Category: News

Stronger and Smart EU Borders: Upcoming Changes Affecting Travel to/from the Schengen Area

Two major changes with regard to crossings of the external borders of Schengen States by third-country nationals (‘TCNs’), namely the Entry/Exit System (‘EES’) and the European Travel Information and Authorisation System (‘ETIAS’), are expected to become operational by 2024.[1] These changes shall complement the Schengen acquis for external border checks and short-stay visas, by:monitoring and […]

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Get ready to complete the 2023 Risk Evaluation Questionnaire

  The Financial Intelligence Analysis Unit (“FIAU”) has announced that the 2023 Risk Evaluation Questionnaire (“REQ”) is now available for completion only through the Compliance and Supervision Platform for Assessing Risk (“CASPAR”) portal. Subject persons who are not yet registered on the CASPAR portal are reminded of their obligation to do so without further delay. […]

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Where Employment meets Competition law

The world is changing fast, as are markets, trends, opportunities, and threats for both employers and employees, albeit in different ways.The pinch of a perceived protracted labour shortage across several sectors has led some employers, particularly those overzealous to protect their own resources, to veer away from the straight and narrow, by engaging in unlawful […]

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Public companies’ general meetings: Repeal of Companies Act (Public Companies – Annual General Meetings) Regulations

On the 21st February 2023, L.N. 41 of 2023, the Companies Act (Public Companies – Annual General Meetings) (Repeal) Regulations 2023 (the “Repeal Regulations”) were published, repealing the provisions of S.L. 386.23 (Companies Act (Public Companies – Annual General Meetings) Regulations) (the “Regulations”). The Regulations were published on the 10th July 2020 and were one […]

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EBA issue Draft Regulatory Technical Standards on identification of groups of connected clients

On 21 December 2022, the European Banking Authority (“EBA”) published its final Draft Regulatory Technical Standards (“RTS”) on the identification of a group of connected clients (“GCC”) under Article 4 paragraph 1 number 39 of the Capital Requirements Regulation (“CRR”).The draft RTS, in conjunction with the EBA Guidelines on connected clients, provides a complete framework […]

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Transposition of the Mobility Directive – Guaranteeing a Company’s Right to the Freedom of Establishment

Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (the “Mobility Directive”) aims to ensure the right of freedom of establishment of companies incorporated within the Union by harmonising the provisions applicable to cross border operations with a view to strengthening the single market, whilst protecting the rights of all stakeholders involved. As outlined […]

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ESMA issues Consultation Paper on the Manual on Post-Trade Transparency

On 19 January 2023, the European Securities and Markets Authority (“ESMA”) launched a public consultation relating to certain technical issues to allow for further guidance in its future manual on post-trade transparency. The consultation paper is aimed at entities subject to the post-trade transparency requirements and/or reporting such information – investment firms including SIs, trading […]

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Exclusion from future tenders due to your joint-venture partner default – European court clarifies position

The Court of Justice of the European Union (the “CJEU”) has recently opined on the exclusion from participation in future public procurement procedures of economic operators participating in a public contract as a group of economic operators / joint venture, where that contract is terminated early due to deficiencies by the group / joint venture. […]

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Predictable working conditions … at the cost of the freedom to contract?

Directive 2019/1152 on transparent and predictable working conditions (the “Directive”) was transposed into Maltese law on the 21 October 2022, pursuant to Transparent and Predictable Working Conditions Regulations (the “Regulations”).The purpose of the Directive is to provide additional protection and certainty to employees, through adequate information and protect workers in precarious jobs.Commissioner for Jobs and […]

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