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Court Judgment on Status of Employee Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
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Malta Travel – Covid-19 – Amber list update Immigration

Malta Travel – Covid-19 – Amber list update

As from midnight of Friday 11th September 2020, all Paris Airports and Marseille Airport will be included on the Amber List.Therefore, as from the above-mentioned date, Malta's Amber List will include the following countries:​Czech Republic,France (all Paris Airports and Marseille Airport),Romania,Spain (Barcelona, Girona and Madrid),Tunisia.Before boarding flights to Malta, any passenger departing from the above-mentioned countries/airports shall be required to submit a negative COVID-19 Polymerase Chain Reaction (PCR) test, which must have been carried out within 72 hours of his/her scheduled arrival.Upon arrival at the Malta International Airport, any passenger not having the proper certification may be subjected to a…
MamoTCV
11th September 2020
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Upcoming ‘Digital’ Laws: The Future Is Now NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
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Two Landmark judgments by the European Court of Human Rights against Malta Litigation & Dispute Resolution

Two Landmark judgments by the European Court of Human Rights against Malta

In the Case of Aquilina v Malta (Application no. 40246/18) decided on 9 June 2020 and the Case of Montanaro and Others v. Malta (Application no. 29964/18) decided on 1 September 2020, the European Court of Human Rights (ECHR) overturned yet another decision taken by the Constitutional Court here in Malta. Both judgments dealt with the 1979 amendments to Chapter 158 whereby a temporary emphyteusis (cens) would upon termination convert into a protected lease. The law has been found in breach of human rights in several cases both in Malta and in Strasbourg. However, in the cases of Aquilina and…
Michael E. Camilleri
4th September 2020
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Publication of FIAU Interpretative Note for Lawyers Winding Up and Insolvency

Publication of FIAU Interpretative Note for Lawyers

On 26 August 2020, the Malta Financial Intelligence Analysis Unit (FIAU) published its 'Interpretative Note: Relevant Activity for Lawyers' (the Interpretative Note) designed to guide legal professionals in determining the conditions under which a 'relevant activity' in terms of Malta's AML/CFT legislative framework may arise. Being able to ascertain these conditions is of paramount importance, given that obligations under the applicable AML legislation will only apply where a legal professional carries out a relevant activity. When the activity in question falls outside the statutory definition of relevant activity, the legal professional carrying out such activity would not be considered a…
Simon Pullicino
29th August 2020
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EBA backs EU Commission’s Efforts to Strengthen AML/CFT Framework. Banking & Finance

EBA backs EU Commission’s Efforts to Strengthen AML/CFT Framework.

On 19 August, 2020 the EBA published its response to the European Commission's Action Plan for a comprehensive Union policy on preventing money laundering and terrorism financing (ML/FT), largely throwing its support behind the Commission's Action Plan. In its response, the EBA has provided technical input designed to better guide the Commission in its implementation of the Action Plan. In the EBA's view, a comprehensive assessment of the current EU AML/CFT framework is necessary to ensure that the EU and the Member States are well-equipped with an effective set of tools in its AML/CFT arsenal. In endorsing the Action Plan,…
Simon Pullicino
24th August 2020