/library/oar/handle/123456789/64333 Thu, 06 Nov 2025 08:09:15 GMT 2025-11-06T08:09:15Z /library/oar/handle/123456789/100894 Title: Appraisal of the digital content directive in light of the evolution of EU consumer protection law Abstract: The aim of this thesis is to identify the major issues relating to the evolution of the consumer protection area of law, which eventually led the EU and its institutions to adopt the Digital Single Market Strategy (DSMS). In turn, under the DSMS, the EU has recently adopted the DCD (Directive on the supply of digital goods and digital services), whilst also pursuing the adoption of further directives. Suppliers of most products with a digital element or component have so far faced several issues relating to whether the digital component should be considered as part of the good or service itself, or as a totally independent and separate good. Such distinctions could potentially make the product and/or services in question fall under one set of rules and not another. This is a very relevant factor for concerns pertaining to the DSMS, such as; the cross-border portability of content, the free flow of data across Internal Market borders, VAT, parcel delivery, and divergent contract laws, to name a few. This thesis delves into some of these crucial distinctions, how they came about, and how the European Community, and later the EU, followed up on these crucial steps. Moreover, this thesis will also investigate how the EU introduced legislation to solve issues in relation to consumer protection and later the supply of digital goods and services within the Internal Market. It should also be noted that many legal aspects regarding the digital market inevitably overlap with several other areas of law, such as copyright and intellectual property. Such matters arise as previous consumer protection efforts did not clearly identify the position of digital goods and digital services. Most of these aspects have been unforeseen, and at times the Member States themselves failed to properly identify other aspects in relation to digital products on the national level. In time, this market environment led to an ever-growing level of uncertainty for consumers and traders alike. This uncertainty also hindered the growth of the Internal Market in relation to digital goods and services. Other similar barriers include divergent contractual rights, varying contractual obligations and vastly different regional commercial customs, while other difficulties relate to the integration of the digital products and services themselves. After that, the focus shifts towards the DCD, where the text and spirit thereof is analysed, along with the legal concerns the legislative process encountered. This thesis attempts to analyse the various methods of harmonisation and the different options available to bring about the desired digital market environment. This is in regard to the general consumer protection and to the supply of digital goods, and later digital services, within the Internal Market. Description: LL.D. Wed, 01 Jan 2020 00:00:00 GMT /library/oar/handle/123456789/100894 2020-01-01T00:00:00Z /library/oar/handle/123456789/92820 Title: Fair copyright for the digital age : filtering as an enforcement mechanism under the directive on copyright in the digital single market Abstract: The enactment of the "Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC", hereinafter referred to as the "DSM Directive", particularly through Article 17 (ex-Article 13), gave rise to many controversies such as threats over the internet's downfall as well as several serious criticisms centered around human rights concerns, including freedom to access to knowledge, freedom of expression and right to data privacy. The advancement of technology and the creation of new technology such as on line filters, brought into play from an inferred analysis of the final wording of Article 17, certainly have a role to play in assessing the reality of fair copyright in today's digital age and whether or not the rights of all the interested parties are properly in equilibrium. In this dissertation the author will investigate how new legal obligations introduced by the DSM Directive, impact upon the implementation of filtering mechanisms and in turn interested parties such as OCSSPs, copyright holders and users. Does the final text provide a fair balance for all in so far as safeguarding the different rights and interests involved in relation to filtering technology? In light of this, the author will seek to determine whether or not the ideal rationale of copyright has shifted in the digital age stemming closer or away from the original purpose intended by the founding founders of copyright. Ultimately, the author contends that whilst the DSM Directive is far from perfect, it manages to take a step forward both in terms of a better balance of rights and towards the ideal copyright rationale. Description: LL.M.EUR.COMP. Wed, 01 Jan 2020 00:00:00 GMT /library/oar/handle/123456789/92820 2020-01-01T00:00:00Z /library/oar/handle/123456789/70028 Title: Jaywalking : a punishable offence or a contributing factor? Abstract: Jaywalking occurs when pedestrians negligently walk-in or cross roadways negligently and without due care and attention to approaching vehicles, posing a great risk for themselves and also to third parties. This dissertation examines the legal duties of pedestrians, in comparison to the obligations of drivers and advocates the necessity of introducing effective legislation to regulate pedestrians’ behaviour. Due to the ever-increasing population and traffic in the Maltese Islands, the chances of contact between a vehicle and a pedestrian grows exponentially. Therefore, the dissertation ensures that every actor involved in such motor traffic accidents is punished according to his/her participation in the harmful event. When making use of the roadways and areas adjacent thereto, pedestrians must be subject to legally binding and enforceable rules rather than mere recommendations which do not impose criminal liability. On this premise, the possibility of having a pedestrian as the victim in one case and a perpetrator in another is examined. Hence, in view of the above, this dissertation aims to encourage the Legislative body of the State to move forward with the idea of punishing jaywalking and other pedestrian offences in Malta. Description: LL.B. Wed, 01 Jan 2020 00:00:00 GMT /library/oar/handle/123456789/70028 2020-01-01T00:00:00Z /library/oar/handle/123456789/70025 Title: Detention of minors : an analysis of their rights Abstract: This paper involves research on elements and conditions found in detention settings, however, it becomes an essential study because it deals specifically with rights of minors. In fact, the introduction to this term paper emphasises that minors are vulnerable and their rights need to be protected effectively. Consequently, the right to liberty, pre-trial detention and detention of persons of unsound mind have been analysed in light of the case law of the ECtHR and other documents. This analysis was necessary in order to understand which elements need to be present for a minor to be deprived of his liberty and lawfully detained under the two types of detention discussed. Although deprivation of liberty and detention under Article 5 are lawful, many other fundamental rights can be breached while a person is in detention. Even though these rights are numerous and all equally important, the author focused on the prohibition of inhuman, degrading treatment or torture and the Right to Health. These two rights are broad and linked because one action might breach them both. Subsequently, the author used reports from different committees, statements of international organisations and articles from news outlets to reveal the conditions in which minors are detained in institutions for pre-trial detention and detention of persons of unsound mind. These institutions are the Young Offenders Unit for Rehabilitation ¸£ÀûÔÚÏßÃâ·Ñ which forms part of the Corradino Correctional Facility and the Young Persons Unit which forms part of Mount Carmel Hospital. The main conclusion was that conditions in the two mentioned settings are generally good. However, some breaches in procedure and rights of minors where reported. While some of these breaches need to be addressed by amendments in legislation, procedure or reporting systems, other breaches might be addressed by better enforcement mechanisms. Description: LL.B. Wed, 01 Jan 2020 00:00:00 GMT /library/oar/handle/123456789/70025 2020-01-01T00:00:00Z