Issue link: https://maltatoday.uberflip.com/i/1207647
7 maltatoday | WEDNESDAY • 5 FEBRUARY 2020 NEWS Administration Officer – Legal Administrative Assistant • A pass (at least at Grade 1-5, Grade C or a comparable level) in six (6) subjects at MQF level 3 which must include Maltese, English and Mathematics; • Highly organised, efficient and able to manage own workload. • IT Literate in the use of all Microsoft applications. • Having previously worked in other legal roles is an asset. • A minimum of 3 years' experience within the legal sector; • Able to work under pressure, multi-task and meet tight deadlines; Job Title: Qualifications: Experience: JOB VACANCY MAIN JOB PURPOSE: To take responsibility for the administration of court related matters Directly assists management to function in the efficient management of specific services within the Directorate / Unit; Takes responsibility for the implementation and / or coordination of tasks which require an element of judgment, interpretation or discretion within established policies, procedures and standards; Performs direct supervisory duties of clerical / administrative staff; Represents management on the basis of delegated responsibility. Carries out other administrative and clerical duties as required. Jobsplus permit no. 36/2020 Closing Date: 17th February 2020 https://landsauthority.org.mt/about-us/careers/ This is due to the fact that all relevant circumstances could not be known to the Director since at no point was any information requested from the appellant or contact made with them. The Director limited himself solely to the documents submitted with the application, Galea said. "The 'resources' requirement is not set in stone and not in-dero- gable as it is being treated by the Director, and the Director not only may but should look beyond this factor. Furthermore, a cur- sory look at the way in which the 'average wage' is arrived at shows that it is nothing but the result of a statistical fiction, essentially lumping all posts and positions in Malta into one lot, and assuming that anyone falling outside such 'benchmark' is at the risk of pov- erty – and this when the national minimum wage currently stands at €9,143 per annum." To add insult to injury, any ad- ditional bonuses or wages from overtime are not taken into ac- count to any degree when calcu- lating the family's income, he said. "Where applicants would have worked for long years and would have, over the years consistently accumulated over time, wouldn't it be just to take overtime into account? Definitely this is some- thing that the Director not only could but would have been rea- sonably expected to do. Yet, this was not considered by the Direc- tor." Galea is also arguing that there is an incorrect transposition of the Directive into local legislation. "There is a stark difference be- tween what the Directive sought to layout and the manner in which this was circumscribed by the local legislative exercise. The Directive refers to the national minimum wage, while local law goes further, raising the bar to the fictitious concept of average wage. "The CJEU confirmed in judge- ments that said that the margin for manoeuvre which the Mem- ber States are recognised as hav- ing must not be used by them in a manner which would undermine the objective of the Directive, which is to promote family re- unification, and the effectiveness thereof." The lawyer argued that the way in which the system is being ap- proached by local authorities to- tally disregards directions by the EU Commission, which state that the national minimum wages are to be seen as the upper limit and that, provided that needs vary from one individual to another, one may only establish a refer- ence amount and not impose a minimum level below which all applications are being refused – as is the case in Malta. "It is clearly stated that a state may not refuse an application on- ly on the basis that the reference amount is not reached. This alone makes the decision totally null and void." The applicable EU Directive clearly states that "Family reuni- fication should apply in any case to members of the nuclear family, that is to say, the spouse and the minor children" in its preambles. "In view of all this, how can it be said that the Director proceeded in line with the best interest of the children when all these consider- ations were disregarded?" The lawyer asked how the right to family life, in terms of the Con- stitution and jurisprudence of the ECHR, are being safeguarded when not all relevant matters are being taken into account. residence status