/library/oar/handle/123456789/4257 2025-12-25T10:48:12Z 2025-12-25T10:48:12Z /library/oar/handle/123456789/130033 2024-12-19T09:32:07Z 2011-01-01T00:00:00Z

Title: The interrogation of suspects : a comparative study Abstract: The present work is a comparative study of one particular field of law, namely the interrogation by police officers in the investigation of crime. The investigation process has to be one of the most delicate stages throughout the whole system but it is also one of the most important as it plays a major role in the outcome of the trial. This is because the way and manner in which an investigation is conducted can make or break the prosecution's case. Use of the proper investigation techniques will aid the prosecutor to prove his case beyond reasonable doubt, however in formulating effective investigative machinery we must never forget the rights pertaining to every single individual. Since the complexity of crime is undoubtedly a common problem in every state, this study seeks to contribute towards an understanding of the legal procedure of interrogation in three distinct countries and to highlight the similarities and differences that may exist in respective systems of law. This study will explore the developments in the law of interrogation and furthermore we will be comparing the Maltese system to that of the United States and Great Britain. This study will aim at comparing the three systems side by side and analysing different factors which contribute to the success or otherwise of the police interrogation. Other sensitive issues such as the use of polygraphs, video and audio recordings, torture, and abuse will also be explained and compared for their effectiveness in obtaining genuine convictions. Description: LL.D.

2011-01-01T00:00:00Z /library/oar/handle/123456789/130032 2024-12-19T09:23:00Z 2011-01-01T00:00:00Z

Title: The interplay between article 101(1) and article 101 (3) TFEU Abstract: The main function of competition law is that of maximising competition welfare however the main goals of Article 101 TFEU can still be said to be unclear. There arise certain boundaries with regards to Article 101 TFEU both in its application and interpretation. The Commission's application of the competition rules was highly criticized in the past due to the broad interpretation of what restricts or distorts competition. The Commission tried to redress the drawbacks which Article 101 (1) created as it became aware of the difficulties which such broad interpretation was causing. This thesis provides an overview of the early applications of Article 101 where the Commission applied a formalistic interpretation of Article 101 (1). This thesis outlines also the structure of Article 101 and how its parts interact together, especially how Articles 101 (1) and 101 (3) together try to eliminate anti-competitive agreements that affect trade between Member States. This thesis examines also how a revolution took place within, at the time, the EC Competition regime and addresses the Modernisation Regulation from the perspective that this Regulation still keeps Articles 101 (1) and 101 (3) separate and distinct. Articles 101 (1) and 101 (3) TFEU are compared with the US Sherman Act outlining the issue that both try to prevent anti-competitive agreements but that we find no equivalent of Article 101 (3) in US Law. In particular there is a discussion of whether or not there can be said to be a Rule of Reason within the European Union Competition Law. This thesis seeks to evaluate the relationship that exists between these two parts of Article 101 TFEU and provides an overview of how the two Articles are perceived, if either one is restrictive or not. The main contribution of this work is to outline the role of Article 101 (3) in conjunction with Article 101 (1) and ultimately whether there should be a review of Article 101. Description: LL.D.

2011-01-01T00:00:00Z /library/oar/handle/123456789/130020 2024-12-19T08:58:22Z 2011-01-01T00:00:00Z

Title: The European Union's proposed regulation relating to succession with a cross border dimension : perspectives of private international law and Maltese succession law Abstract: As European Union citizens make greater use of their right to freedom of movement within the European Union, succession cases with a cross-border dimension are on the increase. In these cases, several difficulties are known to be caused by the disparate national rules as well as Private International Law rules on succession in the different Member States with the result that these divergent rules obstruct the free movement of persons in the European Union. In order to counter this situation, the European Commission issued the proposed Regulation on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Authentic Instruments in Matters of Succession and the Creation of a European Certificate of Succession which is meant to serve as "a comprehensive instrument covering all issues relating to matters of succession in cross-border situations, with the exception of revenue, customs and administrative matters. It will lay down rules of jurisdiction and of conflict of laws and will set out the procedure to be followed for the recognition and enforceability of decisions, authentic instruments and court settlements. In addition it will provide for the creation of a European Certificate of Succession intended to facilitate the settlement of cross-border succession cases." Following criticism by Member States of the European Union of some of the provisions in the Proposed Regulation on Succession, the Working Party on Civil Law Matters (Succession) decided to draw up a revised consolidated version of the Regulation. This thesis includes a comparison of various provisions in the Proposed Regulation on Succession and changes suggested in the Working Document. The first chapter of this thesis examines the background to the Proposed Regulation on Succession by mentioning the grounds for, and objectives of, this proposal and the wide-ranging consultation exercise that took place within Member States before this Proposal was drawn up. The second chapter in this thesis includes comments on the articles found in the Proposed Regulation on Succession relating to jurisdiction. Insofar as the issue of jurisdiction in matters of succession, there are positive conflicts where the courts In several member states declare that they are competent to decide on the case at hand as well as negative conflicts where no court declares itself to be competent. A uniform rule is established in the Proposed Regulation on Succession whereby the court of the Member State where the deceased had his last habitual residence will have jurisdiction to rule on a cross-border succession case. In the third chapter, an analysis is made of the applicable law to govern a cross-border succession case with particular emphasis on the connecting factor of the law of the last habitual residence of the deceased and the choice of law given to the testator to choose the law governing his nationality when drawing up his will. This advocates the principle of the freedom of movement within the European Union where the testator is keen to preserve close links with his country of origin by means of his succession. When reference is made to the Proposed Regulation on Succession, it is pertinent to mention the practical importance of "authentic instruments". An evaluation of the definition of "'authentic instruments" given by the European Court of Justice in the Unibank decision and the way the Proposed Regulation ensures their recognition are also given due coverage in this thesis. Mention is also made in this thesis of the European Certificate of Succession found in the Proposed Regulation which enables the capacity of an heir and the powers of the administrator or executor of a succession to be proven throughout the European Union without the need of any further documents or translations. By way of conclusion, this thesis discusses the Maltese authorities' views on the Proposed Regulation on Succession and the likely effects that this Regulation will have on Maltese law in succession matters. Description: LL.D.

2011-01-01T00:00:00Z /library/oar/handle/123456789/129884 2024-12-16T08:48:43Z 2011-01-01T00:00:00Z

Title: The connecting factors for the taxation in Malta of the income or gains of a body of persons : contemporary challenges and threats Abstract: In an attempt to strike a balance between fact and theory, one could say that we have literally split this study in two. After a brief introduction in which we outline the theoretical justifications used by States to attain taxing rights over persons and income and subsequently establish the connecting factors which are typically employed to accomplish this, we embark on a long and thorough analysis of the way in which these notions are actually incorporated in the Maltese tax system at present. After attaining a solid understanding of the Maltese system we briefly venture into two important aspects of the international arena to attain a more three-dimensional appreciation of how these concepts, despite remaining at the heart of every tax system, have been molded into a variety of forms, at times almost indistinguishable from each other, to accommodate each jurisdiction's individual necessities. We do this by first highlighting some note-worthy differences between our system and a number of foreign tax systems and then, by comparatively analyzing the related aspects of the OECD Model Convention. This marks the turning point, as once we are done making comparisons we adopt a very different approach in trying to capture the essence of why the current systems employed by States to assert taxing rights have been seemingly plagued by certain aspects of the modern, globalised climate in which they function. These factors which have heated up the worlds of trade, finance and investment and effectively dissolved many of the barriers which previously held domestic markets intact have seemingly brought tax authorities to their knees as their battle to collect the State's dues becomes increasingly more challenging. We conclude the study by presenting what we hope to be a fairly accurate explanation of what is causing the deficiencies outlined in the previous chapter. We then summarise what we consider to be the most effective methods adopted by States to combat these deficiencies, and attempt to round-up our arguments by suggesting potential alternatives to the systems currently adopted. A point worth noting in relation to these last sections, regards the sources upon which the principal ideas are based. Despite there being a handful of very prominent authors who have voiced their concern and formulated an opinion on many of the questions in discussion, these debates have been entirely restricted to the academic forum, with no hint of attention, much less apprehension, from the decision-takers, from outside these circles. As a result of this, we must admit from the start that most of the content of the concluding sections of this study consist mainly of the opinion of the author and many of the technical observations In these sections are similarly based on the opinions of academics and not on facts which have been confirmed through practical application. Description: LL.D.

2011-01-01T00:00:00Z