145 tal-1989

t.N. l45ofl989

EDUCATION ACT, 1988

(ACT No. XX IV of 1988)

or

Regulations for the Dtgrte of Doctor Laws (LL.D.)

and for the Dipolma of Notary Public: eN. P.)

IN eJ[crc1scof. 1le ~B C(lnferred upon him by sections 28(5) and

29(6) of the Educat ion ACt, 1988, the Chancellor of the Unive rsity of

Malta has promul ga ted th e following regulations made by the Senate of

the University of Malta in vi rtue o f the powen; conferred upon it by

section 33 of th e said Act:-

Ci ta tion

These regulalions may be cit ed as the Regulations fOTthe Degree of

Doctor of Law (LL.D.) and for the Diploma of Notary Pu blic (N .P.)

and shall be applicable 10 courses which started in Jan uary. 1985 or

later.

REGULATIONS FOR TIlE DEGREE OF DOCTOR 0." I.AWS ILL. D.)

Otarte

~]i~lhlli ty for

I. Tobe eligiblc fortlle awa rd ofthe DegreeofDocto r ofLaws acandidate must

(a) be registe red as a matriculated student in te nns of the Admission

RCl! ulalions of the University;

( b) sa tisfy the Special COU~ Requireme nts in aceordanee with Regulation 3

be low;

(c) complctc the course o f studies, qualify in the ex am inations and satisfy any

o ther requi re men ts as prescribed in these Regu lation s;

(d) sat isfy any olhe r requirements prescribed in any o ther relevant Statutes

a nd Regulations of the University ,

Du ration o(Course

The Course o[Studies leading to the Degree of Doctor ofLaws extends over a

period o f six years as specified in Regulation 4 hereof.

Sptdal Course Requirements

To apply fo r admission to thc course leading to Ihe Degree oH)octorofLawsa

candidatc must, besides satisfying the conditions for adm ission as a regular student in

te rms of the Admission Regu lations of the University. satisfy the following Special

Course Req uirements

passes at Advanced Level (two of which at Grade C or better and the other at

Grade 0 or bettcr) in

(i) English

(ii) Ma ltese

(iii) at least one of: Ital ian . French. Latin. Economics and Ph ilosophy

and. if not alrcady o ffered 31 Advanced Level. passes at Ordinary Level in

( il

Ita lian

FrenchorLatin

(ii )

in the /o.'lalriculat ion Examination o f the Unj"crsi,y. Of 31 corresponding levels of

OIher examinations recognised by the $enace for the purposes of the Admission

Regu lations

Provided thal a candidate who is a gradua te of a untversi ty. or has OI lier

qual ifocations considered 10 be sufficien t. may be e ~ cmptcd by the Admissions

Board . on the adviceof lhc Facull y AdmissionsCommi ltcc. from Ihe whole o r part

of these Special COUrl;C Req uiremenlJ.

Course Curriculum

The subjects of the Course of Law sholl indude Ihe followi ng

4 .1

Civil Law

Roman law

Philosophy of Law

G"il Procedure

Criminal Law

Criminal Proced ure

Commercial Law

Commercial Procedure

Public Law. including

Consti tutiona l Law

Administ rative Law

Public In lCrnational Law

Private [mernational Law

Industrial Law

Fiscal Law

:md such other subjects as may be determined from time to time by the Senate on the

advke of th e Faculty Board. The allocation of the subjects to panicularyeaT5/semcsters

shall be made from time to time by tile Senate on the ad\·ice of tile Faculty Board.

2 The Faculty Board sh.all have the P'O"'·er in appropriate cases to exempt a

st udent from one o r more subjeel5 in any year. ifit h;sath;fied that the studcnt isalT'Cady

academically q ualified in that subject or lOOse subjeclS on t he basis o f degrees and

diplomas obtained by such ,tudenl in thh;or allQtlier universi ty

Provided that the Faculty Board ma y oot. withOllI IM approval of the $enate.

exempt a st udent from moT'C than a thi rd pan of the 5ub;':cts in an academic year.

Grades. Asses.'iml'fll.'i and ExamJnalions

1 In each year the Facull}' Board shall award students grades on the basis of

t heir gene ral performance throughout the year in t he sUb;':C1S taught in that yea r.

B 79()

S.2

In the final )"Car of lhe cour.;e. Ihe c:o;aminalion shall be held in two parts

(a)

Part One. which shall consist of the assessments and examinations

hereunder referred to arld as specir""d in the syllabus . To this part "fthe examination

all the provisions rnemioned in Ihis Regulat ion shall apply.

(b)

['art Two , which shall consist of the submission of a thesis and a final oral

examination on the subject thereof ~ provided (hat no student shall be allo ... ·cd [0

submit lIis thesis 10 the Faculty Board before he has bccn approved in ParI One orlhe

examination orl he final year of the course.

5.3 The grades mentioned in Regulation 5.1 hereof shall take into account the

assessmenl$ , and the results of the written and oral exa minations as provided for in

Regula.ion 5.6 hereof. In each ~ar. l'JIaminalions shall be held in every subje<:1 taught

in that year. unlessothe ...... ·ise provided in th e Syllabus.

5,4 AssessmenlS shall be made in each subject taught and shall lake into

considerat ion the 00Ilf5e work and perfonnana: of each student during the year. The

assessment shall be made by the Head of Department. or. in tile event that he is

debarred by the Regulations of the Un iversity from being a member of the Board of

Exam in ers, by the Chainnan of such Board.

5.5 There shall be a Committee of th e Boards o f Examiners composed of all the

members of the Boards of Examiners examining in a parti~ular year. The Committee

shall be chaired by the Dean of the Faculty and . in his abseno:e . by a Head o f

Department elected 10 chair the meeting by Ihe Comm ittee mee ting. The quorum of the

Commiuee meetings shall consisl of one more than a third of the members thereof.

It sha ll be the function of Ih e Commillee o f lhe Boards of Exami ners 10

5 .6

consolidale the results oblained by each sludenl in as.sessmenl$ and e~aminalions and to

make recommendations 10 Ihe Facully Board regarding the grading and/or the referral

o f st udents in the wrinen and/or oral uaminations of any subject. and Ihis in

ac\:o rdanc.:: wil h guidelines laid down by the Faculty Board .

5.7 A student "'ho is graded Failed in a panieular year. Hnd remains so graded

even after Ihe referral referred to above. shall not be allowed 10 proceed toth e text rear

o fth\: course. Such stude nt may. however. be alLowed by the Fa~uhy Board to rejoin the

Course once o nly in tenns of Regulation 8 hereafter,

Thesis

n.1 The subject o f the lhe5is referred 10 in Regulaton S.2(b) hereof shall be

subm itted b), a candidate for the approval of the Facul ty Board at any lime afte r the

candidate has been approved in the examinat ions held in the third year of the course

hut. "ithuut a ~ood and sufficient ea usc. nOllaler th an the end o f the founh year of the

Cn uN: .

6 .2 The Faculty Board shall. afler approval of the subject of the thesis. appoint

I.

.1 tutor to direct and supervise the ... ork of Ill<: candidate ;

a Board of E~aminers composocd of Ihe tutor and t ... o other e xaminers to

ii.

e ~amine the th esis.

B

6 .3 A candida te m a ~ submit his th esis for the approval ofllle Facully Board in the

sixth year of Ih e course after he has been approved in all subjects of Ihe Course.

(,.4 A candidate. who, for a rta§On considered justified by the Faculty Board,

does nOI submi l lhe thesis during the Si~th Year orllle Course. may submit il for the

approval of Ihe Facult y Board within a period of twO years following the final }'nr. The

said period of Iwo years may be extended further by Senate for a good and sufficient

ClIUse .

5 The thesis is 10 be un original work on the approved subject or other

con tribution to the knowledge the reof showing that Ihe student has carried out

sufficient researdl therein .

6.6 The thesis shall be prese nted in such format. be of such lengt h and be

submitted in such number of copies as the Faculty Board may. in gu idelines, direc\.

6.7 Thecandidate. when submitt ing his thesis. shall sign a declaration sta ting th at

it is his own personal work and specifying expressly if it has been previouslysubmi11ed or

is concurrentl y being submi11ed in candidature for another degree or diploma. In such

case the studen t shall also state what par! ofi ' has been or is being 50 submitted and the

Facuity Board shall hne the right to decide whether to accept or not such a thesis.

6.8 The Board of Examiners shall within 5uch time as may be determined by the

Faculty Boa rd submit a repoT! to the said Facu lty Board on the merits o f the thesis and

as to whe ther it satisfies the requiremenus of Regulation 6.5 hereof.

6.9 If the report of the Board of E.u miners is favourable , the student shall be

required to undergo a final o ral examination before a Comm illl:e o f the Faculty Board.

The said Committee shall be composed o f the members of the Board of Examiners

appointed toeKalll inc t he thesis and the members of the Faculty Board. The quorum at

meetings of the said Commi11ee shall consist o f two members of the Board of Examiners

and ' ... ·0 mt'mbers of the Faculty Board. The said Committee shall be chaired by the

Dean o f the Faculty and in his absence by a Chairman elected by the Commi ttee .

6. 10 The Faculty Board shall lay down guide1i!lCS for the holding of the

abo"emcntioned oral exam ination.

6 .1 1 0) The Committee shall report to Ih.e Faculty Board on the rC$ult o f the

oral uamina tion mentioned in this Regulation.

(ii) The Faculty Board shall after the recei pt of such report submit a final

report to the Rector stating whethcr a student should be admilled to the Degree of

Doctor of Laws.

Non-Allendanct'

A student who. after due warni ng given in writing, persistently fails 10 attend

lectures and/or tutorials without adequate justi fication ma~ be debarred b~ the Facult~

Board from sitting for an~ or all of the examinations.

Rejoining ofCourw

A student who has interrupted his course of st udies or who has failed in a

parlif.:ular year may be allowed by the Facult~ Board to rejoin the Course in sueh year as

the Faculty Board may deem appropriate. and in 50 doing the Faculty Board may

requi re such st udent to sit for such funher examina tions. besides lhose specified in Ih e

syllab us. as it m3ydeem necessary

Provided Ihal in no ease shall a sludent complete hi5 OOIIrse of 5tudie$ in a period

longe r Ihan eight years. apan from the period for the submission of the thesis 35

indicated in Rcgu lalion 6.4 hereof. e ~cepl with the special penn issionofScnate for

a good and sufficient tal.lSC .

TMlltSitory Pro~ision

These Regulations shall apply to studenlS admi n ed to courses commenci ng on

or after the 1st January. 1985

Provided that students woo weTI' adrnilled to a course leading to the Dt-gree o f

Doctor of Laws before the coming into force of the;;c Regulations shall. for the

purposes of Regu la tion 8 hereof. be deemed to have commen ced the said cou rse in

the year in which the course they rejoined actua lly commenced.

IU:C ULATI DNS FOR THE OIPI.o.\I" OF NOTARY PUBLIC (N.".)

Appl icable Rtgulatlons

I . The Regulations applicable for the Degree o f Doctor of Laws sha ll apply to

students ""ho take the Course leading 10 the Diploma of Notary Pub lic (N .P.) with the

folluwing e ~ceptions and varimions

The Course shall ex lend onl y over Ihe first fou r )'ears of the Course for the

I.

()e~ree of Doctor of Laws.

ii .

The studen t following the Course for the Diploma of Notary Public (N .P.)

bo;, r(''1ui red by lhe Facu lty Board to si! for such additional examination~ as may

m ;,~

ne 'pccified by il.

(N.".,

I". The students following the Course for the Diploma of Notary Public

" 1',,'0 nOI subm it a thesis before obtaining thei r Diplomo.

Transilor~' Pro\'ision

2. These Regulations shall apply 10 studenls admitted 10 courses

comme ncing on or after the 1st of January . 1985

Provided that students woo were admit!ed 10 a course leading to the Degreeof

DoctorofLaws before the coming into force of these Regulation sshall. fo rlhe

purposes of Regulation 80fthe' Regulatiom for the Degree of Doctor of La", ..

and for the present Regula tions. be deemed 10 ha"e commence d Ihe said

course in the year in which the Course Ihey rejoined actually commenced.

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