re:constitution
2024/ 2025

Jennifer Orlando-Salling

Tracing Europe's Imperial Footprints: Decoloniality and the Rule of Law - A Maltese Case Study

Jennifer Orlando-Salling is a PhD Fellow in Law at the Centre of Excellence for International Courts and Governance (iCourts) at the University of Copenhagen. Her interdisciplinary research engages critical and historical approaches to EU legal studies, with a specific focus on (post-)colonialism and constitutionalism. She holds an LLM from the University of Copenhagen, an MSc in Politics and Government in the European Union from the London School of Economics and Political Science, as well as an LLB (Hons.) from University College London. Jennifer has been a Visiting Scholar at the University of Milan, Princeton University, and the University of Cambridge. Before joining the University of Copenhagen, Jennifer held the position of Deputy Head of Mission and Consul at the Embassy of Malta in Cairo, Egypt. Between 2015 and 2019, she was Malta's Nicolaidis Representative (CFSP/CSDP) at the Permanent Representation of Malta to the EU, during which time it held its first Presidency of the Council of the European Union (2017). She has worked as a trainee at the European Parliament, the House of Commons of the United Kingdom, and the International Criminal Tribunal for the former Yugoslavia.

 

Tracing Europe's Imperial Footprints: Decoloniality and the Rule of Law - A Maltese Case Study

In 2024, Malta will commemorate sixty years since gaining independence from Britain after nearly two centuries of colonial rule, and twenty years since becoming a member state of the European Union. 
Successive post-independence governments in Malta would construct the state on top of a carefully cultivated system of colonial administration. This project will investigate how imperialism shaped the rule of law in Malta using a three-part strategy - excavation, deconstruction and reconstruction. First, it will look at its development in a critical phase of British colonial rule; deployed as part of the toolkit of colonial governance. Second, it will analyze the afterlives of imperialism – its living realities – on the Maltese political and legal system. Lastly, it will put forward reconstructive recommendations by suggesting avenues for reform and reckoning at a national and European level. The project seeks to contribute to debates on the rule of law in the European Union by taking a decolonial approach and offering an otherwise uncommon perspective from its Southern semiperiphery. It heeds growing calls to contend with the critical approaches blindspot in EU legal studies, deploying a variety of qualitative research methods to achieve its aims.