/library/oar/handle/123456789/52910 2025-11-08T13:38:09Z 2025-11-08T13:38:09Z /library/oar/handle/123456789/100884 2022-08-23T10:46:02Z 2019-01-01T00:00:00Z

Title: The right to legal advice and other rights during detention : in light of recent amendments and court judgments Abstract: The right to a lawyer and to legal assistance while under the custody of the authorities, and the right of the suspect to have consultations with his lawyer and eventually instruct such lawyer, has been held to be 'one of the most important and fundamental rights of a citizen'. This dissertation, as the title thereof suggests, will discuss the right to legal advice and other connected rights during detention. However, it must be made clear from the outset that special emphasis would, of course, be made on the former, i.e. the right to legal advice during detention, especially also prior to and during interrogations conducted by law enforcement. However, the other connected rights to such right to legal advice will, of course, be also discussed later on. Under our jurisdiction, fears connected to the lack of legal assistance, especially during detention and the investigative stage of the proceedings (including interrogations), has been generally subsided by our legislator by introducing the rights granted to suspects and detainees under our local system, foremost of which that of granting the right to legal advice to suspects who are deprived of liberty and being held under the custody of the Police. Moreover, as we shall also see, nowadays we also have the right to have legal counsel present and to 'participate effectively' during questioning. However, the author asks: is this right for one's lawyer to participate effectively granted without restrictions? Is it as far-reaching as the law seemingly intends it to be? The author commends the huge improvements brought about in our system when compared to previous decades, mainly through the transposition of Directive 2013/48/EU into our law. Nonetheless, as shall be demonstrated later on, the author has, unfortunately, huge reservations as to how our law is drafted in certain occasions. Description: LL.D.

2019-01-01T00:00:00Z /library/oar/handle/123456789/62323 2020-10-25T06:32:35Z 2019-01-01T00:00:00Z

Title: To what extent should information society services providers be held liable for the use of protected content uploaded by their users? Abstract: This paper shall be delving into the current laws which regulate both copyright and the function of Internet Society Service Providers. With regards to copyright, this paper shall set a solid foundation, based on the laws on which the Courts apply their reasoning, keeping in mind the rights of right holders and the responsibilities and liabilities to which Internet Society Providers are exposed, of the factors at law by which one could be found liable for breach of copyright. For the purpose of this term paper, we shall only be looking at the non-criminal liability to which Internet Society Service Providers may potentially expose themselves to. In relation to Internet Society Service Providers, an in-depth analysis of the current situation will demonstrate the different types of classifications, based on the services offered by such Internet Society Service Providers, are used by Courts as a measurement in considering whether an exemption, as provided by the e-Commerce Directive, could apply in the cases before such Courts. Furthermore, an explanation as to what constitutes an Internet Society Service Provider and what is required for the different exemptions provided at law to apply, shall be given throughout this term paper. The current situation of Internet Society Service Providers shall be compared and contrasted to what could happen following the introduction of the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market. For the purpose of this paper, the flaws and discrepancies within the law in force at the moment shall be pointed out. Following this, the potential effects of the proposed Directive may bring with it shall be pointed out. Description: M.ADV.PREP.

2019-01-01T00:00:00Z /library/oar/handle/123456789/62322 2020-10-25T06:26:04Z 2019-01-01T00:00:00Z

Title: Maltese condominium law from a comparative European perspective Abstract: This term paper outlines the fundamental principles of a condominium. It aims to present effective remedies following comparative analyses between the Maltese Law and the European Law while considering the jurisprudence. Notwithstanding, the legal basis for establishing a condominium, various difficulties arise in terms of the effectiveness and conformity. Throughout this thesis disputes between the owners are evaluated, and reference is made to various judgements discussing the several theories. Observation has been carried out regarding the concept of the condominium, and the legal formalities including the Land Registry. This term paper examines the appointment of an administrator in a Condominium who has a fundamental role in the meeting of the condomini. Consequently, this person may prevent conflicts and facilitate the management of the common areas. A thorough study through jurisprudence has been executed concerning the rules and regulations that are of paramount importance as these specify the rights and obligations of the condomini. The aim of this dissertation is to reflect the disputes of the Condomini from the perspective of an Administrator and also as a co-owner in being responsible collectively. Therefore, this study highlights the role of an administrator and the rights and obligations of the condomini on the subject of the maintenance responsibility. This dissertation leads to recommendations for future legislation. Description: M.ADV.PREP.

2019-01-01T00:00:00Z /library/oar/handle/123456789/62310 2020-10-25T06:33:28Z 2019-01-01T00:00:00Z

Title: Establishment of a framework for the development of a Pleasure Yacht Code Abstract: The aim of this study is to discover if a legal lacuna exists for the development of a Pleasure Yacht Code. This thesis provides an overview of how the major conventions address the pleasure yacht category as well as how pleasure yachts are defined. The researcher carried out research about the definitions provided by various International Conventions. Interviews with the leading legal practitioners and surveyors of the pleasure yacht industry have also been carried out. This study also researches whether foreign jurisdictions already provide a Pleasure Yacht Code. Enacted legislation and guidance notes released by Maritime Authorities have been referred to. This research then goes into the development of a framework with proposed legislative measures and incentives. Moreover the author discusses the pros and cons related the development of such a Code. The objective of this study is reached via the proposed framework for the development of a codified standard, which has been identified as a solution to a confirmed lacuna. This thesis concludes that the proposed framework based on the research carried out provides a sound basis for the development of the Pleasure Yacht Code. Description: M.ADV.PREP.

2019-01-01T00:00:00Z