Dr Justin Borg-Barthet

Dr Justin Borg-Barthet
Dr Justin Borg-Barthet

Dr Justin Borg-Barthet

BA (Malta), Dip. Not. Pub. (Malta), LLD (Malta), LLM (Aberdeen), PhD (Aberdeen)

Senior Lecturer

About

Biography

Justin studied Law and European Studies at the University of Malta. After qualifying as an advocate in Malta, he pursued postgraduate studies at the University of Aberdeen. This was followed by a lectureship at the University of Dundee. He joined the School of Law as a lecturer in September 2012 and was promoted to Senior Lecturer in 2017.

His research and teaching address a wide range of subject matter, principally in European Union law and Private International Law. The work includes analyses of the jurisdictional and choice of law rules in defamation cases, cross-border regulation of companies, and the recognition of same-sex relationships. The unifying theme in this body of work is an exploration of the allocation of decisional power as between individuals, States, and supranational regulators.

Justin is the author of a leading monograph on corporate mobility (The Governing Law of Companies in EU Law (Hart 2012). The book was described as ‘a remarkable analysis of the complex issues resulting from the intersection of private international law of companies and companies' freedom of establishment under the TFEU’ (Behrens (2013) CMLR 1870). Another review says: ‘The book, no doubt, will make an important contribution to the future development of corporate mobility in the European Union…it is highly recommended.’ (Schillig (2014) ELR 151).

Justin regularly acts as a consultant on legal reform relating to his research. He advised the European Parliament on a review of the Brussels IIa Regulation, and was a member of a steering committee advising the European Commission on the possible introduction of legislation concerning the cross-border mobility of companies. He has also advised a coalition of press freedom NGOs, the European Parliament and European Commission on the introduction of anti-SLAPP legislation.

His work on the recognition of same-sex relationships was cited with approval in AG Wathelet's Opinion in Case C-673/16 Coman.

Memberships and Affiliations

Internal Memberships
  • LLB Coordinator
  • Academic Line Manager
  • Elected member, Executive Committee (Law)
  • Member, Feedback and Assessment Task Force (Institutional)
  • Member, Undegraduate Committee (Institutional)
External Memberships

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Latest Publications

  • The legal background of SLAPP cases in Malta

    Borg Barthet, J.
    Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. Bayer, J., Bárd, P., Vosyliute, L., Chun Luk, N. (eds.), pp. 255-260, 6 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters
  • The Use of SLAPPs to Silence Journalists, NGOs and Civil Society

    Borg Barthet, J., Lobina, B., Zabrocka, M. E.
    Commissioned by European Parliament Committee on Legal Affairs (JURI). Brussels: European Parliament Committee on Legal Affairs (JURI). 64 pages
    Books and Reports: Commissioned Reports
  • Mutual Recognition of Companies as an Agency Problem

    Borg Barthet, J.
    Research Handbook on the Politics of EU Law. Cardwell, P. J., Granger, M. (eds.). Edward Elgar Publishing Ltd., pp. 300-319, 20 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters
  • Advice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union: Report commissioned by Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF) and PEN International.

    Borg Barthet, J.
    Commissioned by Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF) Reporters Without Borders (RSF), and PEN International.. European Centre for Press and Media Freedom. 21 pages
    Books and Reports: Commissioned Reports
  • Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law

    Ravo, L. M., Borg Barthet, J., Kramer, X. E.
    Commissioned by European Centre for Press and Media Freedom. Liberties. 48 pages
    Books and Reports: Commissioned Reports

View My Publications

Research

Research Overview

Justin's research explores several themes in private international law and EU law. He is able to provide lead supervision across a range of topics relating to his research. His published work explores the balance between individual freedoms and the rights of EU Member States to govern their socio-economic affairs. Publications span several iterations of the problem, including in respect of European company law, defamation, online gambling and the recognition of same-sex relationships.   

Current Research

Justin's current research explores several facets of the prevention of Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. In particular, the work explores how private international law rules can be deployed to suppress freedom of expression. The research was prompted by the redaction and deletion of press reports in an EU member state following vexatious threats of libel suits in jurisdictions in which a legal defence may have been beyond the prospective defendants' means. Justin's academic contributions in this area are accompanied by extensive public engagement with a view to supporting efforts to instigate legal reform.

Supervision

Current Research Students

  • Benedetta Lobina: The rule of law crisis and its implications for the European Union 
  • Magdalena Zabrocka: Citizenship and Residence by Investment Schemes in the European Union 
  • Hannah Duncan: Intercountry adoption and Islamic jurisdictions (2nd supervisor)
  • Mohammed Alfalhi: Limited liability in the Kingdom of Saudi Arabia (2nd supervisor)
  • Mahmoud Ashami: Minority shareholder protection in Libya (2nd supervisor)

Completed PhDs

  • Lela Melon: Overcoming the Prisoners Dilemma of European corporations
  • Chukwudi Ojiegbe: The interface between commercial arbitration and the Brussels I regime

Funding and Grants

Teaching

Teaching Responsibilities

Course coordinator

  • LS 2026 EU Institutions and Law
  • LS 4025 Dissertation
  • LS/LX 452E Contemporary Legal Issues in European Integration
  • LS/LX 452F Company Law (Honours)

 Lecturer/Tutor

  • LS 1025 Legal System
  • LS 2532 Private International Law
  • LS 25XX Comparative Law II: The Romano-Germanic Tradition
  • LS 401Q Private International Law of Commercial Law Honours
Publications

Page 1 of 3 Results 1 to 10 of 25

  • The legal background of SLAPP cases in Malta

    Borg Barthet, J.
    Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. Bayer, J., Bárd, P., Vosyliute, L., Chun Luk, N. (eds.), pp. 255-260, 6 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters
  • The Use of SLAPPs to Silence Journalists, NGOs and Civil Society

    Borg Barthet, J., Lobina, B., Zabrocka, M. E.
    Commissioned by European Parliament Committee on Legal Affairs (JURI). Brussels: European Parliament Committee on Legal Affairs (JURI). 64 pages
    Books and Reports: Commissioned Reports
  • Mutual Recognition of Companies as an Agency Problem

    Borg Barthet, J.
    Research Handbook on the Politics of EU Law. Cardwell, P. J., Granger, M. (eds.). Edward Elgar Publishing Ltd., pp. 300-319, 20 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters
  • Advice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union: Report commissioned by Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF) and PEN International.

    Borg Barthet, J.
    Commissioned by Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF) Reporters Without Borders (RSF), and PEN International.. European Centre for Press and Media Freedom. 21 pages
    Books and Reports: Commissioned Reports
  • Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law

    Ravo, L. M., Borg Barthet, J., Kramer, X. E.
    Commissioned by European Centre for Press and Media Freedom. Liberties. 48 pages
    Books and Reports: Commissioned Reports
  • The Brussels Ia Regulation as an Instrument for the Undermining of Press Freedoms and the Rule of Law: an Urgent Call for Reform

    Borg Barthet, J.
    Working Papers and Discussion Papers: Working Papers
  • Jurisdictional Barriers to Enforcement

    Borg Barthet, J.
    Enforcing Shareholders' Duties. Birkmose, H. S., Sergakis, K. (eds.). Edward Elgar Publishing Ltd., pp. 259-280, 22 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters
  • A Captured State: Why the EU has to Intervene Quickly in the Rule of Law Crisis in Malta

    Borg Barthet, J.
    Verfassungsblog.
    Other Contributions: Other Contributions
  • Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment?

    Borg Barthet, J.
    Verfassungsblog.
    Other Contributions: Other Contributions
  • Malta

    Borg Barthet, J., Mallia, A.
    The Private International Law of Companies in Europe. Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., Siems, M. (eds.). Verlag C.H. Beck, pp. 555-566, 11 pages
    Chapters in Books, Reports and Conference Proceedings: Chapters

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