Justin Borg-Barthet 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. He was promoted to Senior Lecturer in 2017.
Justin’s 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 recognition of same-sex relationships, cross-border regulation of companies, Scottish independence and EU membership, and the treatment of migrants' rights in the EU. 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 (Bloomsbury/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’ (P Behrens (2013) CMLRev 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.’ (M Schillig (2014) ELR 151). This book and his other publications are cited extensively in the literature.
Justin has acted as a consultant to the European Parliament on a review of the Brussels IIa Regulation, and as part of a steering committee advising the European Commission on the possible introduction of legislation concerning the cross-border mobility of companies. His work on the recognition of same-sex relationships was cited with approval in Advocate General Wathelet's Opinion in Case C-673/16 Coman.
Further information concerning research, postgraduate supervision, teaching, administrative contributions, and external responsibilities is available under other headings on this page.
Justin's research explores several themes in private international law of the European Union, with particular reference to the principle of mutual recognition. He has published work on a range of topics, including European company law, online gambling and the recognition of same-sex relationships. The work addresses the balance between individual freedoms and the residual rights of EU Member States to govern their socio-economic affairs.
Justin's current research 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.
- 2015-16: ‘The judicial application of EU family law’, Policy Department for Citizens’ Rights and Constitutional Affairs, European Parliament
- 2015-16: Member of the Steering Group and Country Reporter (Malta) for DG Justice contract JUST/2014/JCOO/PR/CIVI/0051: ‘Study on the law applicable to companies with the aim of a possible harmonisation of conflict of laws rules on the matter’
- 2014-17: Elphinstone Grant to support the award of a PhD scholarship on 'The Architecture of EU Company Law'
- LS 2026 EU Institutions and Law
- LS/LX 452E Contemporary Legal Issues in European Integration
- LS/LX 452F Company Law (Honours)
- LS 2532 Private International Law
- Further Info
- Advisory Board Member, Scottish Universities Legal Network on Europe (SULNE)
- LLB Coordinator
- Elected member, Executive Committee (Law)
- Member, Feedback and Assessment Task Force (Institutional)
- Member, Undegraduate Committee (Institutional)
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- Borg Barthet, J 2020, Mutual Recognition of Companies as an Agency Problem. in PJ Cardwell & M-P Granger (eds), Research Handbook on the Politics of EU Law. Edward Elgar Publishing Ltd.
- Borg Barthet, J 2019, Jurisdictional Barriers to Enforcement. in HS Birkmose & K Sergakis (eds), Enforcing Shareholders' Duties. Elgar Financial Law series, Edward Elgar Publishing Ltd., Cheltenham, pp. 259-280. [Online] DOI: https://doi.org/10.4337/9781788114875.00022
- Borg Barthet, J & Mallia, A 2019, Malta. in C Gerner-Beuerle, F Mucciarelli, E-P Schuster & M Siems (eds), The Private International Law of Companies in Europe. Verlag C.H. Beck, pp. 555-566.
- Borg Barthet, J 2017, Free Movement of Services and Freedom of Establishment. in N Busby & R Zahn (eds), Studying EU Law in Scotland during and after Brexit. Scottish Universities Legal Network on Europe, pp. 33-36.
- Borg Barthet, J & Mallia, A 2016, Country Report for Malta: Final report. in C Gerner-Beuerle, E Schuster, M Siems & F Mucciarelli (eds), Study on the Law Applicable to Companies. European Commission. [Online] DOI: https://doi.org/10.2838/527231
- Borg Barthet, J 2016, Jurisdiction in matrimonial matters: Reflections for the review of the Brussels IIa Regulation. European Parliament Committee on Legal Affairs (JURI). [Online] DOI: https://doi.org/10.2861/030700
- Borg Barthet, J & Lyons, C 2016, 'The European Union Migration Crisis', Edinburgh Law Review, vol. 20, no. 2, pp. 230-235. [Online] DOI: https://doi.org/10.3366/elr.2016.0346
- Borg Barthet, J 2015, 'Scottish statehood and continued membership of the European Union: do we still have no answers?', Edinburgh Law Review, vol. 19, no. 3, pp. 414-419. [Online] DOI: https://doi.org/10.3366/elr.2015.0305
- Borg Barthet, J 2014, A Response to Professor Weiler: On Self-Determination and the EU. Scottish Constitutional Futures Forum.
- Borg Barthet, J 2014, Company Law in the Single European Market: Trends and Challenges. in JM Beneyto & J Maillo (eds), Fostering Growth in Europe: Reinforcing the Internal Market., 8, CEU Ediciones, Madrid, pp. 143-159.