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EU LAW

Malta became a member of the European Union (“EU”) on 1st May 2004, and joined the Euro zone on 1st January 2008.

Mamo TCV has been advising clients on Community law for a good number of years. A specialised EU Law Unit was established in 2002 to meet the growing demand for assistance and consultancy to public bodies and private entities in EU-related matters in the run-up to EU Accession. The firm was involved in the drafting of legislation for the purposes of the implementation of Community law in the areas of Justice and Home Affairs (in particular the Schengen acquis), the Internal Market (motor vehicle insurance), the Common Agricultural Policy (Twining Project for the setting-up of the Integrated Administration and Control System (IACS) in Malta) and the Common Fisheries Policy (technical conservation measures). We have advised local and foreign clients on the implications of the application of the Community acquis in Malta post-accession and the derogations and safeguard mechanisms laid down in the Accession Treaty.

Since Malta joined the European Union, the EU Law Unit is mainly involved in:

advice on compliance of local and cross-border agreements, transactions and practices with EU law, in particular where the internal market rules (free movement of persons, goods, services and capital), EC competition rules, environmental legislation and public procurement legislation are concerned;
advice on services of general economic interest (SGEIs), public service obligations (PSOs) and State aid;
reporting on the status of and preparation of surveys on the transposition and implementation of the acquis communautaire, for example in the areas of trade, financial services, environment and consumer affairs;
advice on procedures before the European institutions (e.g. complaints to the European Commission regarding infringements of the provisions of the Treaty establishing the European Community and/or secondary Community legislation);
advice on matters regarding jurisdiction, mutual recognition and enforcement of judgments (the “Brussels Regulation”) and European conflict of laws rules (e.g. the Rome Convention).

The EU Law Unit also supports other departments within the firm by carrying out research into Community legislation and case law developed by the European Court of Justice and the Court of First Instance regarding.