Oct
18

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

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​ A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an ap...
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Oct
18

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

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This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et .The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the...
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Oct
18

Malta Residence & Visa Programme: 2018 Amendments

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Investment migration in Malta has increased exponentially over the last 4 years; due in part to the introduction of the Malta Residency and Visa Programme (MRVP). The MRVP was introduced in 2015 to offer yet another competitive immigration option. Since its inception, the MRVP has been updated twice; with the 2017 amendments helping to further consolidate the legislation, whilst those amendments enacted in 2018 focused on widening the programme's investment criteria. Originally, the MRVP programme required the main applicant to pay an economic contribution of €30,...
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Oct
17

Proposal to Reform the Rental Market

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This article was written by Dorita Cardona and Joshua Chircop. The Parliamentary Secretariat for Social Accommodation has published a White Paper proposing the setting up of a new regulatory framework (the 'Regulatory Framework') to reform the residential rental market in Malta, referred to as the private rented sector (the 'PRS'). Rationale The White Paper proposes providing both Landlords and Tenants with greater stability, flexibility, security, transparency and predictability in the long-term. There is a clear emphasis on creating a balance between Landlords a...
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Oct
12

Post-Brexit: Establishing a Higher Educational Institution in Malta

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  This article was written by Dr.Edmond Zammit Laferla, Dr.Dorita Cardona and Dr.Joshua Chircop. Following the decision of UK voters to exit from the European Union in 2016, several international schools and universities have been expressing interest in establishing higher educational institutions in Malta. Why Malta? The market for higher educational institutions in Malta has increased exponentially in recent years. The number of licensed entities is growing steadily. Malta is an EU member state and as such benefits from direct access to the EU single market...
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