Announcements

Academy Documents

Please access the Students' Policies & Forms through this link. The following documents are all available in the link - Student Handbook, Student Code of Conduct,  Students' Privacy Notice, Deferral, Suspension, and Cancellation Policy, Assignment Extension Policy, Re-Sit Policy, Complaints Procedure Policy, Equality Policy and Student Disciplinary Policy.

Online Sessions Link

To connect to the online sessions of this module please click on this link. You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password which is below.

Meeting ID: 872 1582 9768
Passcode: 839958

Make sure that you show with your name & surname as you have been registered for the study programme. This is very important for attendance purposes.

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

LectureDateTimePresentationNotes (If Any)Session Recording
Lecture 0114 December 202217:30 to 20:00hrsIntroduction NotesRequest
Lecture 0220 December 202217:30 to 20:00hrsThe StructureRequest
Lecture 0310 January 202317:30 to 20:00hrsCode Of Organization and Civil ProcedureRequest
Lecture 0411 January 202317:30 to 20:00hrsRequest
Lecture 0513 January 202317:30 to 20:00hrsRequest

Lecturer/s  

Prof. Tonio Borg

Lecture Summaries & Suggested Reading 

Lecture 1 - Introduction to Administrative Law

  • Definition of Administrative Law
  • Sources of Maltese Administrative Law
  • Structure of the Public Administration.
  • Legal Consequences of belonging to one rather than another category
  • The Public Service; law relating; Chapter X of the Constitution. Public Administration Act 2019
  • Legislative Powers of the Executive; delegated legislation ; Judicial Powers of the Executive administrative tribunals. Administrative Review Tribunal.

Core Reading List

  • Mifsud, I., n.d. Judicial review of administrative action in Malta.
  • Maltese Administrative Law, 2020, Borg T., Kite Group

Supplementary Reading List

  • Schwarze, J., 2006. European administrative law. London: Sweet and Maxwell.
  • Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.

 

Lecture 2 - Structures Within the Public Administration

  • The Public Service Commission; recruitment, discipline promotions . Disciplinary Proceedings. Art 115 of the Constitution
  • Role of Principal Permanent Secretary and of Permanent Secretaries.
  • Public Corporations: advantages and disadvantages; parliamentary , executive and judicial control of public corporations; method of composition. Governing Boards; Disqualifications and Conflict of Interest; analysis of two public corporations: the Planning Authority and the Lands Authority
  • Local Government
  • Government Companies. Article 110(6) of the Constitution
  • Armed Forces of Malta
  • The Malta Police Force

Core Reading List

  • Maltese Administrative Law, 2020, Borg T., Kite Group

Supplementary Reading List

  • Schwarze, J., 2006. European administrative law. London: Sweet and Maxwell.
  • Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.

 

Lecture 3 - Judical Review & Judgements

  • Judicial review of Administrative Action.
  • Situation prior to 1 October 1995. Act No VIII of 1981
  • Article 469A of Chapter 12 of the Laws of Malta
  • Grounds of Review: excess of authority , procedural ultra vires and rules of natural justice, abuse of power and unreasonableness , acts contrary to law
  • Analysis of main landmark judgments
  • Ouster Clauses

Core Reading List

  • Maltese Administrative Law, 2020, Borg T., Kite Group
  • Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.
  • Wade, H. and Forsyth, C., 2014. Administrative law. Oxford: Oxford University Press

Supplementary Reading List

  • Schwarze, J., 2006. European administrative law. London: Sweet and Maxwell.
  • Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.

 

Lecture 4 - Procedures, Functions & Appointments

  • Procedural Obstacles to judicial review : time limits, juridical interest, other modes of contestation.
  • The Ombudsman. Method of Election, functions and jurisdiction; procedure and investigations. Parliamentary Officer
  • Commissioner for Standards in Public Life: Method of election, functions and investigation. Recent events
  • Attorney General and State Advocate. Method of appointment, functions. Judicial review of actions of Attorney General and State Advocate.
  • Constitutional Commissions or Authorities; functions and judicial review

Core Reading List

  • Maltese Administrative Law, 2020, Borg T., Kite Group

Supplementary Reading List

  • Schwarze, J., 2006. European administrative law. London: Sweet and Maxwell.
  • Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.

Methods of Assessment

Two Assignmentn 100% of final score

Assignment

You have to choose 2 out of the 4 questions which are available in the Assignment Submission form below. Assignments should be submitted by not later than Thursday 11 May 2023. The assignments have to be submitted separately but to each there must be attached the Assignment Submission Form. Please indicate the questions which you have addressed in the Assignment Submission form.

Assignment Submission Form

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded. For referencing purposes, as much as possible please use the Oscola Referencing Guide.

Submitting Assignment - Turnitin

The Academy will notify you that assignment questions are available through an email. Through another email sent to you by turnitin (probably on the same day) you will be notified that you have been added to a "class" where you may upload your assignment/s. Assignments should be submitted by not later than 23:59hrs of the assignment submission deadline shown on the Assignment Submission form and/or the "class".

At 21 Academy you can submit more than one draft of your assignment before the submission final deadline. The last version left uploaded at the submission deadline will be considered to be your final submission paper and will be the one which will be assessed. Make sure that your final submission does not go beyond 20% similarity when including direct quotations (the sentences in-between quotes).

Follow this very short video to understand how to submit your assignment through turnitin - submitting a paper

To understand the similarity report generated by turnitin follow this 1 minute video - understanding the similarity report

Referencing Style

Oscola Referencing Guide

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