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Communication | Doc. 14846 | 20 March 2019

Election of Judges to the European Court of Human Rights

List and curricula vitae of candidates submitted by the Government of Malta

Author(s): Secretary General of the Parliamentary Assembly

1. List and curricula vitae of candidates submitted by the Government of Malta

Letter from Ms Kathleen Vella, Chargé d’affaires a.i, Permanent Representation of the Republic of Malta to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 7 March 2019.

[…]

In accordance with your letter dated 23rd February 2018 and following the opinion of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights, I have the honour to submit to you the list of three candidates in respect of Malta.

With reference to the national selection process, the Ministry for Justice, Culture and Local Government has informed that:

In line with the Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights, an open and public call was launched. The eligibility and selection criteria required for this post were issued in Government Gazette number 20,096 and in a local newspaper. A Selection Committee was also set up at national level in order to assess applicants for this post. This Selection Committee was composed of: a former Judge acting as the Chairperson of the Committee; the Permanent Secretary under whose remit matters dealing with Justice largely fall; and a lawyer of recognised competence.

A total of five applicants applied for this post. One application was received after the expiration of the due deadline. In line with the call for applications, this application was automatically considered to be ineligible. The other four applicants, were called in for in camera viva voce interviews. Following such interviews, the Committee was of the opinion that all the four applicants were suitable to be candidates for the post of Judge to the ECtHR.

Having said that, after taking into account all the established criteria applicable to the selection process as well as the aptitude, academic background, practical court experience and other relevant qualities of each applicant, the Committee suggested that the following three candidates – being shown in alphabetical order hereunder – be nominated on Malta’s behalf and duly communicated to the Parliamentary Assembly of the Council of Europe, through the Permanent Representation of Malta to the Council of Europe, in Strasbourg:

  • Dr BUTTIGIEG Victoria
  • Madam Justice LOFARO Abigail
  • Madam Justice SCHEMBRI ORLAND Lorraine

[…]

Appendix 1 – Victoria BUTTIGIEG

(open)

CURRICULUM VITAE

I. Personal details

Name, forename: Buttigieg, Victoria

Sex: Female

Date and Place of birth: 28th November 1976, Malta

Nationality: Maltese

II. Education and academic and other qualifications

  • B.A. in Legal and Humanistic Studies (1998), University of Malta
  • Diploma Notary Public (1999), University of Malta
  • Doctor of Laws (LL.D) (2001), University of Malta
  • Warrant to practice legal profession (2002)
  • Master of Arts in Financial Services (2004), University of Malta

III. Relevant professional activities

  • 23rd September 2002 – 15th January 2007Legal Officer at Works Division, Ministry or Resources and Infrastructure
  • 16th January 2007 – 31st October 2010 – Lawyer at the Office of the Attorney General
  • 1st November 2010 – 31st July 2012 – Senior Lawyer at the Office of the Attorney General
  • 1st August 2012 – to date – Assistant Attorney General at the Office of the Attorney General

IV. Activities and experience in the field of human rights

As from the 1st August 2012, as the Assistant Attorney General within the Office of the Attorney General, I head the Civil, Administrative and Constitutional Law Unit within the Office. One of my main activities as Assistant Attorney General is to plead constitutional cases that are instituted against the State and these range from alleged violation of property rights, fair hearing, right to privacy, freedom of expression, freedom of association, right to life, protection against inhuman and degrading treatment amongst others. As head of unit I also take on those cases that are very high profile or which concern issues that have not yet been constitutionally or conventionally tested. I also follow those constitutional cases where an alleged violation of the European Union Charter is alleged or where a combination of various violations in terms of Malta’s international obligations are concerned. It is to be pointed out that my contribution in this field at the Office started when I joined the Office of the Attorney General and, therefore, I have been active in this field for the past twelve years.

As head of unit, I monitor and supervise pleadings, as well as discuss those constitutional cases that I assign to other legal officers within the unit.

The Attorney General acts as the Agent that pleads on behalf of Malta in front of the European Court of Human Rights. As Assistant Attorney General, I draft all the replies to be transmitted to the Registry of the said court and I also make sure that Malta’s replies are uploaded on the Malta web page of the European Court of Human Rights. I follow all the cases instituted against Malta before the European Court of Human Rights from beginning to end, that is, as I indicated I draft all the submissions, transmit to the Court all the information requested, draft unilateral declaration in those cases that such unilateral declaration is called for, I also follow the execution of all the judgments of the Court. Thus, whenever a judgment is delivered against Malta, I make sure that the monetary compensation awarded by the Court is settled by Malta within the timeframes given. Following the settlement of the said amounts, I inform the Department of Just Satisfaction that payment was effected in accordance with the judgment of the Court. I also draft the action plans and action reports evidencing execution of the Court judgments and all the measures both individual and general measures that are taken by Malta in order to execute such judgments. To this end, I work closely with the Department of Execution of Judgments in order to obtain the publication of action reports for the Committee of Ministers to consider in order to pass a resolution to declare that the judgment was properly executed.

I also draft submissions relative to cases instituted against Malta before the UN Human Rights Committee.

I also follow those cases instituted in terms of Article 6 of the European Convention Act (Chapter 319 of the Laws of Malta), where following a judgment of the Court, an applicant requests execution of that judgment before the Constitutional Court.

During the period that I have taken up the post of Assistant Attorney General, I organised two visits to Malta by officials from the Department of Execution of Judgments which has proved vital in order to close a number of pending executions.

I also vet legislation that is drafted by various Ministries in order to make sure that it is consonant with the human rights protections afforded by the Constitution of Malta, European Convention and the Charter.

I also act as the national liaison officer of Malta for the Fundamental Rights Agency. I attend the NLO meetings that are organised by the Agency, as well as conferences and seminars. As NLO, I also transmit information requested by the Agency and assist the Agency in the nomination of national experts as requested.

I regularly attend the meetings of the Steering Committee for Human Rights (CDDH) in Strasbourg which committee is composed of experts from each contracting state and conducts the intergovernmental work of the Council of Europe in the human rights field.

I was also part of the team representing Malta during the 2013 Malta UN Universal Periodic Review that took place in Geneva, Switzerland.

V. Public activities

I never held an elected post/post in a political party or movement.

VI. Other activities

I am a member on the Committee for Advocates and Legal Procurators set up in terms of Article 3 of the Commission for the Administration of Justice Act (Chapter 369 of the Laws of Malta).

I am regularly appointed as Acting Attorney General whenever the Attorney General is away from Malta or when for some other reason cannot fulfil the functions of Attorney General.

While serving as Acting Attorney General and on those occasions when the Attorney General abstained, I sat on the Judicial Appointments Committee set up in terms of Article 96A of the Constitution of Malta.

I have acted as a reviewer in the peer review of Belgium in the second cycle on the implementation of Chapter II – preventive measures and Chapter V – asset recovery of the UN Convention against Corruption.

I have also participated in various reviews of Malta conducted by international organizations including Moneyval, UNCAC, CPC and Venice Commission.

On occasions, I act as member on the Board of Examiners of thesis/dissertations submitted by the law students at the Faculty of Laws, University of Malta.

VII. Publications and other works

Not applicable.

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

Maltese

X

   

X

   

X

   

b. Official languages:

 

 

 

 

 

 

 

 

 

English

X

     

X

   

X

 

French

 

X

     

X

   

X

c. Other languages:

 

 

 

 

 

 

 

 

 

Italian

 

X

     

X

 

X

 

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language, please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I confirm that if I do not meet the level of language proficiency required for the post of judge in an official language, I will follow intensive language classes as required.

X. Other relevant information

Not applicable.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court

I confirm that if elected a judge of the Court I will take up permanent residence in Strasbourg.

Appendix 2 – Abigail LOFARO

(open)

CURRICULUM VITAE 
			(1) 
			Text in bold indicates
posts or missions held at present.

I. Personal details

Name, forename: Lofaro, Abigail

Sex: Female

Date and place of birth: 16 September 1961, Malta

Nationality/ies: Maltese

II. Education and academic and other qualifications

Education

  • Primary School, Cospicua (1967-1972)
  • Convent of The Sacred Heart (1972-1977)
  • De La Salle College (1977-1978)
  • University of Malta (1978-1984)
  • Metropolitan Tribunal of Malta, Archbishop’s Curia (1994-1995)
  • University of Malta (1999-2001)

Academic Qualifications

  • Diploma of Notary Public (1982) (University of Malta)
  • Degree of Doctor of Laws (LL.D.), Thesis in Civil Law, “Grounds of Annulment of Marriages, with special reference to Defects of a Psychological Nature”) (1984) (University of Malta)
  • Diploma in Canonical Marriage Cases, Jurisprudence and Procedure (1995) (Metropolitan Tribunal of Malta, Archbishop’s Curia)
  • Degree of Magister Juris in European and Comparative Law, Mag. Juris (Eur. Law), thesis in European Competition Law, “The Concept of Dominance as Applied in Telecommunications Regulation”) (2001) (University of Malta)

  • Called to the Bar in Valletta, Malta, May, 1984

III. Relevant professional activities

a. Description of judicial activities

Judicial activities

  • 1996 – 2006 – Magistrate: presiding over the Court of Magistrates as a Court of Criminal Inquiry and as a Court of Criminal Judicature, presiding also over the Court of Magistrates in its Civil Jurisdiction
  • Since 2006 – Judge of the Superior Courts of Malta, trying civil and commercial cases and Constitutional redress applications in first instance. Sitting on a number of occasions on the Court of Appeal (Superior Jurisdiction) and on the Court of Criminal Appeal (Superior Jurisdiction), in cases when one of the Judges sitting on the Court of Appeal in its Civil and Criminal jurisdiction, respectively, cannot hear a particular case.
  • Since 2010 – Ad Hoc Judge to the European Court of Human Rights, Strasbourg.
  • Since June 2011 – Judge of the Superior Courts of Malta, sitting in the Civil Court (Family Section) trying divorce, separation, marriage annulment, custody, maintenance, paternity, filiation and abduction cases in first instance. Presiding also over mediation proceedings, issuing regularly decrees regarding parental responsibility, custody, access, maintenance and cases of expulsion of a spouse from the matrimonial home in cases of violence.
  • Since January 2013 – Judge sitting with two other judges in the Court of Criminal Appeal
  • Since June 2018 – Appointed President of the Family Court in Malta
  • Since July 2018 – Appointed Hague Network Judge in respect of Malta

b. Description of non-judicial legal activities

  • Counsel to the Housing Department, Malta, from 1984 to 1986, responsible for general legal advice and for handling all court cases in which the department was involved, whether as plaintiff or as defendant.
  • Sitting also on a Social Housing Board, evaluating humanitarian cases which merited to benefit from Social Housing.
  • Counsel at the Law Revision Commission, from 1987 to 1990, responsible for overseeing the correct amendment to the principal laws of Malta by the Commission, for the eventual publication of the Revised Edition of the Laws of Malta.
  • Private Secretary to the Parliamentary Secretary responsible for Housing, from 1990 to 1991, advising on housing laws and policies favouring social housing. Providing also legal advice to the Parliamentary Secretary in Parliament during parliamentary debates approving the Social Housing Budget.
  • Private Practice: Lawyer at the Law Firm Grech and Associates, from 1991 to 1996, dealing, also before the Courts, with Civil, Commercial and Family Law cases, and appearing before the Metropolitan Tribunal in marriage annulment cases.

c. Description of Non-legal Professional Activities

  • Acting Housing Secretary and Acting Secretary to the War Damage Commission, from 1986 to 1987, acting head of the Housing Department, responsible for the allocation of housing units to deserving social cases, such as to the homeless, the unemployed, the infirm, handicapped or elderly persons, single parent families or persons inhabiting dilapidated, sub-standard or dangerous structures,
  • Private Secretary to the Parliamentary Secretary responsible for Social Accommodation, from 1990 to 1991, responsible for the drafting of social housing accommodation schemes and for the compilation of annual reports on the workings of the Secretariat.

IV. Activities and experience in the field of human rights

  • As Magistrate, I delivered a number of decrees upon applications requesting the Court of Magistrates to refer a matter regarding fundamental human rights to the First Hall of the Civil Court, determining whether or not the raising of the question was merely frivolous or vexatious.
  • As a Judge of the Superior Courts, I tried various constitutional cases in the first instance. I also tried constitutional cases referred to my Court by the Court of Magistrates as described above, and cases referred to my Court by the Criminal Court and by the Court of Appeal, in its Civil and in its Criminal Jurisdiction, upon applications made in that Court regarding the fundamental rights and freedoms of the individual, when that Court is of the opinion that the matter is not merely frivolous or vexatious.
  • As President of the Family Court, I deal with human rights issues on a day to day basis. I constantly apply the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence. I also apply the United Nations Convention on the Rights of the Child and the European Convention on Human Rights in dealing with matters relating primarily to Article 8 of the Convention. In the Court of Criminal Appeal, I regularly apply the European Convention on Human Rights on matters regarding the right of the accused to a fair trial.
  • I am ad hoc Judge to the European Court of Human Rights, Strasbourg and I was Judge Nominee to the European Court of Human Rights, Strasbourg in 2010, voted second by the Parliamentary Assembly of the Council of Europe.
  • I was chosen by the President of the European Court of Human Rights as ad hoc Judge in October 2016 to sit in respect of Malta in the case Saliba vs Malta (Application number 24221/13), decided by the Court on the 29th November 2016.

V. Public activities

a. Public office

In May 2004, I was appointed by the Deputy Prime Minister as a Board of Inquiry (acting as a single person), in accordance with the Inquiries Act, to examine the entire process which led to the deportation of Eritrean nationals from Malta in September/October 2002. In accordance with my terms of reference, I examined various witnesses and several documents which were exhibited. I submitted my report to the Deputy Prime Minister in September 2004.

Since 2003, I am a Member of the Association of Members of the Judiciary of Malta.

b. Elected posts

President of the European Association of Labour Court Judges (EALCJ) 2011 – 2012

c. Posts held in a political party or movement

None

VI. Other activities

  • I am the national representative on the EALCJ and attend various conferences and annual general meetings of the EALCJ.
  • I hosted the EALCJ annual meeting in Malta in 2011.
  • I have also attended meetings organised by the ILO (International Labour Organisation).
  • I have attended various seminars for Judges organised by the OHIM (The Office for Harmonisation in the Internal Market) on Trade Marks and Design Litigation.
  • I have attended various seminars and conferences organised by the ERA (the Academy for European Law) in Trier, Germany, on anti-discrimination, labour law, human rights and family law.
  • In 2008, I attended a Seminar of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union: “The Administrative Judge and the European Law about Environment”, held in Brussels, Belgium.
  • I also attend various seminars organised by the European Justice Training Network and those organised by the Judicial Studies Committee, Malta.
  • In November 2018, I presided over a Moot Court session entitled “Family dispute”, organised by the Junior Chamber of Advocates (Malta).

VII. Publications and other works

  • Since 1997: Numerous court cases decided as a Magistrate and later as a Judge, which have been published in the collection of case law.
  • The Principle of non-discrimination in so far as concerns the free movement of workers, nationals of EU Member States – December 2000.
  • A discussion and analysis of recent developments concerning fundamental human rights in the European Union – May 2001.
  • A critical analysis of the Advocate General’s opinion and court judgement delivered by the European Court of Justice in the Oscar Bronner case (1998) and a comparison between this case and previous case law on refusal to supply/deal or license – May 2001.
  • A paper on “The question of the extra territorial application of the Merger Regulation” – May 2001.
  • A paper on the “New block Exemption or Vertical Restraints” – May 2001.
  • A paper submitted to the Minister for Justice and Local Government regarding The White Paper on the Family Court, July, 2001.
  • A speech delivered on Rome III, Regulation (Council Regulation (EU) No. 1259/2010 of 20 December 2010) to various EU Member States’ representatives in Malta on the occasion of Malta’s presidency of the European Union, April 2017.
  • “Why has the Accession by the European Union to the European Convention on Human Rights not yet materialized?” – An Article which is to be published in the December 2018 edition of “Law and Practice Journal”, published by the Chamber of Advocates (Malta).

XIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

Maltese

X

   

X

   

X

   

b. Official languages:

 

 

 

 

 

 

 

   

English

X

   

X

   

X

   

French

X

   

X

     

X

 

c. Other languages:

 

 

 

 

   

 

 

 

Italian

X

   

X

   

X

   

Latin

   

X

           

IX. In the event that I do not meet the level of language proficiency required for the post of judge in an official language, I confirm my intention to follow Intensive language classes of the language concerned prior to and if need be also at the beginning of my term of duty if elected judge of the Court.

X. Other relevant information – See III, V and VI above.

XI. I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

Appendix 3 – Lorraine SCHEMBRI ORLAND

(open)

CURRICULUM VITAE 
			(2) 
			Text in bold indicates
posts or missions held at present.

I. Personal details

Name, forename: Schembri Orland, Lorraine

Sex: Female

Date and place of birth: June 21, 1959, Malta

Nationality/ies: Maltese

II. Education and academic and other qualifications

  • Convent of the Sacred Heart (1964 – 1975)
  • University of Malta:
  • 1975–1976 – One year B.A. (Gen) Degree in Philosophy, Economics and History of Mediterranean Civilisations 
			(3) 
			This was a standing
year before the commencement of the LL.D. Degree course.
  • 1976–1981 – University of Malta – Doctorate of Laws (LL.D.)
  • 1994–1996 – University of Malta – Magister Juris in European Law -(M.Jur. (Eur. Law))

Other:

  • 1985 – Salzburg Institute – Fellowship in American Constitutional Law and Legal Institutions (Session 244)
  • 1995 – Diploma in Canonical Law and Jurisprudence (Dip.Trib.Eccles.Melit) 
			(4) 
			A pre-requisite for
legal practice before the Ecclesiastical Marriage Tribunal.
  • 2004 – Malta Institute for Financial Services – Diploma in the Law and Administration of Trusts

III. Relevant professional activities

a. Description of judicial activities

2012- current: I currently preside over the Civil Court, First Hall which has civil competence, as well as original jurisdiction in matters of Fundamental Human Rights as guaranteed by the Maltese Constitution and by the European Convention on Human Rights. I also preside over the Civil Court (Voluntary Jurisdiction) which is competent in matters of probate, minority, interdiction and incapacitation, Guardianships, Trusts, Foundations and cross border successions.

b. Description of non-judicial legal activities

  • First Female Member of the Committee of the Malta Camera Degli Avvocati
  • 1982–2012 – Extensive practice before Maltese courts with diverse competences, ultimately specialising in family and matrimonial law also in cross border matters including international child abduction procedures
  • 1991–1993 – Member of drafting committee entrusted with broad legislative reforms to the Constitution of Malta and to the ordinary law in order to eliminate discrimination on the basis of gender as part of Malta's process of accession to the UN CEDAW Convention
  • 1991–1993 – Co-drafter of a radical review of the Maltese Family Law to replace marital authority with the principle of equality of the spouses
  • 1991–1995 – Advisor on Gender mainstreaming within the public sector
  • Chair of an Inter-Departmental Commission to advise and regulate all aspects concerning domestic violence
  • 2000 – Drafter of Domestic Violence Bill
  • Member of the National Consultative Committee on Bioethics
  • Thesis examiner – Degree of Doctorate of Laws, University of Malta
  • Member International Academy of Family Lawyers (IAFL) – current status: judicial Fellow

c. Description of non-legal professional activities:

  • 1988–1992 – President, National Council of Women (Malta)
  • 1993–1995 – Expert Advisor to the Commonwealth Secretariat entrusted with the drafting of a Plan of Action on Women and Development for the Commonwealth
  • Vice Chairperson of the Commission for the Advancement of Women, Malta (1989-1997), advisory to the Cabinet
  • 1990–1992 – Chairperson of the Interdepartmental Action Committee on Violence Against Women
  • 1988–1990 – Elected member to the Executive Board of the Conseil International des Femmes (ICW)
  • 1989–1995 – Attendance CDEG and numerous conferences and meetings within the UN(CEDAW), Commonwealth and Council of Europe on gender issues

Other posts held include membership of the following:

  • The European Council of Women, (CECIF) (ex officio)
  • Women in Business Association
  • The Malta Chamber of Commerce
  • Founder member of Soroptimists (Malta)
  • Member of the National Consultative Committee on Bioethics
  • Director – Middle Sea Insurance Company Limited, and subsequently Middle Sea Insurance p.l.c.
  • Director – Sea Malta Company Limited and of its subsidiary insurance company
  • Parliamentary Correspondent (1977-1986) for the Times of Malta
  • Recipient of the USIA Visitors Programme to the United States on “Women and Minorities in Public Affairs “(1986)
  • Member of the founding committee of San Blas Drug Rehabilitation Centre set up by Caritas (Malta)
  • Member of the Presidential Fund for Overseas Relief
  • Founder Member and Secretary of the Malta-US Alumni Association (MUSAA)

I no longer hold any of these positions due to my current position as a member of the Bench.

IV. Activities and experience in the field of human rights

Judicial

2012 – present: Judge in the First Hall of the Civil Court of Malta which has original jurisdiction to decide on an application by any person who alleges that any of his Human Rights and Fundamental Freedoms has been, or is being, or is likely to be violated. The applicant can base his claim on the Human Rights provisions of the Maltese Constitution and/or the European Convention on Human Rights.

Amongst these:

  • 05-06-2014 – Judge Carmelo sive Lino Farrugia Sacco vs the Hon. Prime Minister, Attorney General and the Commission for the Administration of Justice – Art 6(1), Art 11 (Judgment concerned pending proceedings for impeachment of a sitting judge)
  • 12-03-2015 – Emanuel Caruana et. vs Prim Ministru et. – Police Pensions Case – Art 1 Protocol 1, Art.14
  • 12-05-2015 – Jason Genovese vs Kummissarju tal-Pulizija et. – Admissibility of Article 6 to proceedings brought by a civil party to criminal proceedings
  • 03-12-2015 – Sebastiano Brunno vs Avukat Generali et – Art 3, Art.6 – Judgment concerning Art.41 bis Ordinamento Penitenziario (Italy) within the context of extradition proceedings of a convicted murderer with known links to the Mafia
  • 28-01-2016 – L-Avukat Mark Refalo noe. vs Id-Direttur tal-Artijiet et. -Expropriation – Art 6(1), Article 1 Protocol 1
  • 25-02-2016 – Rose Borg vs Avukat Generali et. Rent Laws – Art 1 Protocol 1
  • 26-05-2016 – Partit Nazzjonalista et. v Electoral Commission et. – Protocol 1 Art 3, Right to Free Elections, Locus Standi of Political Parties, Right to an effective remedy – judgment pursuant to ballot counting irregularities
  • 26-05-2016 – Alfred Zaffarese vs Avukat Generali et. Art 6, Limitations of Freedom of Expression further to statements in the Media within the context of the Presumption of Innocence of the Accused
  • 13-10-2016 – Reginald Grech et vs Onor. Ministru ghat-Trasport u l-Infrastruttura et – Forced retirement and revocation of operating licenses of Port Foremen – Article 1 Protocol 1, Article 14
  • 27-10-2016 – Joseph Calleja vs Avukat Generali – Art 10 – imprisonment of a journalist- chilling effect – Art 41 – moral damages
  • 27-10-2016 – Darren Charles Desira vs Avukat Generali – Art 5 – bail – admission of guilt
  • 27-11-2016 – Architect Joseph Barbara et vs Avukat Generali et – Article 1 Protocol 1, Article 8, Legislation Ad Hominem and Principle of Legality
  • 28-03-2017 – Marie Therese Cuschieri vs L-Avukat Generali – status of a married woman – gender discrimination – Art 8 and 14, Article 1 Protocol 1, CEDAW, Fundamental Charter of Human Rights
  • 31-10-2017 – Angelo Frank Paul Spiteri vs l-Avukat Generali – Art 5(1)(f) and 5(4), Art.6 and Art.13- (Pre-trial detention pending execution of a European Arrest Warrant)
  • 15-02-2018 – Alessandra Radmilli vs Joseph Ellul et. – Rent Laws -Article 1 Protocol 1, Competence ratione temporis, Art 41
  • 27-02-2018 – Graziella Attard vs Avukat Generali – Art. 6(1),6 (3)(c) – Right to legal Assistance – Statement of person charged during interrogation
  • 10-04-2018 – Albert Ellul vs Avukat Generali tar-Repubblika – Art. 2 – Life Imprisonment
  • 21-05-2018 – Alfred Degiorgio vs L-Avukat Generali – Decree on Interim Measure re testimony by investigative officers in criminal proceedings
  • 28-06-2018 – Jesmond Muscat et. vs L-Avukat Generali – Art 6 and 8 – taking of child into care following allegations of sexual abuse by the father
  • 28-06-2018 – Patrick Falzon vs Il-Kummissarju tal-Pulizija et. – Art 5,6 – Pre-trial Detention and bail conditions, right to an effective remedy
  • 29-11-2018 – Jeremy James Farrugia vs Avukat Generali – Art 5 (3)(4)(5), reasonable suspicion, Pre trial detention

V. Public activities

a. Public office

Candidate for the Nationalist Party in the 1992 General Elections only

1992 – 1993 – Candidate for the Government of Malta for election to the UN CEDAW Committee, New York

1982 – 2000 – Legal advisor, founder member, executive member or President of the various NGO’s above listed

b. Elected posts:

Malta Chamber of Advocates

Conseil International des Femmes (CIF) Paris

National Council of Women (Malta)

c. Posts held in a political party or movement

Only as a candidate in 1992

I currently hold none of the above positions nor am I engaged in any of the above activities

VI. Other activities

Judicial Fellow in the International Academy of Family Lawyers (IAFL)

VII. Publications and other works

Papers Read and/or Published

  • Legal Aspects of Reproductive Technology – Bioethics Conference
  • Legal Issues in Genetic Testing – Bioethics Conference
  • Rights of Patients to Informed Consent – Bioethics Conference
  • CEPOL Seminar – Domestic Violence in International Experience – Representing the Victim
  • Maintenance Obligations Under EU Law, Divergences from the Local Scenario and significance of the same – Conference organised by the Chamber of Advocates Malta.
  • The Right of the Child to be heard in the Judicial Process – Seminar organised by the Chamber of Advocates Malta.
  • The Institution of Divorce and it’s Application in the Court of Malta – Seminar organised by the Judicial Studies Committee.

Various articles on the printed media, and public debates concerning gender issues and family law.

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

Maltese

X

   

X

   

X

   

b. Official languages:

 

   

 

   

 

   

English

X

   

X

   

X

   

French

 

X

   

X

     

X

c. Other languages:

 

 

 

 

 

 

 

 

 

Italian

X

   

X

   

X

   

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I consider that I do meet the level of linguistic proficiency required in both English and French. If necessary, I am certainly willing to further improve my skills in the French language by attending intensive language classes.

X. Other relevant information

I am married to George Schembri Orland, (date of marriage – 18th June 1983) and have one adult son, Kevin.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I do confirm that I will take up permanent residence in Strasbourg if elected a Judge on the Court.