Law students resolve to research and launch De Marco Notes

President Emeritus Guido de Marco’s dream to revise outdated notes on Maltese criminal law could still be realised by students who plan to continue the work in his honour.

Even though the University professor was buried on Monday, his memory will live on among law students and future lawyers if his plan to replace the Mamo Notes is brought to fruition by the European Law Students Association (Elsa).

“Students are still studying from the Mamo Notes, which are over 50 years old, do not comprise every study topic and are not up to date,” said fifth-year law student Lauro Fava, who intends to carry on the project he was asked to assist Prof. de Marco on three years ago when he was lecturing him in criminal law.

He recounted that Prof. de Marco had called for students willing to do research to replace – and not just update – the Mamo Notes.

Penned by Sir Anthony Mamo, Malta’s first President, they include foreign authors’ opinions on provisions of the laws and legal principles that are comparable to Malta’s.

“It is our intention to change the name to the De Marco Notes even though this had never been discussed with him. After all, he was the first and only professor to come up with the initiative to rewrite these notes. It would have been a great contribution to the legal world and to law students.”

Prof. de Marco, who was known to inspire his students to analyse each word in the law, wanted to write a commentary on every article of the Maltese Criminal Code. But if he embarked on the research alone, it would have required several years, Mr Fava maintained.

Originally, a group of five students had grabbed the opportunity. They met sporadically at L’Orangerie, Prof. de Marco’s Ħamrun home, but the initiative did not really pick up, eventually reaching a standstill. Now that the former President, who also enjoyed a brilliant legal career, passed away, aged 79, at his Sliema home last Thursday, the determination to complete the project is burning even stronger.

Mr Fava had been constantly trying to regroup the team and, since he joined Elsa some weeks ago and is a member of its executive board, it was decided the organisation would take it up again in Prof. de Marco’s honour.

“I had informed him of the plan and he warmed to the idea. But the day I called him to set up a meeting, he was hospitalised. The next time I tried calling, it was at 3.35 p.m. last Thursday. Obviously, he did not answer...”

“It is quite ironic that I called him first the day he was hospitalised and again just when he had passed away,” his former student said. “I certainly want to continue his dream.”

Aware that the mission would be more difficult without him, Mr Fava said the plan was to rope in an experienced lawyer in the field, aware that Prof. de Marco had already contacted an expert for his input.

“If our working group is large and dedicated enough, I am sure we could succeed,” he said.

The next step is to introduce the original team that collaborated with Prof. de Marco to the working group Elsa has just formed, figure out the logistics and continue from there.

Mr Fava anticipates that the oeuvre could take over a year if meetings are monthly. The end result is expected to “finally bring some organisation to legal concepts and help students study”.