The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) constitutes a mechanism by which the Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of Union law across the Member States. In the specific context of EU financial regulation, this procedural instrument assumes a distinctive function: that of enabling organic harmonisation within the internal market. By facilitating a judicial dialogue between national courts and the CJEU, the preliminary ruling mechanism operates as a decentralised yet effective method of aligning national interpretations of key provisions within directives…
Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…
The EU Pay Transparency Directive has quickly become one of the most widely discussed legislative developments in employment law. With its transposition deadline of 7th June 2026, this Directive is drawing considerable attention from employers, employees, HR professionals and legal practitioners alike. While the Directive introduces new rights and obligations aimed at strengthening pay transparency and addressing the gender pay gap, the underlying principle of equal pay for work of equal value is not new to Maltese law. This principle has long been established under Article 27 of the Employment and Industrial Relations Act, Chapter 452 of the Laws of…