Selected Principles of Maltese Planning Law
This book is about the development of new ideas and proposition of solutions in order to bridge the numerous legal lacunae encountered in the course of the decision-making process surrounding development planning applications, whether such decisions are taken before the Planning Authority, the Environment and Planning Review Tribunal or the Court of Appeal. It delves into Section 72 of the current Development Planning Act, which regulates how planning applications should be determined. The focus is then shifted on the role of the current Environment Planning and Review Tribunal (EPRT). Finally, the book moves on to provide a meaningful definition of ‘a point of law’ with a view to establish those scenarios in which the Court of Appeal (Inferior Jurisdiction) may hold itself competent to hear an appeal from a Tribunal decision. This publication is also the official textbook used by Dr Robert Musumeci himself to teach law students who choose to follow the subject of Development Planning Legislation at the University of Malta.
Decoding Administrative Law
This book stands out as a seminal contribution in the realm of administrative law from a Maltese legal perspective, presenting its insights in a conversational tone that makes intricate legal concepts accessible to both students and practitioners. The book commences by introducing readers to the foundational principles of administrative law, shedding light on the constitutional foundations underscored by the significance of the rule of law in governing public administration. With a methodical approach, the book distinguishes between terms such as ‘The Public Service’ and ‘The Public Administration’, clarifying their respective roles and duties within the public sector. Furthermore, it delineates administrative acts from legislative acts of the executive, tortious acts, and contractual failures involving the executive. In discussing administrative acts, the text delineates how errors of fact differ from errors of law. Practical scenarios illustrate errors of law, emphasizing concepts like exceeding authorised powers, ignoring mandatory procedural considerations, non compliance with the principles of natural justice and legitimate expectations, acting for improper purpose, taking account of irrelevant considerations or excluding relevant ones, unreasonable and/or disproportionate behaviour and wrong application of written statuses. Human rights are also approached within the realm of administrative law with the notion of parallel protection, which stems from Chapter 4 of the Constitution and the European Convention Act embodied in Chapter 319 of the Laws of Malta. The book concludes by elucidating methods for challenging executive actions and subsidiary legislation, along with strategies for addressing torts and contractual failures involving the executive. This publication is the textbook used by Dr Robert Musumeci himself to teach Administrative Law to second year law students at the University of Malta
Servitujiet - Liġi Ċivili
This book emerges as an invaluable resource for Maltese architects and lawyers, delving into the practical implications of ‘easements,’ precisely defined as ‘rights established in favour of a property over another property belonging to another person, for the purpose of making use of that property.’ Drawing from more than 25 years of hands-on experience, Dr. Robert Musumeci possesses a profound understanding of the common challenges encountered by practicing lawyers and architects tasked with providing legal and technical guidance during new construction projects adjacent to properties owned by third parties. It is not uncommon for construction to progress only to later discover that a structure or part of it must be demolished due to compromised easements. Recognizing the seriousness of this issue, the book takes a proactive approach to tackle these complexities by examining the subject from its legal roots. It lays the groundwork by providing a foundational understanding of how easements are created and maintained. Subsequently, it offers essential practical strategies that architects can employ when translating their designs onto paper.