External PhD candidate
Bernadette Muscat is related to the Institute for Private Law as an external PhD candidate.
Bernadette Muscat graduated as Doctor of Laws (LL.D.) at the University of Malta in 1993 and obtained a Master’s Degree in European Law (LL.M.) from the College of Europe in Bruges in 1994. In 2003 Bernadette qualified for Associate Membership (ACIArb) of the Chartered Institute of Arbitrators, UK and has been appointed on the list of Domestic Arbitrators for Commercial Disputes of the Malta Arbitration Centre.
Bernadette is currently Director of the Legal and International Relations Unit of the Malta Financial Services Authority. She is also a member of the Legal Committee of the European Central Bank meeting in SSM (Single Supervisory Mechanism) composition.
In addition, Bernadette is examiner of final examination papers of the LL.D. course on Banking, Investment Services and Insurance at the University of Malta, and a reviewer of papers submitted for publication in the Journal of Financial Regulation and Compliance.
Bernadette is writing a thesis on the relationship between close-out netting and insolvency law, focusing on the role of party autonomy in the enforcement of close-out netting upon the insolvency or resolution of financial market participants.
Maltese, English, Italian, French, German.
- “The Jurisdictional Aspects of Regulation 4064/89 on the Control of Concentrations between Undertakings”, Paper published by the European Documentation and Research Centre of the University of Malta (1995).
- Series of six weekly articles on “EU Competition Law Enforcement”, The Times commencing June 1995.
- “Control of Mergers under the EU Competition Policy”, Bank of Valletta Review (Autumn 1995).
- “Parallel Importation and Competition in Malta”, Bank of Valletta Review (Spring 1996).
- “Parallel Importation and Local Business in Malta”, Competition Policy Newsletter, Directorate-General on Competition of the European Commission, Brussels (Summer 1996).
- “Regulation of Parallel Behaviour in an Oligopolistic Market”, published by the Islands and Small States Institute, Foundation for International Studies of the University of Malta (1998).
- “National Experiences in addressing the issue of independence in central banks”, article co-authored by B Muscat, G. Posiunas and M. Gasparik, published in Legal Aspects of the European System of Central Banks (European Central Bank publication, 2005).
- “Developments in netting legislation: the silent revolution in the financial markets”, Butterworths Journal of International Banking and Financial Law (October 2008).
- “OTC Derivatives: Salient Practices and Developments relating to Standard Market Documentation”, Bank of Valletta Review (Spring 2009).
- “Draft proposals for new EU netting provisions: further harmonisation or fragmentation?”, Butterworths Journal of Banking and Financial Law (February 2014).
- "The Regulation of Close-out Netting at a Turning Point?", article published in a two-volume publication of the Bank of Greece Liber Amicorum: Prof. Dr. Leonidas Georgimapoulas (2016).
Work address: Malta Financial Services Authority