, its need to be regulated as an economic activity or otherwise, possible industrial law protection should the former be implemented and the inevitable commitment to strengthen laws to combat trafficking of persons. This term paper includes a historical overview of prostitution in Malta throughout the years and its legislative development. It examines the relevant legal provisions on prostitution of the Criminal Code, the Civil Code, the White Slave Traffic (Suppression) Ordinance and the Ta’ Xbiex Local Council Bye-Law. It also makes reference to jurisprudence, interpreting prostitution law and interestingly analysing the two judgements of the European Court of Justice, which recognise prostitution as an economic activity. Description: M.ADV.PREP.

2018-01-01T00:00:00Z