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MALTATODAY 30 July 2023

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7 NEWS maltatoday | SUNDAY • 30 JULY 2023 www.pa.org.mt PLANNING AUTHORITY The role enquires the selected candidate to provide hardware and software support; for the effective, reliable and secure operation of the hardware, software and systems on the Authority's network. Successful candidates must be in possession of the following:- Route A – Qualifications and Experience Good level of education with one MQF Level 4 pass in an ICT related subject, such as computer science, information technology, communications, networking or hardware support. Experience in information technology, communications, networking or hardware support function for at least one year in the past four years. OR Route B – Experience A minimum of two years experience in the information technology, communications, networking or hardware support function. S kills – applicable to Route A and B Good oral and written communication skills; aptitude towards technical problem identification and resolution; ability to write reports, generate statistics, analyse data and recommend appropriate course of action. Candidates are to present scanned copies of all qualifications with their application together with proof of local equivalence issued by the Malta Further and Higher Education Authority (MFHEA), for any qualification(s) which are not awarded by University of Malta or MCAST. Candidates who are in possession of qualification(s) in a language other than English, are to present a translated copy of their qualification(s) in English. All certificates, the proof of local equivalence, the completed Declarations by Candidate, which can be downloaded from https:// www.pa.org. mt/en/ vacancies, and the Jobsplus Employment History, which can be downloaded from https://jobsplus.gov. mt/, are to be presented with the application, by the closing date for submissions. Candidates who are 3rd country nationals, are to have a valid working permit by the closing date for submissions of the call, which permit is to be presented with their application. The position carries a starting annual salary and allowances of €23,757 a performance bonus and other benefits. The above post is for an indefinite period. Interested candidates are advised to submit their application, by sending an application via email on jobapplications@pa.org.mt together with a detailed curriculum vitae in pdf format by not later than Wednesday, 2nd August 2023 to: The Human Resources Manager Planning Authority Ref: Systems Supervisor (ICT Operations Support) Jobsplus Permit No. 511/2023 Further information is available on our website: www.pa.org.mt/en/ vacancies Join our Team SYSTEMS SUPERVISOR (ICT Operations Support) CAReeR OppORtunity vacancy land surveyor.indd 1 19/07/2023 13:42:20 Court decision likely to have ripple effect far beyond Malta's gambling laws CONTINUED FROM PAGE 1 The plaintiffs had obtained a favourable judgment in the Austrian courts against the gaming company and sought to enforce it in Malta, a feat now blocked by the Maltese courts. Abela's judgment carries sig- nificant weight since it offers Maltese-registered gaming companies protection from judgments delivered in com- peting jurisdictions but more significantly it opens up a Pan- dora's Box on the interpreta- tion of EU laws that may con- flict with Maltese laws. Earlier this year, the Maltese parliament approved the in- clusion of Article 56A to the Gaming Act, which granted a form of "immunity" from le- gal action that would "conflict with or undermine the legality of" Malta's gaming services or obligations that arise from it. This "immunity" is afforded to all holders of a gaming li- cence (i.e. gaming companies), the current or former officers of such a company and "key persons of a licence holder for matters relating to the provi- sion of a gaming service," as well as players receiving that service. The judge used the provisions of this article to reject the gar- nishee order but he also com- mented on the fact that 56A also attempted to regulate the jurisdiction of the courts, a power that is constitutional in nature. "The Court shall refuse recog- nition and, or enforcement in Malta of any foreign judgment and, or decision given" in the cases described above, reads subsection (b) of that article. The judge, however, ruled that the Constitution remained Malta's supreme law. "The court is aware of both the regulation and those parts of the Code of Organisation and Civil Procedure, particu- larly Article 825A [which states that EU regulations will apply in cases where local law is in conflict with them.] "It is true that these legal pro- visions affirm the supremacy of Union laws. But there is anoth- er supremacy which we often forget: that of the Constitution of Malta, which is the highest law in the country and which surely must not be considered as an ordinary law," Mr Justice Abela wrote. The decision is likely to have a ripple effect reaching far be- yond Malta's gambling laws, because of a dichotomy intro- duced into the Constitution in 2003. Since 1974, Article 6 of the Constitution established the supremacy of the Constitu- tion, stating that any other law which is inconsistent with it is void. But Article 65 of the same Constitution, introduced in 2003, after Malta's accession to the EU, states that "Parliament may make laws for the peace, order and good government of Malta in conformity with full respect for human rights, generally accepted principles of international law and Mal- ta's international and regional obligations in particular those assumed by the treaty of ac- cession to the European Un- ion signed in Athens on the 16 April 2003." In the 20 years that followed, Malta's courts had accepted and enforced the supremacy of EU law despite Article 6 of the Constitution not being amend- ed. What happens now is any- one's guess. For two decades since Malta's accession to the EU Malta's courts have always enforced the supremacy of EU law despite the Constitution saying otherwise

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