/library/oar/handle/123456789/15237 2025-12-26T13:56:05Z /library/oar/handle/123456789/130206 Title: Legal certainty and the Constitution : is Malta ready for the doctrine of judicial precedent? Abstract: One of the fundamental aspects of judicial methodology is the execution of decision-making. In Common law systems, this is carried out through the doctrine of judicial precedent which constricts adjudicators to decide according to what was previously decided in earlier cases bearing similar or identical facts. This judicial feature is not present within the Maltese legal system and this thesis will embark on an examination of the effects of the absence of precedent on Maltese Constitutional law as well as study the need of its possible introduction. An explanation of the mechanics of the doctrine of precedent and its inter-court application in the United Kingdom will be delivered and contrasted with the doctrine of jurisprudence constante found in civil law countries. Essentially, this thesis will focus on the effects of judgments of the Maltese Constitutional Court and in doing so will refers to the foundations of Malta's hierarchical court structure. On this point the author aims to classify this effect by scrutinizing different pronouncements of the Constitutional Court in relation to the unconstitutionality of laws and also looks to dissect any relevant legislation. The author also aims to highlight the lack of stare decisis m relation to the appreciation of judgments delivered by the ECtHR. In this regard, the dynamics of conflicting judgments will analysed to test the Maltese Courts’ compatibility with the principles of legal certainty and the requirement of foreseeability which are both entrenched as fundamental limbs of the European Convention on Human Rights. Finally, this thesis also aims to tackle the ongoing academic debate regarding the annulment and alteration of laws deemed to be void. In doing so, the author intends to draw analogies between the supremacy of the constitution, the jurisdiction of the constitutional court and parliaments' legislative power. Description: LL.D. 2017-01-01T00:00:00Z /library/oar/handle/123456789/129931 Title: The EU police and criminal justice data protection directive : from proposal to implementation Abstract: Since its pronouncement, Council Framework Decision 2008/977 /JHA has been subject to relentless criticism due to its shortcomings and deficiencies in the data protection rules it contains. It was described as a step further from the previous situation, yet far from meeting the expectations that many hoped for, in particular due to the lack of harmonisation it achieved. A year later, Art.16 of the TFEU as amended by the Lisbon Treaty, mandated the EU legislator to enact data protection rules in all areas of EU competence, including the whole AFSJ. In addition, the EU Charter, which enshrines the fundamental rights to privacy and more specifically to data protection, was given legally binding value. All these factors, combined with the ever-increasing dependence on the processing of personal data by the state in its security oriented activities, and in an effort to reconcile the requirements of law enforcement authorities to effectively carry out their tasks with the privacy and data protection rights of individuals, the EU data protection reform was pronounced. This consisted of a General Data Protection Regulation and a Directive for the Police and Criminal Justice Sector. These two siblings were enacted in 2016 and will be applied as from 2018. This thesis provides an in-depth analysis of selected provisions of the Directive. The study assesses the extent of actual improvements brought about by the Directive, by comparing it to its predecessor, the Council Framework Decision, and previous iterations, taking account of well-established data protection principles. The analysis is made in light of the discussions that took place in DAPIX, opinions delivered by the EDPS, the opinions of the A29WP, and the relevant judgements of the CJEU. Envisaged difficulties that Member States will face while implementing the Directive are also pinpointed. Description: LL.D. 2017-01-01T00:00:00Z /library/oar/handle/123456789/103636 Title: The legitimacy of military intervention for humanitarian purposes Abstract: Coming to a consensus about the current status of humanitarian intervention, is probably impossible task. Currently it is practiced both legally and illegally at the same time. I became interested in this subject due to the current situation and war in Syria, where the unilateral military interventions have been criticized, but also silently approved by many states. Further more, now and in the past, perpetrators of unilateral military intervention are rarely brought to justice. Therefore the question arises if the doctrine of humanitarian intervention in customary law been so infringed that it has become worthless? International community's and most significantly the United Nation's failure to stop the nearly 6 years of massacres in Syria has once again brought the concept of humanitarian intervention to the center of discussion. The UN Security Council was set up in the aftermath of WW2 to guarantee securing international peace for the future generations and to stop similar atrocities being repeated. The humanitarian crises in Syria as disastrous as it has been, has made some even conclude that the Security Council is now torn apart irreplaceably. Not only has the Security Council failed to adopt many of its draft resolutions because of vetoes, but four of the five permanent members of Security Council are themselves involved militarily in Syria in one way or the other. Political divisions over Syria have had tremendous consequences. The Security Council has visibly been unsuccessful fulfilling its basic function, which is the maintenance of international peace and security and also failed to uphold its Responsibility to Protect (R2P) the Syrian people. The Responsibility to Protect (R2P) was a global commitment, which was endorsed by all member states of the UN in the 2005 World Summit. Its purpose was to commit to prevention of genocide, war crimes, ethnic cleansing and crimes against humanity. The situation in Syria however, has drearily been called a "failure to protect". The persistent political divisions and failures to come close to any diplomatic and peaceful solutions or even a ceasefire, led to the resignation of Kofi Annan as UN-Arab League Joint Special Envoy for Syrian crises. Annan, a firm supporter of the R2P doctrine, and creator of six-point plan for peace in Syria, announced that he was resigning because of the failure and what he said had become a 'mission impossible'. Description: LL.M. 2017-01-01T00:00:00Z /library/oar/handle/123456789/101525 Title: Effectively combatting illegal, unreported and unregulated (IUU) fishing as a transnational organised crime Abstract: In 2008, former United Nations Secretary-General Mr. Ban Ki-Moon, identified IUU fishing as one of the seven major threats to maritime security. Whilst that 31.5% of the global fish stock is being over-exploited, it has been estimated that illegal, unreported and unregulated fishing accounts for 20% of global catches. In 2008, the United Nations General Assembly also recognised the existence of links between transnational organised crime and illegal, unreported and unregulated fishing - today generally referred as 'fisheries crime'. Fishing activities by transnational organised criminal networks ricochet between different jurisdictions, taking advantage of jurisdictional arbitrage, whereby they exploit weak laws and enforcement capacities, making it difficult for State actors to effectively combat them. This dissertation will evaluate the nature of illegal, unreported and unregulated fishing as a transnational organised crime and how the international legal framework fares against the challenges posed by the dynamic and transnational nature of the modus operandi of the crime. It will also delve into the limitations of the same international legal framework and the nationality principle under international law. The dissertation will conclude that although the international community has sought to create a strong legal framework to reach sustainability in global fisheries and combat illegal, unreported and unregulated fishing, it is weak when facing transnational organised crime. The present author argues that the effectiveness of the international legal framework depends on its adoption and implementation within domestic legal frameworks. Multilateral cooperation in homogenising legal obligations and compliance degrees across States, shared monitoring, control and surveillance operations, coordinated enforcement and strategic criminal intelligence sharing are also key factors in the fight against this crime. Through the evaluation of actions provided by legal frameworks and State practice, the present author provides two general approaches that can be taken by States for the effective combat of illegal, unrep01ied and unregulated fishing as a transnational organised crime. Description: M.A.OCEAN GOV. 2017-01-01T00:00:00Z