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
LL.B. I & II & III years 2

Press Law 30
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 No of No of No of Optional Total

Course Compulsory Compulsory Electives Study-Units
Law Study- Humanistic Study-Units offered in
Units Study-Units from the Law any other
and/or programme
Humanistic of study
Study–Unit within the
University
1st Year 36 ) ) 2 60
2ndYear 37 ) 35 ) 25 2 60
3rd 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 Law

CVL 1020 – Roman Law
CVL 1021 – Philosophy of Law
CRL 1010 – Criminal Law

PHI 1014 – Political Philosophy
PBL 2015 – Administrative Law
CVL 2010 – Family Law
CVL 2011 – The Law of Property
CML 2005 – Commercial Law
CRL 2005 – Criminal Law
CVL 3014 – Law of Obligations
CVL 3001 – Letting And Hiring
CVL 3016 – Sale
CML 3005 – Commercial Law
INL 3005 – International Law
ECL 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

1st Semester CVL2010 Family Law (6 credits)
Assessment - 10% coursework and tutorials

90% 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 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 Tutorials
ECTS Credits: 10
Method of Assessment: 10% multiple choice at end of 1st semester (1 hour)
80% examination at the end of 2nd semester (3 hours)
Semester: 1 and 2
Lecturers: 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: 2
Method 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 Theory

Type: Lectures
ECTS Credits: 2
Method of Assessment: Written test at the end of the 2nd semester (1 hour)
Semester: 2
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 Seminars
ECTS Credits: 6
Method of Assessment: Examination at the end of the 2nd semester (3 hours)
Semester: 1 and 2
Lecturer: 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)

ECTS Credits: 6
Semester: 1 and 2
Lecturers: 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 Law
g) 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 Anthropology

Type: Lectures
ECTS Credits: 4
Semester: 1
Lecturer: 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 1
Key concepts: culture, society and law; the history & scope of social anthropology
Reading: Keesing, Roger & Andrew Strathern, 1998. Cultural Anthropology,
Harcourt Publishers, pp.288-301*
Week 2
Theoretical origins: the views of Montesquieu, Durkheim & Henry Maine
Readings: Falk-Moore, S, op. cit. pp.12-24 & 40-52*
Layton, Robert 1997. An Introduction to Theory in Anthropology, CUP, pp. 18-26.

Week 3
Law as custom: Malinowski on the Trobriand islanders
Readings: 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 4
Law as social structure: Evans-Pritchard on the Nuer
Reading: Evans-Pritchard, E.E., 1940. The Nuer, OUP, pp.139-177*
Week 5
Legal pluralism
Reading: Falk-Moore, S, op. cit. pp.103-106 & 154-174*
Week 6
Theoretical origins: Karl Marx and his legacy
M.D.A.Freeman (ed.), 1994. Lloyd’s Introduction to Jurisprudence, Sweet & Maxwell,
pp.898 – 905 & 906 – 911*
Week 7
Law as symbolic domination
Reading: Falk-Moore, S, op. cit. pp.111-123*
Week 8
The limitations of law in post-colonial India
Week 9
Law as a medium of resistance
Week 10
Theoretical origins: law, state & legitimacy in the work of Max Weber
Turner, S, 2000. The Cambridge Companion to Weber, pp.83-98
Week 11
How courts manufacture legitimacy: the work of Max Gluckman
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 13
Cultural identity: a source of legal rights in a globalised world?
Week 14
Multiculturalism: a threat to human rights?
• 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: Lectures
ECTS Credits: 10
Semester: 1 and 2
Lecturers: 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 iudicare
Beyond 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: Lectures
ECTS Credits: 4
Semester: 1 and 2
Lecturer: 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)

ECTS Credits: 8
Method of Assessment: 10% multiple choice end of the 1st Semester (1 hour)
80% examination at the end of 2nd Semester (3hours)
Semester: 1 and 2
Lecturers: 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: Lectures
ECTS Credits: 2
Semester: 1
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: Lectures
ECTS Credits: 2
Semester: 1
Lecturer: 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.

PBL2007: Public Corporations

Type: Lectures
ECTS Credits: 2
Method of Assessment: Written test at the end of the 2nd semester (1 hour)
Semester: 2
Lecturer: 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

ECTS Credits: 6
Method of Assessment: Two tutorial sessions with practical exercises
which carries 50% each
Semester: 1 and 2
Lecturer: Dr. Simone Borg
Course Description:
Introduction:
The legal meaning of the term environment
Evolution of the law throughout the ages
General Principles:
The use of natural resources as a common good
The preventive approach and the precautionary principle
The polluter pays principle
The concept of sustainable development
Access 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 harm
The 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 Act
The principles
The enabling provisions
The institutions, their functions and powers and the administrative set up
The right of a separate action for environmental damages
Enforcement and the executive powers of the inspectorate
N.A.

PBL2009: Social Law

Type: Lectures
ECTS Credits: 2
Method of Assessment: Assignment at the end of the 2nd semester
Semester: 2
Lecturer: 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: 2
Method of Assessment: Written Test at the end of the 2nd semester (1 hour)
Semester: 2
Lecturer: 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: 2
Method of Assessment: Written Test at the end of the 2nd semester (1 hour)
Semester: 2
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)

ECTS Credits: 6
Method of Assessment: 10% coursework and tutorials
90% Examination at the end of 1st semester (3hours)
Semester: 1
Lecturers: 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: Lectures
ECTS Credits: 6
Semester: 2
Lecturers: 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: Lectures
ECTS Credits: 9
Semester: 1 and 2
Lecturers: 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 development
o General characteristics and considerations
o 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 collectif
o Nature
o Characteristics
o Liability of the partners
• Partnership en commandite
o Nature
o Characteristics
o 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: Lectures
ECTS Credits: 8
Semester: 1 and 2
Lecturers: 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
Semester: 1 and 2
Lecturers: 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 la
responsabilité civile délictuelle et contractuelle
K. 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: 1
Lecturer: 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
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 competition
Exceptions
Block Exemptions
Abuse of a Dominant Position – Art. 9 Competition Act
Definition 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 doctrine
Competition Authorities set up by the Act – the Office for Fair Competition and the
Commission for Fair Trading
Enforcement
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: 10
Method of Assessment: 10% assignment at the end of the 1st semester
90% examination at the end of 2nd semester (3 hours)
Semester: 1 and 2
Lecturers: 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 Law

European Journal of International Law
International and Comparative Law Quarterly
British Yearbook of International Law
Cases and Materials
Reports of the International Court of Justice

International Law Reports
International Legal Materials
I. Brownlie, Basic Documents in International Law
D. J. Harris, Cases and Materials in International Law
Selected Websites
American Society of International Law http://www.asil.org

Electronic Informational System for International Law http://www.eisil.org
United Nations http://www.un.org
International Maritime Law Institute http://www.imli.org
International Court of Justice http://www.icj-cij.org
International 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)

Type: Lectures
ECTS Credits: 10
Method of Assessment: Examination at the end of 2nd semester (3 hours)
Semester: 1 and 2
Lecturers: 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: Lectures
ECTS Credits: 2
Method of Assessment: Written Test at the end of the 1st semester (1 hour)
Semester: 1
Lecturer: 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 II

Type: Lectures
ECTS Credits: 2
Semester: 2
Lecturer: 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: Lectures
ECTS 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 2
Lecturer: 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 Instruments
Cap. 123 of the Laws of Malta
Internet Sites
www.ird.gov.mt
www.vat.gov.mt
http://www.mfsa.com.mt/mfsa/default.asp
http://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: 2
Semester: 2
Lecturers: Dr. Joseph Zammit McKeon
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 2000
Protection 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
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 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
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

Protection of Workers in the Mineral Extracting Industries through Drilling and of
Workers in Surface and Underground Mineral Extractinn Industries Regulations 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)
Work Equipment (Minimum Safety and Health Requirements) Regulations 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 theses
Social Europe
European Commission – 3/1993
• Health & Safety – The Law

James 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

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 Commission

The 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: 8
Method of Assessment: 20% Presentation, 30% Assignment (3000words)
and 50% Oral Examination
Semester: 1 and 2
Lecturer/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: 4
Method of Assessment: 20% Presentation, 30% Assignment (3000words)
and 50% Oral Examination
Semester: 2
Lecturer/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

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UNIVERSITY OF MALTA

I & II & III YEARS

Notions of Comparative Constitutional Law Systems

International Human Rights Theory 10

Comparative Administrative Law 23

Development Planning Legislation 24

LL.B. I & II & III years 2

Advanced Constitutional Law 31

Letting and Hiring 39

General Introduction to Principles of Taxation 49

Occupational Health & Safety Legislation 52

European Union Policy & South/East Dialogue 57

LL.B. I & II & III years 3

Year of No of No of No of Optional Total

PBL 1010 – Constitutional Law

LL.B. I & II & III years 4

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

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)

Assessment - Examination at the end of the 2nd Semester

LL.B. I & II & III years 5

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

Assessment - Examination at the end of the 2nd Semester

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

Assessment - Examination at the end of the 2nd Semester

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

Department of Civil Law

1st Semester CVL2010 Family Law (6 credits)

Assessment - 10% coursework and tutorials

2nd Semester CVL2011 Law of Property (6 credits)

Assessment - Examination at the end of the 2nd Semester

Department of Commercial Law

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

Assessment - Examination at the end of the 2nd Semester

Department of Criminal Law

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

Assessment - Examination at the end of the 2nd Semester

LL.B. I & II & III years 6

Department of Civil Law

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)

Assessment - Examination at the end of the 2nd Semester

Department of International Law

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

Assessment - 10% assignment at the end of the 1st Semester

Department of European Law

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

Assessment - Examination at the end of the 2nd Semester

LL.B. I & II & III years 7