Archives

This e-journal contains literally hundreds of articles. They are now grouped into categories. Clicking on the titles will lead you to the actual article.

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Age discrimination

• Clarifying age discrimination-related issues 

Amnesty International

• AI concerns about the SA World Cup
• Amnesty International stands up for women 

Anti-corruption

• International Anti-Corruption Academy opened

Arbitrary arrest & detention, protection from

•  llegal immigrants' claimed breaches of FHR rejected

Australia: High Court

• Change in licence does not amount to a de facto expropriation of property
• No damages for victim of asbestos exposure 

Blog entries: Brian Camilleri

• My first blog and why
• Roznik is dead! 

Blog entries: Ivan Mifsud

• A brief explanation
• A brief remark on the Polish air tragedy 
• A good tool in the wrong hands!
• A tribute to a worthy colleague 
• A wealth of information (New Zealand)
• A word with the Commissioner for Children
• A word with the University Ombudsman
• An appeal from StateCareAndMore.eu
• An unaccountable nation
• Climate change violating human rights
• Education and examples, not sanctions
• Enacting truly effective measures
• EU overprotecting data 'roamers'?
• Finland Ombudsman jubilee publication
• Governing in a stark economic climate
• Internal developments
• Introduction
• Know your rights when departing
• Leading by example
• Lessons to learn
• More food for thought
• On citizens' expectations
• Parking before projects
• Paying ones' dues to society
• Querying the Public Administration Act of 2009
• Recalling Ray Fenech et v. Zebbug Local Council
• State liability for acts of the judiciary
• Stop and think
• The interests of the child
• The lawmaker being held liabile for damages under EU Law
• The living library
• The State administration's Duty to Care
• The viewpoints of Thomas Hammarberg
• The Whistleblower bill: a good idea?
• Update: Police response to questions put to it
• We're watching you
• What price the rule of law?
• When sympathy is simply not enough
• When we see something we do not necessarily like or understand

Blog entries & other articles : Prof. Kevin Aquilina

• Abolition of toy guns: back to square one?
• Bill No. 48: The Ombudsman (Amendment) Act
• Maltese law on censorship in the light of recent local and European cases
• Neilson's Stitching: a grave affront to the notion of respect for human dignity
• Respect for human dignity and the law
• The Maltese Freedom of Information Act, 2008
• The right to a fair hearing and compulsory arbitration: two incompatible procedures?
• The right to legal advice during Police detention
• The State's Duty to Care and the Administrative Justice Act 2007
• Typology of Maltese Laws
• Updating Maltese broadcasting law to present day realities in the light of the Doctrines of the Rule of Law and Separation of Powers
• What's so special about the Special Prosecutor?

Canada: Supreme Court

• No absolute right to protection of journalist's source of inormation

 Consumer rights

•  Consumer right to withdraw from a distance contract

Contributed articles

• Grounds of review in French Administrative Law (Dr Natasha Buontempo)
• No more heroes any more? (Dr David Fabri)
• Res judicata (Prof Kevin Aquilina)
• Typology of Maltese Laws (Prof Kevin Aquilina)

Damages

• Compensation for damage caused by power surges
• Comptroller of Customs condemned to pay damages
• Corporation held liable for handbag stolen from its premises
• EU Commission compensates an employee for breach of rights
• Government entity held responsible for damages
• Just compensation for damage to property
• Landmark civil damages
• Moral damages awarded to temporary employees
• National governments may impose liability for environmental damage
• No case of 'compensation syndrome'
• No damages for victim of asbestos exposure
• No compensation in case of loss of rights
• PhD Thesis by Dr Ivan Mifsud LLD PhD on The State's Duty to Care when acting in an administrative capacity 
• Recalling Ray Fenech et v. Zebbug Local Council
• Specific section dedicated to damages in StateCareAndMore.eu/ WIKI
• State body enabled to recover its dues
• State liability for acts of the judiciary
• Termination of contract declared unjust
• The defence pleas of force majeur and fortuitous events revisited
• The lawmaker being held liabile for damages under EU Law
• Timely precautions can avert later trouble!

Defence, right to defend oneself

• Police have the right to defend themselves

Discretionary powers, use of

• Administering in a just manner

Disabled persons 

• COE Commissioner for Human Rights' comment on inhuman treatment of disabled persons
• Office buildings should be fully accessible to the disabled
• Reserved parking space for disabled EU official

Discrimination

• Clarifying age discrimination-related issues
• ECHR upholds claim of unjust discrimination against unmarried fathers 
• Employed fathers' entitlement to 'breastfeeding' leave
• Justifying unequal treatment in education
• No obligation on states to allow homosexuals to marry

Duty of Care

• PhD Thesis by Dr Ivan Mifsud LLD PhD on The State's Duty to Care when acting in an administrative capacity 

Education, right to

• Suspension of student illegal but not breaching FHR 
• Upholding secularism

Environment

• £95,000 compensation recommended 
• National governments may impose liability for environmental damage

Equality

• Women city council workers win Equal Pay case

European Convention on Human Rights

• Anniversary website

European Court of Human Rights

• 60th anniversary of the Court
• Breach of freedom of thought, conscience & religion
• Breach of right not to be tried or punished twice
• Breach of right to liberty and security
• Breach of right to respect for private and family life
• CFA's found to breach article 10
• Change in the ECHR's case law resulting from Micallef v. Malta
• Claiming less than one Euro before the ECHR
• Commissioner Hammarberg's first ever third party oral intervention
• Compensation for failure to tackle problem of pollution
• Concern for welfare of child leads to disproportionate action being taken
• Conditions of admissibility
• Court confirms criminal conviction for refusal to hand over information
• Deep concern for the ECHR expressed at Interlaken
• Deportation of asylum seeker would breach article 3 of the Convention
• Disproportionate breach of freedom of movement
• ECHR saved from collapse?
• ECHR upholds claim of unjust discrimination against unmarried fathers
• Equating 'legitimate expectations' with 'possessions'
• Factsheets
• Failure to enforce a court judgement
• Finding of violation of freedom of expression
• Indication of religion on identity card in breach of human rights
• Journalist's freedom of expression upheld
• No obligation on states to allow homosexuals to marry
• Prisoners' general right to vote
• Prison inmate denied appropriate medical treatment
• Prison inmate's right to marry upheld
• Protocol No. 14 set to come into force
• Respect for inmate's private & family life
• State responsibility for failing to protect the lives of those within its jurisdiction
• There's always a first time!
• Upholding secularism
• Violation of freedom of expression
• When action seeking one's rights costs more than the rewards reaped
• Zammit v. Malta effectively overturned

European Union: Charter of Fundamental Rights of the

• EU Commission adopts strategy to ensure respect for the Charter
• EU Courts renamed, competences widened
• PhD Thesis by Dr Ivan Mifsud LLD PhD on The State's Duty to Care when acting in an administrative capacity 

European Union: Civil Service Tribunal

• Civil Service Tribunal 5th anniversary colloquium
• EU Commission compensates an employee for breach of rights
• Moral damages awarded to temporary employees 

European Union: Commission

• EU Commission's concern for the right to one's privacy

 European Union: Council

• EU Council approves proposed succession rules 

European Union: Court of Justice

• A first for the Maltese Courts
• Clarifying age discrimination-related issues
• Consumer right to withdraw from a distance contract
• Employed fathers' entitlement to 'breastfeeding' leave
• EU Courts renamed, competences widened
• Fundamental freedomes are not unlimited
• In-house lawyers seem set to lose battle for professional privilege
• Justifying unequal treatment in education
• National governments may impose liability for environmental damage
• One for the lawyers!
• One for the lawyers! (2)
• PhD Thesis by Dr Ivan Mifsud LLD PhD on The State's Duty to Care when acting in an administrative capacity 
• Right of residence in a Member State upheld
• Right to compensation for flight delays
• The in-house lawyer and professional privilege

European Union Law

• Constitutionality of German law related to the Lisbon Treaty 
• European e-justice portal launched
• Important legal principles of EU Law

European Union: Ombudsman

• An act of kindness and compassion
• Apparent loss of trust and confidence between the EU Commission and the Complainant
• Commission officials should not have accepted rugby game tickets from a sportswear producer
• Dispute over fees and charges
• Need for further transparency
• Need to eliminate apparent conflicts of interest
• Office buildings should be fully accessible to the disabled
• Reserved parking space for disabled EU official
• The right of defence and presumption of innocence

European Union: Treaty of Lisbon

• EU Courts renamed, competences widened 

Euthanasia

• End of Life Assistance bill published 
• Loving somebody more than yourself 

Fair hearing, right to

• Change in the ECHR's case law resulting from Micallef v. Malta
• Control Orders in breach of Human Rights
• Expropriating land to prevent it from being developed amounts to a public purpose
• Failure to enforce a court judgement

Finland: Ombudsman

• Airport security checks must respect the individual's right to privacy 

France: Constitutional Court

• Burqa ban approved by the Constitutional Court 

France (Miscellaneous)

• The Conseil d'Etat - virtual presentation 
• The right to access online services

Germany: Federal Constitutional Court

• Constitutionality of German law related to the Lisbon Treaty 
• German Federal Constitutional Court rules that EU court judgements are to be followed

Governmental liability

• Comptroller of Customs condemned to pay damages
• Government entity held responsible for damages
• Just compensation for damage to property
• No case of 'compensation syndrome'
• No compensation in case of loss of rights
• PhD Thesis by Dr Ivan Mifsud LLD PhD on The State's Duty to Care when acting in an administrative capacity  
• Recalling Ray Fenech et v. Zebbug Local Council
• State liability for acts of the judiciary
• The lawmaker being held liabile for damages under EU Law
• Timely precautions can avert later trouble!

Human Rights Education

• HRE website launched 

Human Rights Watch

• "We'll tie you up and shoot you" 

Hungary: Ombudsman

• Bound and put in nappy at psychiatric ward 

Immigration

• Breach of right to respect for private and family life
• Commissioner Hammarberg's first ever third party oral intervention
• Commissioner's Human Rights Comment
• Council mishandles age assessment for asylum seeker
• Deportation of asylum seeker would breach article 3 of the Convention
• Illegal immigrants' claimed breaches of FHR rejected
• No right to marry wherever one likes
• Principal Immigration Officer's right to interrogate married couple upheld
• 'Reasonable tolerability' test refused
• Right of residence in a Member State upheld
• Upholding illegal immigrants' right to marry

Inhuman & degrading treatment, prohibition of

• COE Commissioner for Human Rights' comment on inhuman treatment of disabled persons
• Deportation of asylum seeker would breach article 3 of the Convention
• Illegal immigrants' claimed breaches of FHR rejected

International Court of Justice

• Uruguay breached procedural treaty obligation owed to Argentina

Judicial review of administrative action

• Is a government-owned company a 'public authority'?
• Parameters of judicial review confirmed 
• Specific section dedicated to judicial review in StateCareAndMore.eu/ WIKI

Liberty and security, right to

• Breach of right to liberty and security
• There's always a first time! 

Life, right to

• State responsibility for failing to protect the lives of those within its jurisdiction

Malta: Civil Court, First Hall

• A first for the Maltese Courts
• Administering in a just manner
• Comptroller of Customs condemned to pay damages
• Court not competent to revoke a planning permission
• Court upholds registrar's right not to recognise a marriage
• Expropriation of property declared illegal
• Government entity held responsible for damages
• Inapplicability of 469A COCP
• No case of 'compensation syndrome'
• No compensation in case of loss of rights
• No obligation to expropriate
• Parameters of judicial review confirmed 
• Timely precautions can avert later trouble!

Malta: Civil Court, First Hall, constitutional jurisdiction

• Compensation for expropriated land
• Exercising remedies other than constitutional: the principles
• No right to marry wherever one likes
• Pig farmer finally finds respite
• 'Public interest' confirmed by the Court
• The defence pleas of force majeur and fortuitous events revisited

Malta: Constitutional Court

• Building roads and town planning in the public interest
• Challenging the predictable
• Court of Appeal judgement declared non-implementable
• Expropriating land to prevent it from being developed amounts to a public purpose
• Freedom of expression upheld
• House arrest cannot be equated with time spent in jail
• Principal Immigration Officer's right to interrogate married couple upheld
• Ruling on 'intimidatory interest rates' overturned
• Scheduling of land and compensation
• Seeking to end a systemic breach of human rights

Malta: Court of Appeal

• Board of Appeal rapped by the Courts
• Comptroller of Customs' position confirmed by the Court
• Corporation held liable for handbag stolen from its premises
• Court rules in favour of fiscal certainty
• Intervening in a court action
• Just compensation for damage to property
• Justice mut not only be done, but appear to be done
• State body enabled to recover its dues
• Termination of contract declared unjust
• The right to have a non-refundable depost returned
• Transport Appeal Board breaches natural justice
• Tribunal judgement annulled by the Court

Malta: Court of Magistrates

• Abuse of monopolistic position
• DG Courts ordered to pay 5000 Euro

 Malta: Court of Magistrates (Gozo)

• Changing one's surname is not possible
• Is a government-owned company a 'public authority'?

Malta Resources Authority

• Remedial action required

 Maltese Ombudsman

• Annual Report 2009
• Bill No. 48: The Ombudsman (Amendment) Act
• Compensation for damage caused by power surges
• Maltese Ombudsman publishes own initiative report
• The eco-contribution saga
• Upholding illegal immigrants' right to marry

Marry, right to

• Court upholds registrar's right not to recognise a marriage
• No obligation on states to allow homosexuals to marry
• No right to marry wherever one likes
• Prison inmate's right to marry upheld
• Upholding illegal immigrants' right to marry 

Men's rights

• Employed fathers' entitlement to 'breastfeeding' leave 

Movement, freedom of

• Disproportionate breach of freedom of movement 

Natural Justice, principles of

• Justice must not only be done, but appear to be done
• The right to have a non-refundable depost returned
• Transport Appeal Board breaches natural justice
• Tribunal judgement annulled by the Court

Netherlands, Kindgom of the

• Remembering the Second World War

 Ombudsman

•  A brief remark on the Polish air tragedy

Planning & Development

• Abuse of monopolistic position
• Court not competent to revoke a planning permission
• Enforcement of planning legislation 
• Government entity held responsible for damages
• Justice must not only be done, but appear to be done
• Planning application mishandled

Police

• Extending concern to wrongdoers
• Police have the right to defend themselves  

Presumption of innocence

• The right of defence and presumption of innocence

Prisons, Prisoners' rights

• Breach of the Eighth Amendment 
• Prisoners' general right to vote
• Prison inmate denied appropriate medical treatment
• Prison inmate's right to marry upheld
• Respect for inmate's private & family life

Private & family life, respect for; also privacy in general

• Airport security checks must respect the individual's right to privacy
• Breach of right to privacy confirmed
• Breach of right to respect for private and family life
• Compensation for failure to tackle pollution problem
• Concern for welfare of child leads to disproportionate action being taken
• ECHR upholds claim of unjust discrimination against unmarried fathers
• EU Commission compensates an employee for breach of rights
• EU Commission's concern for the right to one's privacy
• No obligation on states to allow homosexuals to marry
• Public interest overriding right to privacy 
• Respect for inmate's private & family life
• We're watching you

Property rights (including right to enjoyment of property, peacful enjoyment of one's possessions, etc)

• £2000 compensation for unlawful destruction of car
• Building roads and town planning in the public interest
• Challenging the predictable
• Change in licence does not amount to a de facto expropriation of property
• Compensation for expropriated land
• Court of Appeal judgement declared non-implementable 
• Equating 'legitimate expectations' with 'possessions'
• Pig farmer finally finds respite
• 'Public interest' confirmed by the Court
• Scheduling of land and compensation
• Seeking to end a systemic breach of human rights
• When action seeking one's rights costs more than the rewards reaped
• Zammit v. Malta effectively overturned

Public health, concerns for

• Administering in a just manner 
• Justifying unequal treatment in education (on the basis of concerns for public health)

Public interest

• Public interest overriding right to privacy  

Punished twice for the same offence, breach of right not to be

•  Breach of right not to be tried or punished twice

Sexual discrimination

• Employed fathers' entitlement to 'breastfeeding' leave 

Succession

• EU Council approves proposed succession rules 

Thought, conscience & religion, freedom of

• Breach of freedom of thought, conscience & religion
• Indication of religion on identity card in breach of human rights 
• Upholding secularism

Transparency

• Need for further transparency

United Kingdom (miscellaneous)

• Criminal conviction over mercy killing
• End of Life Assistance bill published
• Extending concern to wrongdoers
• Landmark civil damages
• Mouse found in a loaf of bread
• Sex offenders' right to appeal from registration
• Women city council workers win Equal Pay case

United Kingdom: High Court

• Control Orders in breach of Human Rights
• Enforcement of planning legislation 
• Prisoners' claim for compensation rejected

United Kingdom: House of Lords

• Loving somebody more than yourself 

United Kingdom: Independent Police Complaints Commission

• Police have the right to defend themselves

United Kingdom: Local Government Ombudsman

• £2,000 compensation for unlawful destruction of car
• £17,000 compensation awarded for fault
• £95,000 compensation recommended
• Council mishandles age assessment for asylum seeker
• Failure to make full provision for a girl's special educational needs
• Ombudsman identifies flaws in appeal procedure
• Planning application mishandled

United Kingdom: Parliamentary Ombudsman

• £95,000 compensation recommended

United Kingdom: Supreme Court

• Breach of right to privacy confirmed
• New UK Court opening its doors
• Public interest overriding right to privacy 
• 'Reasonable tolerability' test refused
• Suspension of student illegal but not breaching FHR
• Unlawful exercise of power to carry out a compulsory purchase of land

United Nations

• Access to clean water and sanitation declared a human right

United States of America: Supreme Court

• Breach of the Eighth Amendment 

Voting rights

• Prisoners' general right to vote
• Prisoners' claim for compensation rejected

Whistle blowing

•  No absolute right to protection of journalist's source of information
• No more heroes any more?  The whistle-blowing dilemma: recent developments and a fresh look at some conceptual and legal issues (Dr David Fabri)
• The Whistleblower bill: a good idea?

Womens' rights

• Amnesty International stands up for women 
• Women city council workers win Equal Pay case