OAR@UM Collection: /library/oar/handle/123456789/123619 Sun, 26 Oct 2025 20:43:26 GMT 2025-10-26T20:43:26Z Can the Maltese Citizenship (Amendment) Act, 2013 – Act No. XV of 2013 – be the subject of an abrogative referendum? /library/oar/handle/123456789/110748 Title: Can the Maltese Citizenship (Amendment) Act, 2013 – Act No. XV of 2013 – be the subject of an abrogative referendum? Authors: Aquilina, Kevin Abstract: The paper discusses whether the Individual Investor Programme may be the subject of an abrogative referendum. After having analysed the historical development of the 1996 amendments to the Referenda Act which introduced abrogative referendum and after studies Italian law on the subject, the paper concludes that the said Programme falls under 'fiscal legislation' and thus cannot be subject to an abrogative referendum. Wed, 01 Jan 2014 00:00:00 GMT /library/oar/handle/123456789/110748 2014-01-01T00:00:00Z The single supervisory mechanism- the first step towards a banking union /library/oar/handle/123456789/124137 Title: The single supervisory mechanism- the first step towards a banking union Authors: Azzopardi, Sarah Louise Abstract: This work aims to shed light on the recent developments in financial supervision on a European level and how this has led to greater integration between euro zone member states, creating the impetus towards forming a Banking Union. Wed, 01 Jan 2014 00:00:00 GMT /library/oar/handle/123456789/124137 2014-01-01T00:00:00Z Government litigation privileges in Malta- is the right to a fair hearing at risk? /library/oar/handle/123456789/124080 Title: Government litigation privileges in Malta- is the right to a fair hearing at risk? Authors: Bonnici, Ruth Abstract: Governments enjoy certain privileges which are necessary for the efficient governance of a country. These privileges, by benefitting the government with advantageous conditions or imposing further requisites on the individual may potentially impinge upon an individual’s right to a fair hearing by denying him access to justice or making such access more difficult. Wed, 01 Jan 2014 00:00:00 GMT /library/oar/handle/123456789/124080 2014-01-01T00:00:00Z Design and trade dress : the importance of appearance ; a comparative perspective within Europe and beyond /library/oar/handle/123456789/124079 Title: Design and trade dress : the importance of appearance ; a comparative perspective within Europe and beyond Authors: Carli, Cecilia Abstract: Industrial design has created one of the most complex puzzle within the framework of intellectual property institutes. The international system does not provide a minimum standard to limit the discretion at national level neither in legislative nor in jurisprudential sense. There are two options: either continuing to allow protection of shapes without boundaries, therefore creating legal hybrids in a framework which allows for the adjustment of provisions over concrete individual cases, or it shall draw a clearly defined boundary which may not be overlapped in order to avoid lowering the thresholds of protection. This article intends to briefly illustrate some legislative solutions States have adopted to tackle this issue. From Europe to USA, from China to Japan, in a global perspective the same question remains: where should Judges draw the boundary line when faced with an innovative product has the same individualizing characteristics of another? What happens mostly when two fields of legislation overlaps and applicative standards divide the opinion of the courts? Wed, 01 Jan 2014 00:00:00 GMT /library/oar/handle/123456789/124079 2014-01-01T00:00:00Z