University of Malta Faculty of Laws Bachelor

UNIVERSITY OF MALTA

FACULTY OF LAWS

BACHELOR OF LAWS

I & II & III YEARS

PROGRAMME OF STUDY

TABLE OF CONTENTS

PAGE

Introduction 3

Constitutional Law 7

Notions of Comparative Constitutional Law Systems 9

International Human Rights Theory 10

Roman Law 11

Philosophy of Law 13

Legal Anthropology 14

Criminal Law 17

Political Philosophy 20

Administrative Law 21

Comparative Administrative Law 23

Development Planning Legislation 24

Public Corporations 26

Environmental Law 28

Social Law 29

Press Law 30

LL.B. I & II & III years 1

Advanced Constitutional Law 31

Family Law 32

Law of Property 33

Commercial Law 34

Criminal Law 37

Law of Obligations 38

Letting and Hiring 39

Sale 40

Commercial Law 41

International Law 44

European Law 46

Industrial Legislation I 47

Industrial Legislation II 48

General Introduction to Principles of Taxation 49

Occupational Health & Safety Legislation 52

European Union Policy & South/East Dialogue 57


Course Programme of Study for the degree of Bachelor of Laws (LL.B.)

The Board of the Faculty of Laws has in terms of Bye-Law 8 (2) of the Bye-Laws of 2003 in terms of the General Regulations for University Undergraduates Awards, 2003 for the degree of Bachelor of Laws – LL.B. – under the auspices of the Faculty of Laws adopted the following programme of studies:

Students who join the LL.B. course are required to do 180 credits over 3 years i.e. not more than a total of 60 credits each year.

Year of Course

No of Compulsory Law Study-Units

No of Compulsory Humanistic Study-Units

No of Electives Study-Units from the Law and/or Humanistic Study–Unit

Optional Study-Units offered in any other programme of study within the University

Total

1st Year 36 ) ) 2 602ndYear 37 ) 35 ) 25 2 603rd Year 41 ) ) 2 60

Students wishing to continue their studies after obtaining the LL.B course by joining the LL.D. course or the N.P. course are required to obtain at least a 53% average mark in those units which are indicated as compulsory law study units. They will not be able to graduate as an LL.B. unless they have obtained all the compulsory units indicated hereunder as well as have obtained the required number of 180 credits. Students are directed to read carefully the General Regulations for University Undergraduate Awards as well as the Bye-Laws for the LL.B. degree above referred to and to guide themselves in terms of same. Should a student be in any doubt as to the interpretation and application of any Bye-Laws Regulation, or other provision applicable to the course he should seek written clarification from the competent University authorities. The Board may, in the light of such future developments as it may consider pertinent to the course of studies of the student, change the programme of studies or alter the content of the compulsory units. Any such change will be notified to the students with sufficient time to allow them to satisfy any changed requirement.

The 114 compulsory non-compensatable (nc) credits in law which student must take are the following:

PBL 1010 – Constitutional LawCVL 1020 – Roman LawCVL 1021 – Philosophy of LawCRL 1010 – Criminal LawPHI 1014 – Political PhilosophyPBL 2015 – Administrative LawCVL 2010 – Family Law


CVL 2011 – The Law of PropertyCML 2005 – Commercial LawCRL 2005 – Criminal LawCVL 3014 – Law of ObligationsCVL 3001 – Letting And HiringCVL 3016 – SaleCML 3005 – Commercial LawINL 3005 – International LawECL 3005 – European Law

Students are also required to obtain at least 35 credits from the Humanistic Area of their choice from a list of humanistic area approved by the Faculty. The appropriate faculty running the humanistic area of study being followed by the student may in its programme of studies indicate any of the units as compulsory for completion of that area of study. The remaining credits to make up the total 180 credits for the award of the degree may be taken by the student as elective study units from the Law Area or the Humanistic area of their choice, or from a combination of both areas.

The programme of studies for the compulsory study-units in the law area is therefore as follows:

LL.B. 1st Year - Law Compulsory study-units

Department of Public Law

1st & 2nd Semester PBL1010 Constitutional Law (10 credits)

Assessment - 10% multiple choice at the end of the 1st Semester 10% coursework and tutorials

80% examination at the end of the 2nd Semester

Department of Civil Law

1st & 2nd Semester CVL1020 Roman Law (6 credits)

Assessment - Examination at the end of the 2nd Semester

1st & 2nd Semester CVL1021 Philosophy of Law (6 credits)


Department of Criminal Law


1st & 2nd Semester CRL1010 Criminal Law (10 credits)


Political Philosophy

1st & 2nd Semester PHI1014 Political Philosophy (4 credits)


LL.B. 2nd Year

Department of Public Law

1st & 2nd Semester PBL2015 Administrative Law (8 credits)

Assessment - 10% multiple choice at the end of the 1st Semester 10% coursework and tutorials

80% examination at the end of the 2nd Semester


1st Semester CVL2010 Family Law (6 credits)

Assessment - 10% coursework and tutorials90% examination at the end of the 1st Semester

2nd Semester CVL2011 Law of Property (6 credits)


Department of Commercial Law

1st & 2nd Semester CML2005 Commercial Law (9 credits)


Department of Criminal Law

1st & 2nd Semester CRL2005 Criminal Law (8 credits)



LL.B. 3rd YEAR


1st & 2nd Semester CVL3014 Law of Obligations (8 credits)

Assessment Examination at the end of the 2nd Semester

1st Semester CVL3001 Letting and Hiring (2 credits)

Assessment Examination at the end of the 1st Semester

1st Semester CVL3016 Sale (2 credits)

Assessment Examination at the end of the 1st Semester

Department of Commercial Law

1st & 2nd Semester CML3005 Commercial Law (9 credits)


Department of International Law

1st & 2nd Semester INL3005 International Law I (10 credits)

Assessment - 10% assignment at the end of the 1st Semester90% examination at the end of the 2nd Semester

Department of European Law

1st & 2nd Semester ECL3005 European Law (10 credits)



AREA OF STUDY: CONSTITUTIONAL LAW

Compulsory Law Study - Unit

PBL1010: Constitutional Law (nc)Type: Lectures and TutorialsECTS Credits: 10Method of Assessment: 10% multiple choice at end of 1st semester (1 hour)

10% coursework and tutorials80% examination at the end of 2nd semester (3 hours)

Semester: 1 and 2Lecturers: Professor Ian Refalo, Dr. Austin Bencini,

The Hon. Dr. Tonio Borg.

Course Description:

This study unit is to be taken as a compulsory study unit during the first and second semester of the first year of the course. The study unit comprises the following topics:

History of Maltese Constitutional Development Law: from the earlier part of the History of Maltese Public Law up to the present day. The History of Constitutional Development Law during the British colonial Period and the subsequent post-independent phase is given particular attention. The student is expected to familiarize himself with the process of the transition to independence and the subsequent transition to republican status.

The General Principles of Constitutional Law as applied in Western European Democracy with particular focus on the general theories at the basis of constitutional systems such as the doctrine of separation of powers, the rule of law and the theory of fundamental human rights. The general outlines and structures of parliamentary and presidential governments in such constitutional systems.

The detailed workings of the several organs of the State with particular reference to their position within the Maltese and the British constitutions. The student will be required to familiarize himself not only with the structure of constitutional organs as existing in Malta but also from a comparative perspective. The embedding of the State of Malta within the larger framework of the European Union.

The Human Rights Law looks at the international and local protection of fundamental human rights as well as at the systems for the protection of these rights. The student will be expected to familiarize himself with the case law of Strasburg and the Maltese Courts in this area.


Selected Bibliography:

O. Hood Phillips & Jackson “Constitutional and Administrative Law” 8th Edition John M. McEldowney “Public Law” 3rd Edition Hilaire Barnett “Constitutional and Administrative” 4th Edition Andrew Le Sueur, Javan Herberg & Rosalind English “Principles of Public

Law” 2nd Edition Giuseppe De Vergottini “Manuale di Scienze Giuridiche: Diritto Costituzionale

Comparato” 5th Edition CEDAM “Le Costituzioni dei Paesi dell’Unione Europea” 2nd Edition CEDAM Richard Clayton & Hugh Tomlinson “The Law of Human Rights” Volume I and

II Oxford Thompson Sweet & Maxwell “Public Law and Human Rights 2002/3” Barbara Mensah “European Human Rights Case Summaries” J. J. Cremona “Malta and Britain The Early Constitutions” J. J. Cremona “The Maltese Constitution and Constitutional History Since

1813” 2nd Edition Faculty of Laws, University of Malta “Mediterranean Journal of Human Rights” Superior Courts “The Collection of Malta Decided Cases”



Elective Law Study - Unit

PBL1004: Notions of Comparative Constitutional Law Systems

Type: Lectures ECTS Credits: 2Method of Assessment: Written test at the end of the 1st semester (1 hour)Semester: 1 Lecturer: Professor Salvo Ando’

Course Description:

This study unit intends to familiarize the student with the general outlines of the major constitutional systems operative in the world. Unitary and federal structures, democratic and dictatorial set-ups are examined. Major attention is given to parliamentary and presidential systems. The following constitutions are looked at in some detail: United Kingdom, France, Italy, Federal German Republic and United States of America.


O. Hood Phillips & Jackson “Constitutional and Administrative Law” 8th Edition Professor Salvo Ando’ “La difficile ‘supremazia’ della Costituzione maltese” Professor Salvo Ando’ “Mediterranean Security and Human Rights after the

cold war” CEDAM Professor Salvo Ando’ “Il declino della neutralita’ nell’attuale fase del

costituzionalismo europeo. Malta come metafora.” CEDAM



Elective Law Study - Units

PBL1005: International Human Rights TheoryType: Lectures ECTS Credits: 2Method of Assessment: Written test at the end of the 2nd semester (1 hour)Semester: 2Lecturer: Professor Salvo Ando’

Course Description:

The area covered by this study unit is the development, theory and practice of Human Rights. The main international conventions are discussed and compared, as well as certain comparative aspects of human rights protection adopted in different states. Also included in this study unit is the study of the manner in which international obligations and conventions relative to human rights have been adopted in municipal systems.

The area also covers the dispute on the theoretical basis of Human Rights during the last centuries with particular regards to the notions of sovereignty and the crisis of sovereignty.


Merrillis J. G. & Robertson A. H. “Human Rights in the world. An introduction to the study of the international protection of human rights.” 4th Edition

Merrillis J. G. & Robertson A. H. “Human Rights in Europe. A study of the European Convention on Human Rights.” 4th Edition

Andrew Abootalebi “Islam and Democracy” Professor Salvo Ando’, Ciro Sbailo & Marco Valerio “Oltre la tolleranza. Liberta

religiosa e diritti umani nell’eta della globalizzazione.” Professor Salvo Ando’ “Mediterranean Security and Human Rights after the

cold war.” CEDAM Bertrand G. Ramcharan “The Security Council and the protection of Human

Rights” Antonio Cassese “I Diritti umani nel mondo contemporaneo” Luigi Ferrajoli “I Diritti fondamentali”


AREA OF STUDY – CIVIL LAW


CVL1020: Roman Law (nc)Type: Lectures and SeminarsECTS Credits: 6 Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturer: The Hon. Dr. Carmelo Mifsud Bonnici

Course Description:

History of Roman Law: We examine the various and varying factors which affected the development of Roman Private Law during the thousand and more years which elapsed between the Period of the Monarchy and the Period of the Corpus Juris Civilis of Justinian. The evolution of the law is seen against the changing socio-political and constitutional background that inevitably had to leave its mark on the law itself. Particular attention is paid to the special position of Roman Private Law in Malta from the time of its reception following the Roman occupation of Malta at the commencement of the Second Punic War right down to our times. The fundamental and paramount influence exercised by Roman private Law throughout the centuries is considered and evaluated, particularly in relation to our present Civil Code, thus showing the relevance of Roman Private Law even today.

Roman Law of Persons: We deal with the three determining elements of status: freedom, citizenship and family and then go on to consider the topic of the family in greater depth and from all aspects, including the legal position of dependent persons and those of independent persons who, for some particular reason, are unable to look after themselves and their own interests properly. Here the influence of Roman Law, though still palpable, has been least pervasive, owing to the gradual evolution of new ideas and ideals.

Roman Law of Property: We deal with ownership and its characteristics and modes of acquisition as well as with the other real rights (iura in re aliena), both those which are usually defined as “fractions of ownership” (praedial and personal servitudes, emphyteusis and superficies) and those which serve as security (Fiducia, pledge and hypothec). We also consider possession and its protection and bring out the clear distinction that is made between possession and ownership. Here the Roman foundations of our law are unmistakeable and the influence of Roman Law is still very considerable.


Roman Law of Obligations: In contrast with the previous section that deals with real rights, this section deals with personal rights (iura in personam). We consider obligations from all aspects, including their sources, their requisites and their modes of extinction, as well as the individual contracts, quasi-contracts, torts and quasi-torts. It is here that the influence of Roman Law is seen at its greatest and its best, so much so that it has been stated that the Roman Law of Obligations is the modern law – and a study of our Civil Code broadly confirms this statement.

Roman law of Succession: We deal with testamentary succession and intestate succession and consider in some detail the rules in respect of both kinds of succession, emphasising the vital distinction between the heir and the legatee. The Roman Law of Succession has profoundly influenced our law and most of the rules contained in our Civil Code can be traced back to Roman Law.


H. F. Jolowicz “Historical Introduction to the Study of Roman Law” R. W. Lee “Elements of Roman Law” V. Arangio Ruiz “Istituzioni di Diritto Romano” William Warwick Buckland “Manual of Roman Private Law”




CVL1021: Philosophy of Law (nc)Type: Lectures and TutorialsECTS Credits: 6 Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturers: Professor Giuseppe Mifsud Bonnici, Dr. Patrick J.

Galea, Magistrate Silvio Meli

Course Description:

Introductory Topics/ Prolegomena:a) Philosophy and Science, Philosophy of Law/Science of Law, Culture,

Language.b) Methodology, Definitions, Analysis, Deduction, Induction, Classification.c) Types of Law: Divine/Eternal Law; Natural Law; Customary Law; Statutory

Law; International Law.d) Judicial concepts:

i) The Person – Physical and Juridical. Age of the physical person. The Foetus. Associations; Partnerships; States; International Organisations.

ii) Rights; Obligations; Liberties and Duties.iii) Jurisdiction; Possession, Punishment.iv) Interpretation of Law; Application of Law in Time and Space.

Central Topics:

a) Law – Dritt/Ligi. Law and Morals. ‘Is’ and ‘Ought’.b) Natural Law. Historical and Contemporary Approaches. Natural and Fundamental Rights and Liberties.c) Basic human goods – Life – Knowledge – Aesthetic experience – Friendship and Sociality – Play – Religion – Practical Reasonableness.d) The requirements of Practical Reasonableness.e) “The point of it all.”f) Values. Abortion. The Rule of Lawg) Justice. Equity


John Finnis “Natural Law and Natural Rights” Alessandro Levi “Natura e funzione della Teoria Generale del Diritto”



Elective Law Study - Units

CVL1013: Legal AnthropologyType: LecturesECTS Credits: 4Method of Assessment: Written test at the end of the 1st semester (1 hour)Semester: 1Lecturer: Dr. David E. Zammit

Course Description:

This study unit is meant to encourage reflection on the interaction between legal rules/processes and their social and cultural contexts, by means of a critical overview of some of the key texts in legal anthropology. Legal Anthropology provides a stimulating basis for this endeavour as it unites diverse theoretical approaches and case studies drawn from numerous cultures within a manageable corpus of texts. Key themes which will form this course are:The tension between cultural diversity and the search for a cross-culturally valid conception of law

the various ‘law-like’ mechanisms through which individuals and groups attempt to produce and legitimise social order

the ways in which legal norms and processes both express and shape power relations, culture and social organisation

the impact of colonialism and post-colonialism on the way such fundamental legal concepts as custom are conveived

The unit will consist of 14 two-hour sessions. Students will be assessed by means by means of a written test at the end of the first semester. They will also be expected to do assigned compulsory readings and to participate actively in class discussions.

Course Programme:

Week 1Key concepts: culture, society and law; the history & scope of social anthropologyReading: Keesing, Roger & Andrew Strathern, 1998. Cultural Anthropology, Harcourt Publishers, pp.288-301*

Week 2

Theoretical origins: the views of Montesquieu, Durkheim & Henry MaineReadings: Falk-Moore, S, op. cit. pp.12-24 & 40-52*Layton, Robert 1997. An Introduction to Theory in Anthropology, CUP, pp. 18-26.

Week 3Law as custom: Malinowski on the Trobriand islandersReadings: Falk-Moore, S, op. cit. pp.67-79*Malinowski, Bronislaw 1989. Crime and Custom in Savage Society, Rowman & Littlefield Publishers Inc, pp. 28-59 & 1984. Argonauts of the Western Pacific,


Waveland Press Inc., pp.81-104

Week 4Law as social structure: Evans-Pritchard on the NuerReading: Evans-Pritchard, E.E., 1940. The Nuer, OUP, pp.139-177*

Week 5Legal pluralismReading: Falk-Moore, S, op. cit. pp.103-106 & 154-174*

Week 6Theoretical origins: Karl Marx and his legacyReadings: Falk-Moore, S, op. cit. pp.28-39*M.D.A.Freeman (ed.), 1994. Lloyd’s Introduction to Jurisprudence, Sweet & Maxwell, pp.898 – 905 & 906 – 911*

Week 7Law as symbolic dominationReading: Falk-Moore, S, op. cit. pp.111-123*

Week 8The limitations of law in post-colonial IndiaReading: Falk-Moore, S, op. cit. pp.124-134*

Week 9Law as a medium of resistanceReading: Falk-Moore, S, op. cit. pp.278-288*

Week 10Theoretical origins: law, state & legitimacy in the work of Max WeberReadings: Falk-Moore, S, op. cit. pp.53-64*Turner, S, 2000. The Cambridge Companion to Weber, pp.83-98

Week 11 How courts manufacture legitimacy: the work of Max GluckmanReadings: Falk-Moore, S, op. cit. pp.84-86*Gluckman, Max, 1955. The Judicial Process among the Barotse of Northern Rhodesia, Manchester University Press, pp. 113-122.*

Week 12 Inventing and legitimising custom Reading: Moore, S.F., “History and the redefinition of custom on Kilimanjaro” in History and power in the study of law J. Starr & J. Collier, eds., 1989. Ithaca : Cornell University Press, pp.277-301.*


Week 13Cultural identity: a source of legal rights in a globalised world? Reading: Falk-Moore, S, op. cit. pp.175-205*

Week 14 Multiculturalism: a threat to human rights?Reading: Falk-Moore, S, op. cit. pp.306-312*


Sally Falk Moore “Law and Anthropology: A Reader” Oxford: Blackwell Publishers

Norbert Rouland “Legal Anthropology” Stanford University Press

N.B. This study unit will not be offered during academic year 2006/7

AREA OF STUDY: CRIMINAL LAW



CRL1010: Criminal Law (nc)Type: LecturesECTS Credits: 10Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturers: Dr. Silvio Camilleri, Dr. Stefano Filletti, Dr. Stephen

Tonna Lowell

Course Description:

Penal Laws: Notion – Contents – Criminal Law and Morality – Necessity

The nature of a Criminal Offence: Criminal Wrong and Civil Wrong – defining a criminal offence

Classification of Criminal Offences: Commission and Omission – formal and material – simple and complex – instantaneous and continuing – crimes and contraventions – indictable, non-indictable and triable either way – depenalised offences

Interpretation: Kinds: Doctrinal – Authentic – Judicial; Approaches: Literal – Logical; Special Rules: In dubbio pro reo – Declaratory – Extensive and Restrictive – Analogy

The Subject of a Criminal Offence: natural persons and legal persons – individual liability – corporate liability

Operation of the Criminal Law: Limitation by time: principles of transitory criminal law – non-retrospectivity – substantive law – laws of evidence – laws of procedure.Limitation by territory: theories of jurisdiction – territorial – personal – universal – self-preservation or quasi territorial; jurisdiction under the Criminal Code and other laws.Extradition: definition – double criminality - rule of speciality – return of nationals – extraditable offence – list and eliminative approaches – political offences – murder of head of state – anarchistic and terrorist offences – race, place of origin, nationality etc. – death penalty – ne bis in idem – prescription – amnesty and pardon - military offences – persons convicted in absentia – fiscal offences – procedure – simplified extradition – aut dedere aut iudicareBeyond Extradition: surrender – European arrest warrant

The Theory of Criminal Liability: material and formal conditions of liability.Material condition of liability: actus reus – acts – omissions – state of affairs – causation.Formal condition of liability: mens rea – dolo – culpa – casus – motive – premeditation – generic intent and specific intent – determinate and indeterminate intent – good faith.


Negligence or Culpa: subjective theory and objective theory – negligence in the Maltese Criminal Code – degrees of negligence – contributory negligence – the victim’s consent.

General grounds of defence and exemptions from criminal liability: The topic covers grounds of defences to criminal charges. These include coercion, civil subjection, necessity (ius necessitatis), the notions of justification and excuse at law, distinction between the notions of justifiable and excusable homicides or bodily harms, legitimate defence, and finally mistakes of law and mistakes of fact.

Criminal capacity: In this part the intellectual and volitional capacities of a subject of criminal law will be examined and in particular defences relating to a lack one of these capacities will be studied in detail. These include the defence of infancy, deaf-mutism, insanity and intoxication.

Criminal Attempts: The notion of a criminal attempt will be critically studied and selected legal theories relating to criminal attempts will be examined. In particular attention will be placed on the definition of an attempted offence, the distinction between preparatory acts, acts of commencement of execution and ultimate consummation of the offence, the notion of voluntary desistance and accidental non-consummation of the offence, the punishment for an attempted offence, and also the application of the notion of attempt to various classes of offences.

Complicity: Attention will be placed on the general rules applicable to all forms of criminal participation. In particular the person of the principal and the figure of the accomplice will be defined and the element of “common design” required between principal and accomplice will be studied. This part will also cover an in depth analyses of the acts of complicity (moral and physical participation); the relationship between the notion of complicity and the notion of attempt; real and personal circumstances; the instances when real circumstances are communicable to other accomplices in an offence; the punishment of principals and accomplices and finally the extent of individual liability of each of the parties to an offence.

Conspiracy: In this part the general rules applicable to all forms of criminal conspiracies will be examined. This part will cover the formal and material elements of the offence of conspiracy; the moment of completion of a criminal conspiracy; the punishment of co-conspirators and the relationship between conspiracy and the notions of complicity and attempts.

Concurrence of Offences: This part deals with the instances where one person is charged or accused with more than one criminal offence. The part will cover the manner in which the person charged or accused is to answer to each offence and the manner in which punishment is to be meted out.

Punishment: In this part a brief introduction to the theories underpinning the notion of punishment under our law will be examined. The part will also cover the nature, purpose, quantum and classification of punishment. An analysis of the forms of punishment will be undertaken and in particular the alternative non-custodial methods


of punishment (including the probation order and the suspended sentence) will be examined. Finally the instance of concurrence of punishments will also be discussed.


Mamo - Notes on criminal law J. C. Smith & Brian Hogan “Criminal law” Butterworths Tim H. Jones & Michael G.A. Christie “Criminal law” (Scottish) Clarendon

Press or Mccall Smith & Sheldon “Scots Criminal Law” Butterworths Andrew Ashworth “Principles of Criminal Law” Clarendon Press George P. Fletcher “Basic Concepts of Criminal Law” Oxford University Press Francesco Antolisei “Manuale di diritto penale” Giuffre Editori Bloy and Parry’s “Principles of Criminal Law” Cavendish Publishing

Further Reading:

Vincenzo Manzini “Trattato di Diritto Penale” (Parte Generale) UTET Francesco Carrara “Programma del corso di diritto criminale. Del delito, della

pena” (Parte Generale) Il Mulino Mike T. Molan “Sourcebook of Criminal Law” Cavendish Publishing C. M. V. Clarkson & H. M. Keating “Criminal Law: Text & Materials” Clarendon

Press Roger Geary “Understanding Criminal Law” Cavendish Publishing Norman Baird “Criminal Law (Q&A Series)” Cavendish Publishing P. Murphy (Ed) “Blackstone’s Criminal Practice” Blackstone Press P. J. Richardson & Thomas (Ed) “Archbold’s Criminal Pleading Evidence And

Practice” Sweet And Maxwell


AREA OF STUDY : POLITICAL PHILOSOPHY


PHI1104: Political Philosophy (nc)Type: LecturesECTS Credits: 4Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturer: Professor Joe Friggieri

Course Description:

Political Theory I: What is Political Philosophy? Power, authority and legitimacy. Society, government and the state. Forms of government. Democracy and government by consent. The separation of powers in a modern state. Political rights and freedoms. Liberty, equality and justice.

Political Theory II: This course will deal with the development of political philosophy from its origins in ancient Greece (Plato and Aristotle) to its revival in contemporary theories and debate.


Political Theory I: Andrew Heywood “Political Theory: an introduction” 2nd

edition, London, Macmillan, 1999 Political Theory II: Donald G. Tannenbaum and David Shultz “Inventors of

Ideas: An Introduction to Western Political Philosophy” Palgrave, New York, 1998


AREA OF STUDY – PUBLIC LAW


PBL2015: Administrative Law (nc)Type: Lectures and TutorialsECTS Credits: 8 Method of Assessment: 10% multiple choice end of the 1st Semester (1 hour)

10% coursework and tutorials80% examination at the end of 2nd Semester (3hours)

Semester: 1 and 2Lecturers: Professor Ian Refalo, Dr. Peter Grech, Dr. Marse

Anne Farrugia

Course Description:

The study unit covers the area of the General Principles of Administrative Law, The Agencies of Government and their function and Administrative Law under a comparative and E.U. Law perspective. The study unit looks at the nature of Administrative Law and its relations to Constitutional Law; as well as the different types of Administrative Law systems operative in democratic constitutions. Problems of redress of grievances and functions of the executive from the point of view of their control and limitations are focal points in this study unit as well as judicial review which are gone into in depth.

The study also comprises a study of the institutions of Government, the organisation of the civil service, public corporations and local authorities and examines the functions, duties and legal responsibilities of these institutions in a modern democratic society. The main topics covered include the Constitutional foundations of the administration of the State, the purpose of administrative action, public duties, the workings of the Executive, access to public employment, conditions of service and discipline of public officers, the Public Service Commission, access to information held by public authorities, the freedom of expression of public officers, conflict of interest in the public service, public finance, Local Councils, public corporations and government owned companies, the Ombudsman, and the accountability of the public sector.

Administrative Law is also looked at from a comparative perspective and the student will be asked to familiarise himself with other Administrative Law systems operative in democratic Constitution especially within the E.U. framework. The impact of E.U. law on administrative Law is also dealt.



Jurgen Schwarze “European Administrative Law” Luxembourg: Office for Official Publication of the European Communities, 1992

J. F. Garner “Administrative Law” Butterworth William Wade & Christopher Forsyth “Administrative Law” 7th Edition Claire De Than & Edwin Shorts “Public Law and Human Rights” Sweet &

Maxwell Hilaire Barnett “Constitutional and Administrative” 4th Edition Woolf De Smith & Jowell “Judicial Review of Administrative Action” Sweet and

Maxwell J. Beatson & Tridimas “European Public Law” Hart Publishing Lucio Pegoraro & Angelo Rinella “Introduzione al Diritto Publico Comparato”

CEDAM, 2002



Elective Law Study – Unit

PBL2005: Comparative Administrative Law Type: LecturesECTS Credits: 2Method of Assessment: Written test at the end of the 1st semester (1 hour)Semester: 1Lecturer: Professor Salvo Ando’

Course Description: The credit looks at the nature of Administrative Law and its relations to Constitutional Law; as well as the different types of Administrative Law systems operative in democratic constitutions. The credit concentrates principally on the problem of redress of grievances, and looks at the functions of the executive from the point of view of their control and limitations. Judicial review is gone into in depth.


Karen Alter “Establishing the Supremacy of European Law: The making of an international rule of Law in Europe” Oxford University Press, 2001 (pp. 1 – 64)

Maria Luisa Fernandez Esteban “The rule of Law in the European Constitution” The Hague; Boston: Kluiver Law International, 1999 (pp. 38 – 99)

William Wade & Christopher Forsyth “Administrative Law” 7th Edition (pp. 219 – 337)

Alex Carroll “Constitutional and Administrative Law” (pages 269 – 337) Peter de Cruz “Comparative Law in a changing world” 2nd Edition (pp. 1 – 180) John Marston & Richard Ward “Cases and Commentary on Constitutional and

Administrative Law” 4th Edition (pp. 202 – 467) John Hatchard & Peter Slinn “Parliamentary Supremacy and Judicial

Independence: a commonwealth approach: proceedings of the Latimer House Joint Colloquium June 1998” London, Cavendish Publishing, 1999

Francesco Bonini “Amministrazione e Costituzione: il modello francese” Carocci, 1999

Sir William Wade “Administrative Law” (pp. 219 – 314, 551 – 786)




PBL2006: Development Planning Legislation Type: LecturesECTS Credits: 2Method of Assessment: Written test at the end of the 1st semester (1 hour)Semester: 1Lecturer: Dr. Kevin Aquilina

Course Description:

This unit is intended to familiarise the student with Maltese Development Planning Law. It first outlines the historical evolution of planning legislation in Malta, discusses the organs established by the Development Planning Act. 1992, analysis the planning legislation currently obtaining in Malta, deals with development planning and development control, including the enforcement of such control, studies development offences and penalties as well as the relationship of the Planning Authority with other organs.


Textbook:

Kevin Aquilina “Development Planning Legislation: The Maltese Experience.” Msida, Mireva Publications, 1999

Reading Materials:

Latest edition, when available, of:

Kevin Aquilina “Decizjonijiet Dwar L-Ippjanar”. Sliema, Legal (Publishing) Enterprises, 1995. (Only Volumes I to VI has been published consisting of the decisions delivered by the Planning Appeals Board).

Kevin Aquilina “Humpty Dumpty and Planning Obligations in Law and Practice”, Valletta, the Malta Chamber of Advocates, Issue 1, December, 2000 (pp. 5 – 7)

Sandra Banks “Practical Planning Appeals and Inquiries” London, Longman Law, Tax and Finance, 1994

Claire Bondin “Maltese Planning Legislation: A Balancing Act?” LL.D. thesis, Faculty of Law, University of Malta, June 1999.

Felix Bourne “Enforcement of Planning Control: A Practical Guide” London, Sweet & Maxwell, 1992

Robert Carnwath, Garry Hunt & Anne Williams “Planning Appeals and Inquiries” London, Sweet & Maxwell, 1990 (4th Edition)

Sir Desmond Heap “An Outline of Planning Law” London, Sweet & Maxwell, 1991 (10th Edition)


Ross C. Henderson & Maurice O'Carroll “Town and Country Planning in Scotland” Dundee, Hillside Publishing, 1994.

Silvio Hili “Planning Development and the Environment: The Legal Implications” LL.D. thesis, Faculty of Law, University of Malta, 1995.

“Journal of Planning and Environmental Law” London, Sweet & Maxwell Legal (Publishing) Enterprises “The Building Construction and Land Laws”

Updated regularly. Legal (Publishing) Enterprises “The Building Construction and Land Laws -

Subsidiary Legislation” Updated regularly. Legal (Publishing) Enterprises CD Rom – Decizjonijiet Dwar L-Ippjanar.

Updated regularly. Ivan Daniel Mifsud “Appeals In Maltese Development Planning: A Comparative

Study” LL.D. thesis, Faculty of Law, University of Malta, June 1999. Victor Moore “A Practical Approach to Planning Law” London, Blackstone

Press Limited, 1987 (3rd Edition) Peter Morgan & Susan Nott “Development Control: Policy into Practice”

Butterworth & Co. Ltd (Publishers) Ltd., 1988 Charles Mynors “Planning Control & the Display of Advertisements” London,

Sweet & Maxwell, 1992 Michael Purdue & Vincent Fraser “Planning Decisions Digest” London, Sweet

& Maxwell, 1992 (2nd Edition) Jeremy Rowan-Robinson & Eric Young “Planning by Agreement in Scotland”

Edinburgh, W. Green & Son Ltd., 1989 A.E. Telling & R.M.C. Duxbury “Planning Law and Procedure” London,

Butterworth & Co. (publishers) Ltd., 1993 (9th Edition)

Complimentary Web pages:

Planning Authority Web Page (www.pa-malta.org) for all the decisions of the Planning Appeals Board.

Ministry of Justice Web Page (www.justice.gov.mt) for all legislation relating to Development Planning Legislation and for all the recent case law of the Maltese Courts.



http://www.justice.gov.mt/

http://www.pa-malta.org/


PBL2007: Public Corporations Type: LecturesECTS Credits: 2Method of Assessment: Written test at the end of the 2nd semester (1 hour)Semester: 2Lecturer: Dr. Kevin Aquilina

Course Description:

This unit is intended to familiarise the student with Maltese public corporations. First a public corporation is defined and distinguished from other entities. The various types of public corporations are discussed as well as their general features. Controls over public corporations are analysed and so is the pertinent legislation establishing public corporations. Finally, certain peculiar aspects of public corporations such as the institution of criminal proceedings against the said corporations are discussed.


Textbooks:

Kevin Aquilina “Notes on Public Corporations in Malta” October 2002. Wallace Philip Gulia “The Public Corporation in the Maltese Experience”

Valletta, Progress Press, 1970.

Reading Materials:

Latest edition, when available, of:

Bellizzi “The Malta Gas Board as a Public Corporation” DPA thesis, University of Malta, 1966.

J.A. Camilleri “The Royal University of Malta as a Public Corporation” DPA thesis, University of Malta, 1966.

J.A. Camilleri “Public Corporations in a Mixed Economy” Pacific Western University, Ph.D. thesis, 1985.

D.N. Chester “Organization of Nationalised Industries, The Political Quarterly” April-June 1950, No. 2

S. De Smith & R. Brazier “Constitutional and Administrative Law” London, Penguin Books, 1994 (7th edition).

Griffith & Street “Principles of Administrative Law” London, Isaac Pitman & Sons Ltd., 1957 (2nd edition)

O. Hood Phillips & P. Jackson “Constitutional and Administrative Law” London, Sweet & Maxwell, 1978 (6th edition)

BL Jones & K. Thompson “Garner’s Administrative Law” London, Butterworths, 1996 (8th edition)

ECS Wade & AW Bradley “Constitutional and Administrative Law” Longon, Longman, 1985 (10th edition)


HWR Wade & CF Forsyth “Administrative Law” Oxford, Oxford University Press, 2000 (8th edition)

DCM Yardley “Principles of Administrative Law” London, Butterworths, 1981. Neville Young “The Public Corporation in the Maltese Experience: A Case

Study of the Water Services Corporation” Faculty of Law, University of Malta, LL.D. thesis, 2003.

Complimentary Web pages:

Ministry of Justice Web Page (www.justice.gov.mt) for all legislation relating to Public Corporations and for all the recent case law on the subject.





PBL2008: Environmental Law Type: Lectures and TutorialsECTS Credits: 6Method of Assessment: Two tutorial sessions with practical exercises

which carries 50% eachSemester: 1 and 2Lecturer: Dr. Simone Borg

Course Description:

Introduction:The legal meaning of the term environmentEvolution of the law throughout the ages

General Principles:The use of natural resources as a common goodThe preventive approach and the precautionary principleThe polluter pays principleThe concept of sustainable developmentAccess to environment information and to justice in environmental matters

Basic Rights and Duties:The right to live in a safe environment (incl. interpretation of the constitutional right

to life)The duty to protect the environment from harmThe relationship between the provisions of the criminal and civil code and other

legal sources, with environmental law

The Environment Protection Act:General introduction re history and purpose of the ActThe principlesThe enabling provisionsThe institutions, their functions and powers and the administrative set upThe right of a separate action for environmental damagesEnforcement and the executive powers of the inspectorate


N.A.




PBL2009: Social Law Type: Lectures ECTS Credits: 2Method of Assessment: Assignment at the end of the 2nd semesterSemester: 2Lecturer: The Hon. Dr. Louis Galea

Course Description:

This study unit is meant to introduce students to the laws regulating the many areas in the social policy field. Particular attention is devoted to laws regulating issues of social security, social work, equal opportunities, disability, health and safety at work and drug trafficking. In the course of the credit students explore the principles animating the various laws in these fields and the relative linkages with European Union Directives and International Conventions.


N.A.




PBL2010: Press Law Type: Lectures ECTS Credits: 2Method of Assessment: Written Test at the end of the 2nd semester (1 hour)Semester: 2Lecturer: Dr. Joseph Micallef Stafrace

Course Description:

The purpose of this unit is to study the Press Law against the background of the right to freedom of expression enshrined in the Constitution of Malta and the applicability to Malta of art 10 of the European Convention on Human Rights. The Press Act itself is dealt with in detail and the enhancement of journalistic freedom brought about by the amendments introduced by Act X of 1992 is highlighted. It is also examined how judgements of the European Court are reflected in the more liberal approach characterising recent Maltese Case Law. Apart from the Press Act, other legal provisions concerning the press and parliamentary and Court reporting are also examined.

Erasmus/Socrates students can profitably opt for this unit in view of the emphasis laid on the European Convention on Human Rights and the Strasbourg Case law.


Geoffrey Robertson and Andrew Nicol QC “Media Law” Penguin, Law Andrew Nicol QC, Gavin Millar QC and Andrew Sharland “Media Law and

Human Rights” Blackstone’s Human Rights Series




PBL2011: Advanced Constitutional Law Type: Lectures ECTS Credits: 2Method of Assessment: Written Test at the end of the 2nd semester (1 hour)Semester: 2Lecturer: Professor Salvo Ando’

Course Description:

The purpose of the credit is to deepen the students’ understanding of certain institutes in modern Constitutional Law.In particular the credit will analyse the relationship that exists between different systems of Constitutional organisation and systems which protect the freedom and liberty of the individual.Central to this discussion will be an in depth inquiry into Constitutional justice. This will be tackled from a comparative perspective. The various philosophical ideas which lie at the basis of Constitutional justice will be looked at. Different models relative to the central notion of constitutionality and validity of laws will be compared, as well as the different disciplinary proceedings obtaining under the different Constitutions.


Salvo Ando “La difficile supremazia della Costituzione Maltese” C.F. Forsyth “Judicial Review and the Constitution” Oxford; Portland, Hart

Publisher, 2001 Mark Elliott “The Constitutional Foundations of Judicial Review” Oxford;

Portland, Hart Publisher, 2001 Sartori “The Theory of Democracy revisted Part I: The Contemporary debate”

Chatham House, 1997 Sartori “The Theory of Democracy revisted Part II: The Classical Issues”

Chatham House, 1987 David Held “Modelli di Democrazia” Il Mulino, 2004 H. Bull “Anarchical Society” Columbia University Press, 1979 T. Campbell “Justice” 2nd Edition Macmillan Press 2001 Samuel P. Huntington “The clash of civilization and the remaking of world

order” Free Press 1997



CVL2010: Family Law (nc)


Type: Lectures and TutorialsECTS Credits: 6 Method of Assessment: 10% coursework and tutorials

90% Examination at the end of 1st semester (3hours)Semester: 1Lecturers: Dr. Ruth Farrugia, Magistrate Lawrence Quintano,

Dr. Alfred Grech

Course Description:

This study-unit is taught during the first-semester of the second year of the LL.B. degree. It aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code under the title “Of Persons” and to cover the main provisions of the Promises of Marriage Law and the Marriage Act as subsequently amended. We will first deal with a close reading of the sections of the Civil Code relating to Rights and Duties Arising from Marriage and Parental Authority. We will also examine the sections of the Civil Code relating to Adoption, Filiations, Minority and Tutorship, Interdiction and Incapacitation and will make a brief reference to Absentees and acts of Civil Status within the context of Family Law. We will then focus on the provisions regulations Betrothal, the Celebration of Marriage, Formalities of Marriage, the legal bases for a Declaration of Nullity of a Marriage, and the Recognition of Marriages celebrated in accordance with a religious rite. The relevant Private international Law sections will also be treated in some detail. Finally, students will be given a basic grounding in the institute of Separation under the Civil code and introduced to the methods of case study, comparative research and some procedure. The emphasis will lie on the study of current legal provision, although an analysis of the amendments to the previous sections will also be conducted. Students will be expected to carry out research into decisions delivered by local courts with direct reference to the topics being covered in each lecture. Comparison with Continental, European and Anglo-American jurisprudence will be encourages, but will not be considered a sine qua non. Contemporary articles in legal journals will also be referred to throughout the course.


N.A.



CVL2011: Law of Property (nc)


Type: LecturesECTS Credits: 6 Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 2Lecturers: Dr. Patrick Galea, Mr. Justice Tonio Mallia

Course Description:

This study-unit is taught during the second semester of the LL.B. degree. It examines the concept of patrimony in Civil Law. After making the traditional distinction between iura in re and iura in personam, a more specific analysis is made of the concept of real rights. The right of ownership, the principal real right of enjoyment, and related actions are examined in some detail. We also deal with the concept of possession in Civil Law both from the point to view of a de facto exercise of real rights and as an element for acquisitive prescription. The juridical remedies for the protection of possession are examined in some detail. We then focus on the mode of acquisition of real rights by lapse of time (acquisitive prescription) and the mode of extinction of rights and actions by lapse of time (extinctive prescription). Although the two institutes are conceptually distinct, they are dealt with under the same title in the Civil Code, and the unit follows the traditional treatment of the subject. Finally the unit focuses on four important areas of Property law, corresponding to: (a) the Law of Expropriation, (b) that concerning Usufruct, Use and Habitation, (c) the Law of Servitudes and (d) the institute of Emphyteusis. Students will be expected to demonstrate a thorough knowledge of Maltese Law insofar as the subjects covered are concerned. This also necessitates an awareness of the opinions of leading Continental jurists.


N.A.

AREA OF STUDY – COMMERCIAL LAW


CML2005: Commercial Law (nc)


Type: LecturesECTS Credits: 9Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturers: Dr. Richard Camilleri, Professor Andrew

Muscat, Dr. Kris Borg, Dr. Massimo Vella

Course Description:

Basic Notions of Commercial Law

Aims and Objectives:

To enable students to understand the area covered by commercial law and the distinction and inter-relationship between commercial law and civil law in the Maltese juridical system;

To enable students to understand the juridical concepts of “act of trade” and “trader” which are used by the law to determine the boundary line between the areas governed by commercial law and the areas covered by civil law;

To enable students to discuss whether or not it is necessary and/or desirable to have a legal distinction between acts of trade and acts of a civil nature.

To enable students to understand the legal provisions relating to capacity to trade

Course Description:

What is Commercial Law? - the place of commercial law in the private law sphere;

The sources of commercial law in their order of priority, namely written commercial law, usages of trade and civil law;

The notion “act of trade”, its distinction from an act of a civil nature and its relevance in the private law sphere;

The classification of acts of trade; A detailed analysis of what constitutes an objective act of trade and a

subjective act of trade; accessory acts of trade; mixed acts of trade. The definition of a trader and the legal requirements for becoming a trader; The distinction between incompatibility and incapacity to trade; Emancipation of minors to trade, procedure for emancipation, termination of

emancipation.

N.B. The unit is based on the introductory articles of the Maltese Commercial Code namely articles 2 to12.

Duties of Traders (including unfair competition)



To enable students to understand the duties imposed by the Commercial Code on persons who in terms of law acquire the status of a trader;

To provide a detailed study of Maltese law relating to unfair competition

Course Description:

An overview of the legal duties of traders listed in the Commercial Code relating to the keeping of trade books; the publication of marriage contracts, and the limits of competition;

The duty of the trader to keep trade books; the obligatory and optional trade books; the probatory force of trade books;

The duty of a notary receiving a marriage contract or any deed varying such contract between persons any one of whom is a trader to file to register the contract;

The limits of competition and the action of unfair competition:o Historical developmento General characteristics and considerationso A detailed study of the various acts of unfair competition including: the

unlawful use of names, marks or distinctive devices, false indication of origin of goods, the spreading of news prejudicial to other traders a

o The action of unfair competition and the remedies

N.B. The unit is based on the legal provisions contained in Title II of Part 1 of the Maltese Commercial Code, namely articles 13 to 37

Commercial Intermediaries


To enable students to understand the various contracts and juridical figures which serve an intermediary function in trade;

To examine the legal provisions relating to such contracts and persons.

Course Description:

Persons auxiliary to trade – commercial intermediaries Agency in General (Rappresentanza) – powers of representation; acting in the

name of and for and on behalf of another person; Manager – juridical nature, functions and powers; Commercial Travellers and Salesmen - juridical nature, functions and powers; Commercial Agents - juridical nature, functions and powers; legal regulation; Brokers - juridical nature, functions and powers; legal regulation; Commission Merchants - juridical nature, functions and powers; Distributor - juridical nature.

N.B. The unit is largely based on the legal provisions contained in Title IV of Part 1 of the Maltese Commercial Code namely articles 49 to 109.


The Law of Business Organisations – Part I


To enable students to understand the various forms of business organisations used by the business community;

To enable students to understand the nature of the Partnerships en nom collectif and en commandite;

To enable students to understand the concept of liability of the partners for obligations of the partnership;

To enable students to understand the concepts of association en participation and the business concern.

Course Description:

An overview of the various forms of business organisations used by the business community

Partnership en nom collectifo Natureo Characteristicso Liability of the partners

Partnership en commandite o Natureo Characteristicso Liability of the partners

Association en Participation - nature Business Concern – legal nature in the light of Maltese case-law

N.B. The unit is largely based on the provisions contained in Parts II, III, IV (articles 4 to 66) and X (articles 376 to 383) of the Companies Act except with respect to the business concern which is based on Maltese case-law regarding the notion.

AREA OF STUDY – CRIMINAL LAW


CML2005: Criminal Law (nc)Type: LecturesECTS Credits: 8Method of Assessment: Examination at the end of the 2nd semester (3 hours)


Semester: 1 and 2Lecturers: Dr. Silvio Camilleri, Professor Guido De Marco,

Dr. Stephen Tonna Lowell, Dr. Stefano Filletti

Course Description:

This Module gives an overview of a number of criminal offences so chosen in order to illustrate the variety of interests which the Criminal Law seeks to protect while ensuring that the principal offences are dealt with. A comparative law approach is taken wherever possible since this affords new insights into the offences in question.

In the first semester the main offences against the safety of the Government and against Public Peace, Public Trust, the Administration of Justice and against Property are analysed in a systematic way which can be adapted for the analysis of any other offence. The general notions underlying each class of offences are examined in some detail and the elements of each offence are identified and explained. The offences discussed in this part vary from offences against the President, insurrection, and conspiracy against the State to various forms of unlawful assembly the distinctive features of each are highlighted; offences of documentary falsity which are examined against a background of general concepts such as the notion of document, the concept of falsity and its general elements, and the particular interest which the law seeks to protect; offences of perjury and false witness and offences akin to them; offences of theft and fraud the elements of which are compared and contrasted to bring out the difference between them.

In the second semester offences classified under the Criminal Code as offence against the person and offences against morals and the good order of families are studied. Here the offences of wilful and involuntary homicide and the various bodily harms are analyzed in detail with particular focus being laid on the nature of the nature of the intentional element with respect to each. The distinction between justifiable and excusable homicide/bodily harm is drawn and its effects explained. Finally, the more important sexual offences will be analysed from a robust comparative law perspective. In this context the offences of rape, abduction, defilement of minors, violent indecent assault and other offences including an overview of offences involving prostitution will be examined. Current developments and the evolution of case law with respect to the various offences will be explained.


N.A.



CVL3014: Law of Obligations (nc)Type: Lectures and Tutorials/Seminars


ECTS Credits: 8 Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2Lecturers: Mr. Justice Tonio Mallia, Magistrate Dr. Lawrence

Quintano, Dr. David E. Zammit

Course Description:

This study-unit is taught during the first and second semester of the final year of the LL.B. degree. It will address the Civil Code provisions relating to Obligations. The law of Obligations is a fundamental part of our legal system and students will be expected to know the Maltese law in great depth. The course will concentrate on Obligations in general, Pre-contractual liability, Contract, Quasi-contract, Tort and Quasi-tort, the Modalities of Obligations, the Effects of Obligations, the Modes of Extinction of Obligations and the Proof of Obligations. Particular attention will be given to Tort law, as also to Payment, Novation Set-off and Rescission. Students will be expected to adopt a comparative approach and to demonstrate a thorough knowledge of the decisions on the Maltese courts.

Tutorials/Seminars:

A series of tutorials and seminar sessions will be held throughout, with the aim of guiding students in their Civil law research, training them to apply the law to practical situations and preparing them for the exam. All students are expected to attend these tutorials and seminar sessions.


J.M.G. Ganado Third Year Lecture Notes in Civil Law (Malta University Press)G. Giorgi “Teoria delle Obbligazioni nel Diritto Moderno Italiano”B. Nicholas “French Law of Contract” Mazeaud, Henri et Léon, et André Tunc. Traité théorique et pratique de laresponsabilité civile délictuelle et contractuelleK. Zweigert & H. Kötz “An Introduction to Comparative Law”



CVL3001: Letting and Hiring (nc)Type: Lectures ECTS Credits: 2


Method of Assessment: Examination at the end of 1st semester (1.5 hours)Semester: 1 Lecturer: Dr. Patrick J. Galea

Course Description:

This study-unit is taught throughout the first semester of the final year of the LL.B. degree. The Law of letting and hiring is, to a significant extent, characterised by the special laws regulating leases of immoveable property in the interest of sitting tenant. This unit examines the basic contract of letting and hiring as regulated by the Civil Code and treats the special Rent Laws in some detail, also in the light of proposed amendments.


N.A.



CVL3016: Sale (nc)Type: Lectures ECTS Credits: 2


Method of Assessment: Examination at the end of 1st semester (1.5 hours)Semester: 1Lecturer: Dr. Patrick J. Galea and Magistrate Dr. Lawrence

Quintano

Course Description:

This study-unit is taught throughout the second semester of the final year of the LL.B. degree. It comprises of an in-depth study of the nature of Preliminary Agreements, the legal role of the Broker, the Warranties of the Seller, the Obligations of the Buyer and the Assignment of Debts and other Rights. Students will be expected to consult the most recent Maltese case law on the subject.


N.A.

AREA OF STUDY – COMMERCIAL LAW


CML3005: Commercial Law (nc)Type: Lectures ECTS Credits: 9


Method of Assessment: Examination at the end of the 2nd semester (3 hours)Semester: 1 and 2 Lecturers: Dr. Richard Camilleri, Professor Andrew Muscat, Dr.

Kris Borg, Dr. Massimo Vella

Course Description:

Commercial Obligations and Commercial Sale


To enable students to understand that, although the general law of obligations contained in the Civil Code is largely applicable to obligations of a commercial nature, the law introduces some changes to some of these rules in respect of commercial obligations;

To enable students to understand the issues which arise in connection with contracts concluded between persons “at a distance”;

To examine commercial sales.

Course Description:

Applicability of the general private law rules governing obligations to the commercial law sphere and the modifications introduced by commercial law;

An analysis of the Commercial Code provisions which modify the Civil Code provisions on obligations with respect to obligations of a commercial nature such as the joint and several liability of co-debtors and the surety with the principal debtor, the effect of the implied resolutive condition and assignment of litigious rights;

Formation of commercial contracts, particularly contracts stipulated by means of correspondence; offer and acceptance; offers by means of advertisements or catalogues or by the exhibition of goods;

The validity of exclusion and limitation of liability clauses in contracts; standard form contracts;

Applicability to commercial sales of the rules governing the contract of sale in general and the modifications introduced by commercial usage;

Transfer of property and risk as between seller and buyer, with special emphasis on credit sales, hire-purchase and leasing arrangements.

N.B. The first part of the unit dealing with commercial obligations is based on the provisions contained in Title V of Part 1 of the Maltese Commercial Code, namely articles 110 to 118. The second part is based mainly on Maltese case law regarding commercial sales.

Competition Law



To enable students to understand the rationale underlying Competition law To enable students to understand the basic concepts of Maltese Competition

Law in particular its two pillars namely (i) collusive behaviour which distorts competition and (ii) abuses of a dominant position

Course Description:

Why regulate competition?Overview of the Maltese Competition Act and its sources i.e. Articles 81 & 82 of

the EC Treaty;The notion of “undertaking” Collusive behaviour that distorts competition – Art. 5 Competition Act

Agreements and Concerted Practices between undertakings and decisions by association of undertakings;

Object or effect of restricting or distorting competitionExceptions Block Exemptions

Abuse of a Dominant Position – Art. 9 Competition ActDefinition of the “relevant market”What constitutes “dominance” and “collective dominance”What constitutes “abuse” – some instances of abuse such as predatory

pricing, tie-ins, essential facilities doctrineCompetition Authorities set up by the Act – the Office for Fair Competition and the

Commission for Fair TradingEnforcement

N.B. The unit is based on the Maltese Competition Act but frequent reference is made to EC Competition Law in view of the fact that it is the acknowledged source of the Maltese Act and the Act itself directs the Maltese Competition Authorities to take into account EC law in interpreting the Maltese legal provisions.

The Law of Business Organisations – Part II


To enable students to understand the nature of a limited liability company as a corporate entity and a legal person;

To enable students to understand the concept of the limited liability of shareholders;


To enable students to understand the requirements which are necessary to set up a company and the differences between the types of limited liability companies;

To enable students to understand how a company operates;To examine the Company’s organs, agents and officers.

Course Description:

The company as a legal entity;The different types of companies;The functions of companies;Company formation and operation;The corporate entity principle and the notion of the lifting of the corporate veil;The ultra vires doctrine;The concept of capital;The company’s organs and agents;Directors, Company Secretary and other officers – appointment, role and duties;Protection of Minority Rights;Pledging of shares;Financial accounts;Filing rules and penalties.

N.B. The unit is largely based on the provisions contained in Title I of Part V of the Companies Act namely articles 67 to 213

AREA OF STUDY – INTERNATIONAL LAW


INL3005: International Law (nc)


Type: Lectures ECTS Credits: 10Method of Assessment: 10% assignment at the end of the 1st semester

90% examination at the end of 2nd semester (3 hours)Semester: 1 and 2Lecturers: Professor David Attard, Dr. Patricia Cassar

Torregiani, Dr. Simone Borg

Course Description:

Introduction to International Law I

This unit is designed to introduce the student to the main principles of international law; special emphasis is made on the Maltese perspective. It covers the basic general principles of the subject such as: the nature, workings and sources of international law, treaty law, and the relationship between international law and municipal law. It also deals with the legal personality of the subjects of international law (States, organizations, individuals and controversial candidates), principles of jurisdiction, State responsibility, and the recognition of States and Governments.

As part of this unit the Department organizes, in cooperation with the European Law Students’ Association, an international seminar on a major contemporary issue of international law.

Selected Areas of International Law

This unit is designed to train students to apply the basic principles examined during the first semester to specialized branches of international law. The following are examples of branches examined in this unit: the law of diplomatic privileges and immunities, the peaceful settlement of international disputes, the law of human rights, the law of environmental protection with special emphasis on the protection of extraterritorial areas, and the law of the sea, with special emphasis placed on the situation pertaining to Malta.

As part of this unit the Department organizes a series of seminars addressed by eminent speakers. In the past academic year, the following personalities have addressed the students:

- Ms. Cherie Blair Q.C. (Leading Human Rights Lawyer),- Professor Vaughan Lowe (Chichele Professor of International Law, Oxford University);- Professor Paul Kennedy (Director, Institute of Security Studies, Yale University).



I. Brownlie “Principles of Public International Law”M. N. Shaw “International Law”P. Malanczuk “Akehurst’s Modern Introduction to International Law”D. P. O’Connell “The International Law of the Sea” (2 Volumes)R. R. Churchill and A. V. Lowe “The Law of the Sea”

Periodicals

American Journal of International LawEuropean Journal of International LawInternational and Comparative Law QuarterlyBritish Yearbook of International Law

Cases and Materials

Reports of the International Court of JusticeInternational Law ReportsInternational Legal MaterialsI. Brownlie, Basic Documents in International LawD. J. Harris, Cases and Materials in International Law

Selected Websites

American Society of International Law http://www.asil.orgElectronic Informational System for International Law http://www.eisil.orgUnited Nations http://www.un.orgInternational Maritime Law Institute http://www.imli.orgInternational Court of Justice http://www.icj-cij.orgInternational Law Commission http://www.un.org/law/ilc/Ministry of Foreign Affairs of Malta http://www.foreign.gov.mt/

AREA OF STUDY – EUROPEAN LAW


ECL3005: European Law (nc)


http://www.foreign.gov.mt/

http://www.un.org/law/ilc/

http://www.icj-cij.org/

http://www.imli.org/

http://www.un.org/

http://www.eisil.org/

http://www.asil.org/

Type: Lectures ECTS Credits: 10Method of Assessment: Examination at the end of 2nd semester (3 hours) Semester: 1 and 2Lecturers: Professor Peter G. Xuereb, Dr. Eugene Buttigieg,

Dr. Ivan Sammut

Course Description:

The course covers the main heads of the European Union’s Legal Order. It starts with a chronological history of the development of the legal order via the conclusion of the first Treaties and the various amending treaties up to the current time. From the start the contribution of the European Court of Justice to this development is highlighted. Then follows an overview of the institutions of the EC and the Union, their composition (briefly) and their powers, including the concept of institutional balance. The next topic is Decision-making in the Union, with emphasis on the Community method. This is followed by the Principle of Supremacy of Community/Union Law and the relationship of Union Law and National law, as well as the relationship between the European Court of Justice and national courts. Then we examine the so-called General Principles of Community Law, through the case-law of the European Court of Justice. This is followed by a study of the Principles of Direct Applicability, Direct Effect and of State Liability, and remedies in national courts. This usually takes us to the end of the first semester. The second semester is devoted to the Jurisdiction of the European court of Justice, covering the Preliminary Rulings Procedure, Enforcement Actions, and the Direct Action for Annulment. We normally to add to this an introduction to the substantive law of the EC in the shape of the Free Movement of Goods provisions of the Treaty as interpreted and applied by the European Court of Justice. Students will have the opportunity on the LL.D degree to select options in substantive (i.e.policy areas) Community /Union law.

The objective is to cover the main elements of the so-called Community Legal Order, which has an inherent dynamic to become over time the essential legal order of the Union as a whole and much of which applies across the sphere of competences of the Union. The student will develop an understanding the legal perspective of the evolution and the workings of the Union, with emphasis on the relationship between Community/Union Law and National Law and the approach and methodology of the European Court of Justice in interpreting, developing and applying Union Law.

N.B. Textbooks are as advised on the Booklist distributed at the start of the academic year. Materials will be supplied at every stage of the course to supplement the textbooks.



PBL3001: Industrial Legislation I


Type: LecturesECTS Credits: 2Method of Assessment: Written Test at the end of the 1st semester (1 hour)Semester: 1Lecturer: Mr. Justice Joseph R. Micallef

Course Description: This unit provides an examination of the law relating to the conditions of employment in the private sector.

An introductory historical approach underlining the sources and development of Industrial Legislation in Malta.

Discussion of basic legal terms and concepts, and the various types of employment or service contracts.

The recognised conditions of employment. The Employment Relations Board. Protection of wages; safeguards against discrimination, victimisation and harassment at work.

Termination of the employment contract; unfair dismissal; penalty clauses and clauses in restraint of trade.


Amoroso, V. Di Cerbo, A. Maresca “Il Diritto di Lavoro (Vol II)” Giuffre’, 2001 S. D. Anderman “The Law of Unfair Dismissal” Butterworths, 1978 D. W. Crump “Dix on Contracts of Employment” Butterworths 5th Edition 1976 G. Ferraro “I Contratti di Lavoro” Cedam 2nd Edition, 1998 R. Rideout “Principles of Labour Law” Sweet & Maxwell 5th Edition, 1989 N. M. Selwyn “Selwyn’s Law of Employment” Butterworths 10th Edition, 1998



PBL3002: Industrial Legislation IIType: Lectures


ECTS Credits: 2Method of Assessment: Assignment at the end of the 2nd semesterSemester: 2Lecturer: Mr. Justice Joseph R. Micallef

Course Description: This unit aims at providing an understanding of the law relating to industrial relations relating to both the private sector employment as well as the public service.

A discussion of the “social partners” involved in industrial relations; the personality, functions, rights and responsibilities of trade unions and employers’ associations; union membership; questions of recognition.

Collective bargaining; the industrial or collective agreement. Trade Union liability in industrial disputes. Voluntary and compulsory settlement of disputes. The limits of lawful industrial action; the right to strike. The Industrial Tribunal: constitution, competence and jurisdiction. The position of the public officer: engagement, tenure and dismissal.

N.B. It is highly recommended to take also the study unit PBL3001 – Industrial Legislation I in the 1st semester


S. D. Anderman “Labour Law: Management Decisions and Workers’ Rights” Butterworths 3rd Edition, 1998

S. Auerbach “Legislating for Conflict” Clarendon Press, 1990 Benson Edition “The Law of Industrial Conflict” McMillan, 1988 P. Hain “Political Strikes: The State & Trade Unionism in Britian” Penguin,

1986 M. Whincup “Modern Employment Law” Butterworth-Heinemann 9th Edition,

1997



PBL3003: General Introduction to Principles of Taxation (nc)Type: LecturesECTS Credits: 4


Method of Assessment: 50% written test end of 1st semester (1 hour) 50% oral test end of 2nd semester For a student to obtain the study unit, he needs a pass in both the written and oral test. The tests do not compensate for purposes of obtaining a pass, but otherwise the grade obtained will depend on the average of both tests.

Semester: 1 and 2Lecturer: Dr. Robert Attard

Course Description:

General Introduction

Principles of Taxation will introduce to the students to the main Maltese taxation legislative instruments. The emphasis will be on Income Tax but the course will incorporate a general introduction to Value Added Tax and Duty on Documents on Transfers. Taxation will not be discussed in isolation but will be studied as part of the general body of Maltese law. Accordingly, Principles of Taxation will not only discuss the concept of chargeable income, jurisdiction to tax, the determination of the tax charge but will also explore the inter-relationship between taxation and other laws. Given the importance of the financial services industry the subject will also discuss in some length the subject of international taxation.

N.B. Students are to pass from both written and the oral examinations without being compensated.

Module 1 (1st Semester)

Introduction to Taxation Types of Taxes General Introduction to Taxation Instruments Taxation as an interference to Fundamental Human Rights

The concept of Chargeable Income The concept of chargeable income The charging provisions Deductions Exemptions Capital Gains as a tax within a tax

Jurisdiction to Income Tax Source Jurisdiction Ordinary Residence & domicile Temporary Residence

The Determination of the Tax Charge Classification of taxable persons Applicable rates


Withholding taxes, provisional taxes and other tax collection processes

Assessments, Objections & Appeals (Income Tax) The Powers of the CIR The CIR as a quasi-judicial authority Judicial Review of the CIR’s discretions

Minimising the Incidence of Taxation Tax Evasion Tax Avoidance Tax Mitigation

Module 2 (2nd Semester)

Introduction International Taxation Sources of law Domestic provisions with an international outlook International taxation instruments

Tax Accounting & the Refund mechanism Allocating profits to tax accounts Distributions from the Foreign Income Account

Double tax Treaties Aims & Objectives The OECD Model Elimination of Double Taxation in practice

Unilateral Relief Mechanisms Unilateral Relief & Relief for Underlying Tax The Flat Rate Foreign Tax Credit

A General Introduction to VAT Definition of VAT Tax collection process Input & Output VAT Possibility to Recover Input VAT Types of supplies and applicable regimes

The Duty on Documents and Transfers Act Scope Chargeable Transactions

Sources:

Legislative InstrumentsCap. 123 of the Laws of MaltaCap. 372 of the Laws of MaltaCap. 406 of the Laws of Malta


Cap. 364 of the Laws of Malta

Internet Sites

www.ird.gov.mtwww.vat.gov.mthttp://www.mfsa.com.mt/mfsa/default.asphttp://www.taxbar.com/articles.html


Rober Attard “An Introduction to Income Tax Theory” (2005) Brian Arnold & M. McIntyre “International Tax Primer Netherlands” Kluwer Law,

1995 P. Baker ”Taxation and the European Convention on Human Rights” British

Tax Review, 2000. (all published on the net taxbar.com) P. Baker “The Decision in Ferrazini, Time to Reconsider the Application of the

European Convention” (all published on the net taxbar.com) P. Baker “Tax Avoidance, Tax Mitigation and tax Evasion” (all published on the

net taxbar.com) A. Borg Olivier “The Concept of Domicile in Tax Legislation with Special

Reference to Maltese Law” University of Malta LL.D. Thesis 1997 S. Gauci “The Relationship Between the Taxpayer and the Commissioner of

inland Revenue under the Income Tax Acts” University of Malta LL.D. Thesis 2003

Kath Nightingale “Taxation Theory and Practice” 2002 Ian Refalo “Decizzjonijiet Dwar id-Dritt Privat Internazzjonali” Edwin Vella “Notes on Income Tax Malta” Progress Press 1968


Elective Law Study - Unit

PBL3010: Occupational Health & Safety Legislation Type: Lectures ECTS Credits: 2Method of Assessment: Assignment at the end of the 2nd semesterSemester: 2Lecturers: Dr. Joseph Zammit McKeon


http://www.taxbar.com/articles.html

http://www.mfsa.com.mt/mfsa/default.asp

http://www.vat.gov.mt/

http://www.ird.gov.mt/

Course Description:

The Civil Code

The nature, purpose, general duties and principles of civil liability with particular reference to strict liability as distinct from fault based liability in employer-employee relations

Maltese Statute Law

The historical evolution of Maltese OHSL leading to the enactment of the Factories Ordinance 1940 : detailed analysis and application

The evolution of Maltese OHSL through the enactment of the Occupational Health and Safety (Promotion) Act 1974 until its repeal : detailed analysis and application

The enactment of the Occupational Health and Safety (Authority) Act 2000 [Chap.424] as a crucial turning point : detailed analysis and application

English Law

As OHSL in Malta was heavily influenced by English Law, a short and concise insight into English Law is necessary with particular reference to the position before and after the enactment of the Health and Safety At Work Act 1974

Maltese Subsidiary Legislation

A study of the subsidiary legislation as it evolved with particular emphasis on that legislation still in force.

Other relevant Maltese statutes

Social Security Act [Chap.318] Merchant Shipping Act [Chap.234] Employment and Industrial Relations Act [Chap.452]

Civil Court Judgements

A critical analysis of court judgements regarding civil liability of employers towards their employees

The European Union


The Framework Directive The Individual Directives

Factories Ordinance 1940 [Chap.107] – repealed by the Occupational Health and Safety (Promotion) Act 1994 – [Chap.367] – repealed by the Occupational Health and Safety Authority Act 2000 – [Chap.424]

Regulations [as amended] enacted under Chap.107 saved by Chap.367 and still in force by virtue of Chap.424 :-

Factories (Woodworking Machinery) Regulations 1949 Government Notice 787 of 1949

Dock Safety Regulations 1953 Government Notice 497 of 1953

Factories (Superintendence and Control of Plant) Regulations 1954 Government Notice 340 of 1954

Factories (Hoists and Lifts) Regulations 1964 Legal Notice 47 of 1964

Building (Safety) Regulations 1968 Legal Notice 96 of 1968

Steam and Hot Water Boilers Regulations 1976 Legal Notice 34 of 1976

Power Presses Regulations 1984 Legal Notice 25 of 1984

Factories (Health, Safety and Welfare) Regulations 1986 Legal Notice 52 of 1986

Occupational Health and Safety (Promotion) Act 1994 - Act VII of 1994 - Chapter 367 - repealed by Occupational Health and Safety Authority Act 2000 – Act XXVII of 2000 – Chapter 424

Regulations [as amended] enacted under Chapter 367, saved by Act XXVII of 2000 and still in force :-

Protection of Young Persons at Work Places Regulations 2000 Legal Notice 91 of 2000Protection of Maternity at Work Places Regulations 2000 Legal Notice 92 of 2000

Occupational Health and Safety Authority Act 2000 – [Chap.424]


Regulations enacted under Chap.424 and in force :-

Occupational Health and Safety Appeals Board (Procedural) Regulations 2002 Legal Notice 10 of 2002

Minimum Health and Safety Requirements for Work with Display Screen Equipment Regulations 2002 Legal Notice 43 of 2002

Work Place (Minimum Health and Safety Requirements) Regulations 2002 Legal Notice 44 of 2002

Work Place (Provision of Health and, or Safety Signs) Regulations 2002 Legal Notice 45 of 2002

Protection Against Risks of Back Injury at Work Places Regulations 2003 Legal Notice 35 of 2003

General Provisions for Health and Safety at Work Places Regulations 2003 Legal Notice 36 of 2003

Control of Major Accident Hazard Regulations 2003 Legal Notice 37 of 2003 [as amended]

Regulations establishing a list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work 2003 Legal Notice 120 of 2003

Minimum Requirements for the Use of Personal Protective Equipment at Work Regulations 2003 Legal Notice 121 of 2002

Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 2003 Legal Notice 122 of 2003

Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations 2003 Legal Notice 123 of 2003

Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations 2003 Legal Notice 227 of 2003

Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations 2003 Legal Notice 228 of 2003Protection of Workers in the Mineral Extracting Industries through Drilling and of Workers in Surface and Underground Mineral Extractinn Industries Regulations 2003 Legal Notice 379 of 2003

Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having Explosive Atmospheres) Regulations 2004 Legal Notice 41 of 2004


Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations 2004 Legal Notice 185 of 2004

Work Place (Minimum Health and Safety Regulations for Work at Construction Sites) Regulations 2004 Legal Notice 281 of 2004

Work Equipment (Minimum Safety and Health Requirements) Regulations 2004 Legal Notice 282 of 2004


WEBSITES

www.justice.gov.mt

www.doi.gov.mt

www.osha.org.mt

BIBLIOGRAPHY

Employer’s Liability towards his Employees and Third Parties – George Hyzler Doctorate of Laws Thesis - University of Malta – 1979

The Law Relating to Health and Safety at Work – Joseph Zammit McKeon Doctorate of Laws Thesis - University of Malta – 1981

Recent Developments in Occupational Health and Safety Law Pauline Debono Doctorate of Laws Thesis - University of Malta – 2004

Bibliography quoted in the above thesesSocial EuropeEuropean Commission – 3/1993

Health & Safety – The LawJames Jackson – The New Commercial Publishing Company Ltd. – 1979

Health and Safety Law B Barrett and R Howells

The M & E Handbook Series – Longman – 1993

Occupational Health and Safety Law : Text and Materials Second Edition – Brenda Barrett & Richard Howells Cavendish Publishing Limited - 2000


http://www.doi.gov.mt/


European Commission

“European Union Policy and South/East Dialogue” 05/0223

Faculty of Laws

Academic Year 2006/2007

Prof. Pasquale Saccà Jean Monnet Chair ad personam European CommissionThe Jean Monnet Action intends to make young people more aware of the European Union, providing them with Knowledge so that they are better able to take advantage of the opportunities offered to European citizens by European integration.


Course duration First and Second semester 2006/2007 Commencing 30th October 2006

This year’s course aims to provide a complete vision of the policy of the European Union in the context of the dialogue to support Mediterranean integration and Eastern enlargement. To better focus on these themes, the course is divided into two parts with a total of five modules.

ECL3006: “European Union Policy and South/East Dialogue” I The Policy of the European Union Integration Process and Internal Democracy

Type: Lectures (attendance is obligatory)ECTS equivalent: 8Method of Assessment: 20% Presentation, 30% Assignment (3000words)

and 50% Oral ExaminationSemester: 1 and 2Lecturer/s: Professor Pasquale Saccà

The first part, consisting of three modules, examines the policy, the institutions and history of European integration.

The first module looks at European Union Policy; European integration also involves integration with the countries to the south of the Mediterranean and Eastern Europe. However this process depends on external and internal challenges: if we want to maintain peace in Europe, we must face and deal with these challenges peacefully; it is necessary to understand European Union policy in the international context and to understand the Constitutional Treaty for the European Constitution.

The second module examines the opportunity in the near future to define a clear, single, logical and more democratic Constitutional system: the European Constitution. Now there is the Treaty of Nice which was approved after three reforms of the original Treaties. These reforms regard: the Single Act and the Maastricht and Amsterdam Treaties.

There is a need to move towards a wider and deeper integration since this process permits the European Union to balance the power between small and large States and reinforces the affirmation of Community Law, through a constant and slow evolution of the institutional dialectic. The role of the European Commission has been fundamental for the success and prominence of the European Union. Community Law is pre-eminent with respect to the internal law of each member State, and it has a direct impact on the political decisions of all the countries which have joined the European Union.

The third module gives a historical overview of EEC from the Messina Conference to the fall of the Berlin wall. It examines the role of the Summits of Heads of State or


government, so that one can better understand the success of this uniquely peaceful integration of States. The subsequent adhesions to the EEC/EU and the role of Germany in this process, the decisions made after the fall of the Berlin wall are all addressed so as to explain more clearly the success of peace in the EU. If European citizens want to maintain peace they have to answer positively to the increasing numbers of requests for membership.

The first part of the course will conclude with a seminar about the role of the EU in the international, historical and institutional context. The students will have a clear idea what the E.U. is to day, what its political and institutional limit is and what the historical path has been to build and to keep peace in Europe, after the second world war, the fall of the Berlin wall and 11 September 2001.

ECL3007: “European Union Policy and South/East Dialogue” II The Single Market, the Euro, Co-operation and Partnership in the New Europe and Mediterranean Region

Type of Study-unit: Lectures (attendance is obligatory)ECTS equivalent: 4Method of Assessment: 20% Presentation, 30% Assignment (3000words)

and 50% Oral ExaminationSemester: 2Lecturer/s: Professor Pasquale Saccà

The second part has two modules (fourth and fifth) and explains the Single Market and the role of the Milan Summit, with a logical programme of financial intervention to facilitate integration, such as the structural funds and the cohesion fund.


Last but not least the fifth module looks at European Integration in the context of a dialogue between countries to the South of the Mediterranean and Central East countries and considers internal and external challenges related to this dialogue.

The fourth module in particular addresses the European Council of Milan a summit which was a great turning point. The European Community with the summit of Milan established a logical schedule of objectives according to fixed dates, - for example, 1992.

At this Summit the first reform of the Rome Treaty was agreed, there was also a debate on the Adornino report named ‘Europe of citizens’ and a debate about the White Book on the completion of the Single Market. But the birth of a Single Market also means a Single Currency, as well as the reform of every single Structural Fund. These European financial instruments help to integrate the marginal areas of the E.U. The usefulness of these Structural Funds is that they permit the participation of local authorities and civil society in setting up community programmes which integrate different areas of the EU.

In this context (internal integration and new border States), the Single market, the Euro, and the relationships with the New Neighbours are fundamental instruments for encouraging development. However there is a need for political decisions at European level for friendly and constructive dialogue with new border States and also so that it is possible to manage European policy with Russia. The Euro is now the most important currency in international trade and financial markets after the dollar and if it is supported politically it can play a greater role in commercial relationship with Asia. All this means a political role for the EU and the political capacity to arrange financial instruments to help new European poor countries. This EU with its budget 2007-2013 requires a new budget for a new enlargement: an egoistic vision does not help the adhesion of Turkey.

The fifth and final module analyses Mediterranean integration in international developments. In this context the political role of the EU has to bring together Eastern Europe and the South Mediterranean region, this capacity to further integrate the EU through a dialogue between Eastern countries and Southern countries will be a success for the political role of the EU.

This integration process and dialogue occur within the context of the Barcellona process and African development, the cohesion instruments and Meda instruments. The method used and the aims in the management of the financial instruments have always been the same. The role of new technologies in Information Society, the knowledge of the Erasmus network and the Lisbon process in this South/East dialogue help to understand this Europe which since 1 May 2004 has consisted of 25 member states, and which has to integrate other countries and to complete this long process together with Turkey.

This Europe will continue to enlarge in order to maintain peace; however in order to maintain peace with other European people, the EU must have a European


Constitution. The Course will conclude with a seminar bringing students up to date with the new internal and external challenges of European integration.


University of Malta Faculty of Laws Bachelor

Documents

Transcript of University of Malta Faculty of Laws Bachelor