BA (Malta), Dip. Not. Pub. (Malta), LLD (Malta), LLM (Aberdeen), PhD (Aberdeen)
Head of School of Law, Personal Chair
- 51cg
-
- Email Address
- jborgbarthet@abdn.ac.uk
- Telephone Number
- +44 (0)1224 272436
- Office Address
- School/Department
- School of Law
Biography
Justin studied Law and European Studies at the University of Malta before qualifying as an advocate in Malta and undertaking postgraduate studies at the 51cg. Following a lectureship at the University of Dundee, he joined the 51cg in 2012, where he now serves as Head of the School of Law.
His research lies at the intersection of European Union law and Private International Law, examining how legal systems allocate authority between individuals, states and supranational institutions. While his work spans fields including corporate mobility and international family law, he is particularly recognised for his leadership in developing legal responses to Strategic Lawsuits Against Public Participation (SLAPPs).
Justin's research has had a significant international impact, informing legislative development and policy debates at national, regional and global levels. He has advised national governments, the European Commission and Parliament, the United Nations Office of the High Commissioner for Human Rights and leading civil society organisations on measures to protect public participation. He was a co-author of both the EU Model Anti-SLAPP Directive and the Scottish Model Anti-SLAPP Law, helping to shape emerging legal frameworks addressing abusive litigation.
His work has also influenced the development of European private law. Research on the cross-border recognition of same-sex relationships was cited with approval by Advocate General Wathelet in Coman (Case C-673/16), a landmark case that strengthened the rights of same-sex couples in the EU.
Earlier in his career, Justin made a significant contribution to scholarship on corporate mobility in EU law. His monograph, The Governing Law of Companies in EU Law (Hart, 2012), remains a leading work in the field.
Alongside his research and teaching, he has contributed to shaping research strategy, legal education, governance, and internationalisation at the 51cg.
Memberships and Affiliations
- Internal Memberships
-
- Convener, Anti-SLAPP Research Hub
- Member, Centre for Private International Law
- External Memberships
-
- Member, European Commission (DG Justice and Consumers)
- External examiner, University of Dundee
Latest Publications
Response to Scottish Government Consultation on Strategic Lawsuits Against Public Participation
51cg: School of Law. 49 pages.Other Contributions: Other ContributionsA Scottish Government Consultation on Strategic Lawsuits Against Public Participation, Appendix B: Model Law for Scotland
Scottish Government.Other Contributions: Other Contributions- [OPEN ACCESS]
The EU's Anti-SLAPP Directive: A Partial Victory for Rule of Law Advocacy in Europe
German Law Journal , vol. 25, no. 6, pp. 840-855Contributions to Journals: Articles- [ONLINE] DOI:
- [OPEN ACCESS]
Should Scotland SLAPP-back? A Comment on the Need for Bespoke Anti-SLAPP Legislation in Scotland
Juridical Review, vol. 2024, no. 3, pp. 159-178Contributions to Journals: Articles- [ONLINE]
Anti-SLAPP Legislation in the UK: Where Are We Now?
Solicitors Journal, vol. 167, pp. 15Contributions to Specialist Publications: Articles- [ONLINE]
Prizes and Awards
Personal Tutor of the Year 2022, Students' Union and 51cg Excellence Awards
Principal's Excellence Award for Research Impact 2025, 51cg
- Research
-
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 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.
Supervision
Current Research Students
- Magdalena Zabrocka: Citizenship and Residence by Investment Schemes in the European Union.
- Mohammed Alfalhi: Limited liability in the Kingdom of Saudi Arabia (2nd supervisor).
Completed PhDs and LLMs by Research
- Qusai Alshahwan: Absence of Arbitrator Duty of Disclosure Under the English Arbitration Act 1996 (PhD).
- : The rule of law crisis and its implications for the European Union (LLM by Research with Distinction).
- : Overcoming the Prisoners Dilemma of European corporations (PhD).
- : The interface between commercial arbitration and the Brussels I regime (PhD).
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: '', Policy Department for Civil Liberties, Justice and Home Affairs (LIBE), European Parliament.
- 2022: '', Royal Society of Edinburgh.
- 2021: '', Policy Department for Citizens' Rights and Constitutional Affairs, European Parliament.
- 2020: '', Coalition Against SLAPPs in Europe.
- 2019-20: '', Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF), PEN International.
- 2015-16:
- 2015-16: Member of the Steering Group and Country Reporter (Malta) for DG Justice contract JUST/2014/JCOO/PR/CIVI/0051: ‘’.
- 2014-17: Elphinstone Grant to support the award of a .
- Teaching
-
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
- Publications
-
Page 3 of 5 Results 21 to 30 of 43
Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law
Commissioned by European Centre for Press and Media Freedom. Liberties. 48 pagesBooks and Reports: Commissioned Reports- [ONLINE]
- [ONLINE]
Mutual Recognition of Companies as an Agency Problem
Research Handbook on the Politics of EU Law. Cardwell, P. J., Granger, M. (eds.). Edward Elgar Publishing Ltd., pp. 300-319, 20 pagesChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI:
- [OPEN ACCESS]
- [ONLINE]
Advice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union
European Centre for Press and Media Freedom. 21 pagesBooks and Reports: Commissioned Reports- [ONLINE]
- [OPEN ACCESS]
The Brussels Ia Regulation as an Instrument for the Undermining of Press Freedoms and the Rule of Law: an Urgent Call for Reform
Working Papers: Working Papers- [OPEN ACCESS]
- [ONLINE] /law/documents/007.20%20-%20Borg-Barthet.pdf
A Captured State: Why the EU has to Intervene Quickly in the Rule of Law Crisis in Malta
Non-textual Forms: Web Publications and Websites- [ONLINE] DOI:
- [ONLINE]
Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment?
Verfassungsblog (Verfassungsblog).Other Contributions: Other Contributions- [ONLINE] DOI:
- [OPEN ACCESS]
- [ONLINE]
Jurisdictional Barriers to Enforcement
Enforcing Shareholders' Duties. Birkmose, H. S., Sergakis, K. (eds.). Edward Elgar Publishing Ltd., pp. 259-280, 22 pagesChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI:
- [OPEN ACCESS]
- [ONLINE]
- [ONLINE]
Malta
The Private International Law of Companies in Europe. Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., Siems, M. (eds.). Verlag C.H. Beck, pp. 555-566, 11 pagesChapters in Books, Reports and Conference Proceedings: ChaptersFree Movement of Services and Freedom of Establishment
Studying EU Law in Scotland during and after Brexit. Busby, N., Zahn, R. (eds.). Scottish Universities Legal Network on Europe, pp. 33-36Chapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE]
- [OPEN ACCESS]
Country Report for Malta: Final report
Study on the Law Applicable to Companies. Gerner-Beuerle, C., Schuster, E., Siems, M., Mucciarelli, F. (eds.). European CommissionChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI: