since 2005: blogging about law & politics
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Wieħed — the horse has always known more than the rider
Long before it was cast in bronze and made to carry emperors, the horse was already present in art as force, movement, and instinct. From the caves to the triumphal squares of Europe, it has endured as one of the most charged figures in visual culture. But something happens when the horse enters the monumental…
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C-440/23 (European Lotto): a quiet but consequential shift for Malta’s gaming model
The judgment in C-440/23 sits at the intersection of three fault lines in EU law: the freedom to provide services, Member States’ regulatory autonomy in gambling, and the enforceability of cross-border consumer claims. Its implications for Malta’s gaming ecosystem are not marginal—they are structural. At its core, the case arises from a familiar fact pattern:…
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Majority Rule or Rule of Law? Neutrality, Constitutional Supremacy and the Perils of Majoritarian Logic
Having the numbers in Parliament does not make something lawful. When constitutional neutrality is treated as just another political choice, we blur the line between majority rule and the rule of law. Neutrality is not a mood or a tactic. It is a constitutional commitment that cannot shift with the parliamentary winds. That is the…
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Judicial independence in the EU: structural pressures beyond formal Rule of Law monitoring
Questions about judicial independence within the EU are rising, with Malta, Spain, and Italy exemplifying systemic pressures affecting national judiciaries. Incremental reforms and political contestation challenge autonomy despite formal structures. The EU’s legal responses may lag behind emerging risks, highlighting the need for robust institutional practices and public trust to ensure effective judicial independence. Across…
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Judicial Appointments: The System is Broken
This is not only a clash between a judge and a Prime Minister. It is a warning that Malta’s system for appointing its Chief Justice is structurally broken. We like to believe the two-thirds parliamentary rule protects the courts from political capture. In theory it forces consensus. In reality it often just forces negotiation. Instead…
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Democracy Is Not a Legal Alibi: Why Constitutional Supremacy Cannot Be Voted Away
Robert Musumeci argues that Malta’s Constitution prioritizes democratic procedures over judicial authority. However, this analysis overlooks the importance of constitutional supremacy and judicial independence, which serve as essential checks within a democracy. Constitutional amendments must not undermine the foundational principles protecting rights and governance, highlighting the relationship between legality and democracy.
servis legis summus ut liberi esse possimus