Tag: EU LAw
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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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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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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.
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Finch Trapping: A meeting is not an endorsement
The Times of Malta recently reported that Minister Clint Camilleri met the European Environment Commissioner to discuss Malta’s latest “finch research” season. The article’s headline — “All above board for finch research season” — suggests that Brussels has given Malta’s new trapping rules a clean bill of health. Yet on closer reading, there is no…
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The Passport Judgment Aftermath (II)
Facts and Explainers Part of the reaction, or backlash, to today´s judgment includes the incredible assertion that the fact that the solution in the judgment was diametrically opposed to the Advocate General´s Opinion somehow diminished the quality of the judgment. Such a position displays an ignorance of procedure before the EU Court. The Opinion given…
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New Rules on Travelling to Malta – Is a fantasy 14-day rule unjustly ruining travel plans?
Most of yesterday’s post was based on public declarations of what the new measures for the 14th July would be as well as on the preliminary reactions by the Commission. The Legal Notice “Travel Ban (Extension to all Countries) (Amendment Number 4)” was published yesterday. As expected, the L.N. “fixes” the terms that had been…