Suchergebnisse

When Malta applied for membership in 1990, both EU consumer law and Maltese consumer law were in their infancy and in a state of evolution. In late 1998, the European Commission allowed Malta to re-ignite its accession application, which had been suspended by the new incoming Labour party government in 1996. As a result, Malta had to start in earnest and haste the negotiation and transposition of an extensive compendium of Directives, decisions and other measures comprised in 29 of the 32 chapters into which the acquis commimautaire was conveniently arranged for accession purposes. The other three chapters were institutional and were not negotiable or transposable. A chapter of EU law dealt with consumer protection, and most of the measures were in the form of minimum directives. 1 New important measures were being adopted at Union (at that time Community) level even while the island's accession procedures were slowly progressing. The directives which required transposition by Malta before accession are listed in Table 6.1 below. While retaining its primary focus on the measures comprised in this Consumer Protection chapter of EU law, this study makes several references to other consumer measures which might arise from other parts and chapters of the acquis. The reference to Metrology under section 15 of this chapter is a case in point. ; peer-reviewed

This paper is meant as a brief discussion document of interest to members of the legal profession and others. It seeks to highlight various current issues and challenges having an impact on professionals and professional ethics. Much activity has been undertaken in past years to try to ensure that categories such as members of different professions, public officers and company officials respect a minimum standard of conduct in their behaviour. Codes of Conduct are sprouting everywhere, including Malta, and even in business where they are often found managed by marketing people rather than by compliance officials. Indeed, to take just one illustration, Enron had a wonderful Code of Ethics replete with nice positive messages. ; N/A

Regulation is a fascinating subject which affects many areas of commercial activities and which often plays a significant role in determining how these activities are carried out and by whom. Regulation in Malta is evolving but it also appears to be under stress. New regulatory structures are being set up as old structures find themselves questioned and re-drawn, often with ambiguous results and uncertain benefits. Some regulators are not as autonomous as some imagine them to be or indeed as the legislation itself would have envisaged them to be. Several politically appointed persons in leading regulatory positions are really occasional or accidental regulators rather than professional regulators. A few unlikely regulators still try too hard to please and to remain close to their political masters. This mindset inevitably distracts them from the higher mission of protecting the general interests of the community and the legitimate expectations of consumers. Governing boards are filled by political appointees, a method which does not guarantee competence or diligence. Several people occupy senior regulatory positions without enjoying adequate background or sufficient knowledge and competence. Like politicians, including ministers, they are not subjected to a fit and proper due diligence test, either upon their appointment or on an ongoing basis. A number of recent interesting developments in the local regulatory field are considered below. ; peer-reviewed

For many years, Malta did not have a law which specifically dealt with whistleblowing. No law acknowledged or defended whistleblowers. As in other countries, whistleblowers in Malta have generally faced great difficulties and suffered retaliation for their deeds. A few years ago, whistleblowing was acknowledged in a few provisions in employment law but these were rather incomplete and were not supported by any proper structure. After a number of false starts, theMaltese Parliament finally passed a 'Protection of Whistleblowers Act' in 2013. This was the first ever comprehensive law on the subject; but is it good enough and do whistleblowers feel safe now? The writer argues that the law does not protect all disclosures and various onerous conditions have been imposed in the law. A prospective whistleblower should seriously consider his position before reporting wrong-doing or corruption in his work place. This chapter concludes that in Malta, despite the recent 2013 Act, whistleblowing remains a very risky and thankless decision. ; peer-reviewed

PH.D.LAW ; Included in the 2004 enlargement, Malta is one of the EU's newer and smaller Member States. It had applied to join in 1990. This thesis tries to make an original contribution to knowledge of how Maltese consumer law and policy evolved in the fifteen year period which opened with Malta's application to join the EU in 1990 and ended with its accession and consequential membership. These fifteen exciting years marked the formative years both of Malta's relationship and ever closer ties with the Community and of its own burgeoning interest in consumer protection policy and legislation. In 1990, both EU consumer law and Maltese consumer law were in a state of flux and evolution. New important measures were being adopted at Community level even while the island's accession procedures were slowly progressing. Accession transposition obligations have considerably helped shape and determine the content of Maltese consumer law up to membership in 2004 and beyond. The thesis addresses fundamental questions that cumulatively throw light on how successfully domestic consumer law inter-played with EU consumer Directives, and the various contexts in which this happened. These include: (a) the state of play of Maltese consumer law in 1990 and how it evolved in the period under review and how it embraced Community law; (b) the debt owed by Maltese consumer law to Community law; how and where the Community Directives were transposed, and how well the transposition measures integrated with the local legal system; (c) how the highly divided and confrontational local political scenario influenced the development of domestic consumer law and the accession transpositions; (d) the role played by the Civil Code in this process; (e) other factors that have helped shape the development of the legislation and the nature and quality of the transpositions; and (f) the fate of national initiatives in consumer law and policy before and following accession. The findings suggest that, at least in the case of Malta, accession considerations and the EU Directives specifically helped to shore up national consumer law development to a significant level. Maltese consumer law probably reached its highest point in the years 2000-2001. By the end of the accession process, indigenous consumer law and policy struggled to survive the advent of ever more European Directives. Accession initially produced undoubted benefits for consumers in this new Member State, but may have later had unintended negative consequences. Originally introduced as a by-product of the accession project, the EU Consumer Directives today increasingly make up the essence of Maltese consumer law. This thesis states the law as at 31 December 2014 ; N/A

What have Manchester United Football Club, Trafigura, the island of St Barts, pirates, hedge funds, Radio Caroline, the only seven star hotel in the world, The Waste Makers, Enron and extraordinary rendition have in common? They all find a place in this well-documented and impressive work, which unveils the networks of concealment, wealth, evasion, excess and power which lie at the root of the concept of offshoring. Indeed, Urry reserves some harsh words to his subject: "Offshoring erodes 'democracy' and, more generally, notions of fairness within and between societies" (p. 10). He also describes it as "an account that emphasizes avoidance, rule-breaking, irresponsibility, and secrets as the 'rich class' remade the world in its interests". Offshoring is about how the rich are allowed and encouraged to steal a couple of marches over the rest, which, at little cost, enable them to become even richer. The writer also refers to the "dark side" of the new class warfare which is being waged, "enabling the rise and rise of the rich class". ; N/A

This paper takes a fresh look at a judgement given by the European Court of Justice (ECJ) in 19853 and argues that it contained serious flaws and unfortunate and costly contradictions. It involved a suit for damages against the European Commission (EC) instituted by a person who today is considered one of the world's most famous whistleblowers. He also happened to be Maltese. It was one of the very first cases where the EC was sued for damages. ; peer-reviewed

New countries continue to apply to join the European Union (hereinafter 'EU'). In this context, the transposition of the EU Directives and acquis at the pre-accession stage remains a relevant subject for academic examination. This paper seeks to shed some further light on this legislative phenomenon unique to the EU. It examines developments happening beyond Malta's borders and investigates transposition processes being currently undertaken by several countries that are seeking membership in the EU. The focus of this paper is on how the prospective new applicant and candidate States are dealing with the transposition of the EU consumer protection Directives. Malta had undergone this exercise largely during the period 1999 and 2001 when most of the Directives which Malta was obliged to transpose became part of national legislation. The consumer Directives have changed and evolved since Malta's accession. The consumer chapter of the acquis has grown since 2004 making the task of complete transposition a bigger and more complex one than Malta had encountered. At the time of writing, Croatia had just signed an accession treaty and EU membership was approved by a clear majority in a popular referendum. This paper seeks to place Malta's own experience in the negotiation and transposition of the consumer acquis in the context of the same accession procedures being pursued by current candidate states, namely Iceland, Turkey, Serbia and indeed Croatia itself. It will also trace developments in the unusual and unique situation of the self-described Turkish Republic of Northern Cyprus, more correctly referred to as the Turkish Cypriot Community, which does not enjoy international recognition. The comparative approach adopted in this paper seeks to offer novel perspectives and unexpected insights arising from current approaches to the transposition of the EU's consumer acquis. ; N/A

The brief paper reflects on the position of company directors and other officials of companies which have obtained an authorization under legislation which govern the provision of financial services in Malta. This area of economic and professional activity ranks among the most extensively regulated sectors in our legislation. This heightened level of regulation tries to ensure that persons and companies operating in the sector are fit and proper and that their activities would not prejudice or harm the public. ; peer-reviewed

I have addressed the subject of whistle-blowing on numerous occasions during these past fifteen years, mostly in University lectures, seminars and published articles. This paper seeks to update and further develops the concerns, themes and proposals first articulated in Fabri (2002) but from a broader conceptual and practical perspective. This paper takes a new look at the whistle-blowing phenomenon and the growing list of true tales, recent media reports and literature on this truly fascinating subject. Starting with snap shot references to a couple of episodes from the Old Testament, it brings together diverse experiences and developments which in unexpected ways somehow manage to link the past with the present, the local with the foreign. The paper argues that whistleblowing should not be examined in isolation but rather in context because, like law itself, it is not an end in itself. The subject has significant moral and practical implications concerning one's personal ethical choices and the protection of the public interest. This last aspect can best be examined in the context of contemporary concerns with good corporate governance and with how public sector and commercial bodies conduct themselves. This paper also suggests that the term whistle-blowing is often used incorrectly and should henceforth be reserved exclusively to voluntary disclosures. A selective annotated bibliography at the end of the paper may hopefully guide readers interested in accessing further relevant materials on the subject. For cogent reasons of space, a comprehensive re-appraisal of the 1985 European Court of Justice judgment given in the case that Stanley Adams instituted against the European Commission will have to be deferred to another occasion. Although originally intended as an integral part of the present paper, only very brief references to this leading case can be made here. The judgment tackled the Commission's liability in damages. Adams is one of the world's most famous whistle-blowers. What is much less known is that he was a Maltese national. ; peer-reviewed

Consumer law may be loosely described as the various laws and regulations which through private and public law mechanisms provide some safeguards to ordinary consumers in their daily transactions and relationships with traders. Consumer protection legislation seeks to prevent the abuse and exploitation of consumers, viewed as the weaker party in the business transaction. This objective necessarily implies that consumer legislation also regulates certain aspects of business practices and commercial conduct. It guards against unjustified enrichment through unacceptable and unfair trading practices. Directly or indirectly, consumer legislation establishes minimum standards of conduct which business operators have to respect in their relationship with their customers. ; peer-reviewed

In the sale of goods, price is extremely important. Price is what the buyer obliges himself to pay. It constitutes his single major obligation under the law of sale. And receiving the price is usually the main objective of the vendor. The price is so essential to every contract of sale that in the absence of an express clear mutual agreement on the price, a contract of sale cannot come in to existence. It is therefore no surprise that the law has over the years given very keen attention to price and has made various efforts, using different techniques, to try to ensure that a buyer gets a fair deal for the price he has paid. Different legal provisions have promoted price transparency and have created safeguards against over-pricing and misleading prices. Consumers cannot fail to be interested in legal controls over the price of goods offered for sale to them. The obligation to show the correct and final price to consumers prevents surprises. Mandatory price transparency facilitates the detection and punishment of over-charging, applying misleading prices and the promotion of false sales. A successful price control framework requires and relies on mandatory price indications rules. Over-pricing is of course the underlying abuse at the heart of price-fixing cartels, black-market activities and hoarding at times when supplies are scarce usually in the event of an emergency. Such acts have now been further prohibited particularly through recent competition legislation? ; peer-reviewed

The principal legislation governing co-operative societies in Malta is the Co-operative Societies Act which was passed by Parliament in 2001. It was brought into force in stages the following year. The 2001 Act has repealed and replaced the co-operative legislation that preceded it, namely the Co-operative Societies Act 1978. This recent reform and the introduction of new legislation for co-operatives offers, in the view of the writer, a timely opportunity for a fresh look at the subject of co-operative law, and how co-operatives in Malta are or should be regulated in the 21st century. This paper reviews some of the main features, innovations and improvements in the new Act and offers a brief analysis of the significance and impact of the transition from the now repealed Act of 1978 Act to the 2001 Act. It attempts to place this transition within the context of other recent developments in Maltese corporate law especially the adoption of the Companies Act of 1995. Highlighting certain elements in the legislation that tend to be overlooked, the paper explores the motivation behind the recent reforms. ; peer-reviewed

Consumer protection has become an integral part of our law.This was not always the case and significant consumer protection laws have only been adopted during these last 20 years.This subject is best viewed against the backdrop of the fundamental objectives of law. One objective is to protect weaker parties in situations where their weakness could be unfairly exploited. Consumer law is the recognition that unregulated market forces are insufficient to prevent undesirable consumer loss and dissatisfaction. Consumer protection, as we now know it, was more or less inexistent until the start of the 1990's. Roman law never developed a notion of the "consumer". In the 19th century, the Napoleonic Code Civil re-stated but retained the fundamental concepts of the Roman law of sale. Our Civil Code, like other codification efforts that preceded it, made no reference to the concept of "consumer".The Maltese Civil Code has not changed much since its original introduction in the late 19th century.This partly explains why our Civil Code still fails to recognize the consumer: Instead, references to the consumer are now found in several important local laws, but not in the Civil Code.The Civil Code may not exactly be "hostile" to. the consumer but it is certainly"indifferent''The same applies to the Commercial Code. One must therefore look elsewhere to find where and how Maltese law has recognized the concept of"consumer". Since 1990, Malta has registered considerable achievements and remarkable progress in this area. One can point to a number of important landmark events, including the 1991 white Paper "Rights for the Consumer", the establishment in 1992 of a new government department dedicated exclusively to consumer affairs, the highly innovative Consumer Affairs Act 1994 which inter alia introduced the Consumer Claims Tribunal, the concept of moral damages and the regulation of pyramid schemes, and finally the Product Safety Act of 200 I and the Metrology Act of 2002. Despite these positive reforms, there is still a case for suggesting that consumer law in Malta is less than the seamless and coherent systematic sequence of triumphant and successful initiatives that the official and orthodox view would have us believe.The truth is quite different and this brief paper shall review some misadventures where things were done badly or have not quite succeeded as intended. These events constitute landmarks in their own right and deserve to be highlighted perhaps for the wrong reasons; witnesses to inexperience, lack of preparation, incompetence or folly. ; N/A