Professor Justin Borg-Barthet

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 2012.

His research and teaching focus principally on the law of the European Union and Private International Law. The work includes analyses of Strategic Lawsuits Against Public Participation (SLAPP), 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 the UN Office of the High Commissioner for Human Rights, 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.

Prizes and Awards

Personal Tutor of the Year 2022, Students' Union and University of Aberdeen Excellence Awards

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.

Funding and Grants

• 2023-24: 'Report on the implications of strategic lawsuits against public participation for guarantees under international law for the exercise of freedom of expression and freedom of assembly', Rule of Law, Equality and Non-Discrimination Branch, Office of the High Commissioner for Human Rights (Co-I to Dr Francesca Farrington).
• 2023: 'Open SLAPP Cases in 2022 and 2023: The Incidence of Strategic Lawsuits Against Public Participation, and Regulatory Responses in the European Union', Policy Department for Civil Liberties, Justice and Home Affairs (LIBE), European Parliament.
• 2022: 'Laying the Foundations for a Restatement of Scots Private International Law', Royal Society of Edinburgh.
• 2021: 'The Use of SLAPPs to Silence Journalists, NGOs and Civil Society', Policy Department for Citizens' Rights and Constitutional Affairs, European Parliament.
• 2020: 'Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law', Coalition Against SLAPPs in Europe.
• 2019-20: 'Advice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union', Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF), PEN International.
• 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'.

Teaching Responsibilities

Course coordinator

• LS 2026 EU Institutions and Law
• LS 4025 Dissertation
• LS/LX 452E Contemporary Legal Issues in European Integration

 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