Aspects of financial services legislation in the light of administrative law and human rights

Abstract

The aim and object of this thesis is to analyse the intricate relationship between financial services legislation, administrative law and human rights with particular emphasis to the Malta Financial Services Authority Act, Banking Act, Financial Institutions Act and the Investment Services Act. Not many seem to realize the important repercussions administrative law and human rights have on, the financial services sector as a whole. Administrative principles regulate the regulator in that they act as a check to the power granted to the Malta Financial Services Authority. One of the aims of this thesis is to examine the nature of these principles including the principles of natural justice and how they apply to the financial services sector with particular reference to the Malta Financial Services Authority and the Financial Services Tribunal. Another imp01tant point at issue is the relationship between decisions taken by the MFSA and European Convention of Human Rights. The question inevitably arises whether the Convention is applicable and in what context. Do decisions potentially affect the rights of the person? This will be examined with particular reference to Art 6 of the Convention dealing with the right of fair trial. The interaction between the financial services legislation and the Art 6 will be analysed both from a civil and criminal perspective. However the study will be limited to certain specific rights found under Art 6, namely the right to an independent and impartial tribunal and the right against self-incrimination.