Ten Years of Judicial Cooperation. Occasional Paper 4/2014

This paper intends to illustrate the respective roles and functions of the Court of Justice of the EU (CJEU) on the one hand, and the Maltese national courts on the other. It will then define the scope and role of the judicial cooperation between the CJEU and the national courts, highlighting the procedure relating to the preliminary rulings. The paper will then briefly describe the cases brought before the CJEU involving Malta, including those concerning requests for preliminary rulings originating from Malta, and the direct actions by the European Commission before the Court of Justice, as well as those before the General Court. After a description of the rationale behind the publication of the book Malta u l-Qorti tal-Ġustizzja tal-Unjoni Ewropea (Malta and the Court of Justice of the European Union), and following the conference in which it was presented, the main points that emerged from the conference will serve as a backdrop to some statistical analysis pertaining to the Maltese cases, as well as some reflections on the current situation of the judicial cooperation obtained after ten years. It will propose that, besides a mere statistical analysis of the raw figures that emerge, one must rather address his attention to the spirit of EU membership, and reflect on whether Malta’s legal system has actually absorbed and understood the full meaning of the EU membership, ten years after it took place.

Ten Years of EU Membership – The Maltese Parliament. Occasional Paper 1/2014

Introduction. The European Union has long seen the use of enlargement as a means to transform its neighbours. For many of the 2004 enlargement countries, membership was a means to open economically and politically. For Malta and Cyprus, established democracies with extensive trade links across Europe, EU membership still had the capacity to transform their political and economic systems and hence the need, a decade on, to take stock. With this in mind and conscious that the EU political system has often raised concerns over legitimacy and accountability, attention is increasingly being focused on how the complexities of the EU political system, and the role national governments play in that system, impacts the legitimacy and accountability of the domestic political system, in particular the functioning of the national parliament. To this end, this paper will analyse how the Maltese Parliament has been impacted by membership and seek to establish whether there has been a significant alteration in its ability to hold the national executive to account.

The Catholic Identity of Malta after Ten Years of Membership in the European Union: Challenges and Prospects. Occasional Paper 2/2014

Introduction. Ten years have elapsed since Malta’s accession in the European Union. One can still recall vividly the intense and acrimonious campaign prior to the membership referendum and the ensuing electoral victory that confirmed the Nationalist Party (PN) in power under the leadership of Edward Fenech Adami in 2003. In both cases the Maltese voted in favour of entry into the EU. During both exercises in democracy the Maltese were exposed to the rhetoric of both prophets of doom and prophets of plenty. For the former accession meant a loss of national and territorial independence, for the latter it meant the beginning of opportunity for all and, in some cases, the answer to all of Malta’s woes. Now, ten years later, a further appraisal of Malta’s membership and place in the European Union is called for. The purpose of this paper, however, is to reflect upon how this membership has affected the Roman Catholic Church in Malta and what prospects lie ahead for the Catholic community within Maltese society that remains in a state of constant flux on both the social and the religious level. It traces the major events that have accelerated the transformation of Malta into a secular society. The paper describes how these events, together with pressures that are being brought to bear by secular movements upon Maltese society, are profoundly affecting its Catholic identity and redrawing its moral landscape. It also discusses ways and means by which the Catholic Church in Malta can address these challenges and contribute towards the construction of a more humane Maltese society. In order to achieve this, it must first and foremost remain a coherent witness of a faith that is forever alive, dynamic and relevant.

The Revolution that never was. Five years of 'Orange' Ukraine. OSW Point of View (Policy Brief), November 2009

On the fifth anniversary of the Orange Revolution and in the final period of the presidency of Viktor Yushchenko, who then embodied the hopes for state reform, a tentative assessment of the situation in Ukraine is appropriate. Did the revolutionary social upheaval bear revolutionary fruit? Have democratic mechanisms strengthened? Has the post-Soviet oligarchic state model been overcome? Has media freedom expanded? Has there been any progress with regard to economic transformation? Has integration with the European structures materialised? Five years on, what remains of the hopes of millions of Ukrainians and of the goodwill of the international community?