Adopted in: ۱۹۶۴
The Constitution of Malta
Chapter I The Republic of Malta
Section ۱ [State Principles]
(۱) Malta is a democratic republic founded on work and on respect for the
fundamental rights and freedoms of the individual.
(۲) The territories of Malta consist of those territories comprised in Malta
immediately before the appointed day٫ including the territorial waters thereof٫
or of such territories and waters as Parliament may from time to time by law
determine.
(۳) Malta is a neutral state actively pursuing peace٫ security and social
progress among all nations by adhering to a policy of non-alignment and
refusing to participate in any military alliance. Such a status will٫ in
particular٫ imply that:
(a) no foreign military base will be permitted on Maltese territory;
(b) no military facilities in Malta will be allowed to be used by any foreign
forces except at the request of the Government of Malta٫ and only in the
following cases:
(i) in the exercise of the inherent right of self-defence in the event of any
armed violation of the area over which the Republic of Malta has sovereignty٫
or in pursuance of measures or actions decided by the Security Council of the
United Nations; or
(ii) whenever there exists a threat to the sovereignty٫ independence٫
neutrality٫ unity or territorial integrity of the Republic of Malta;
(c) except as aforesaid٫ no other facilities in Malta will be allowed to be
used in such manner or extent as will amount to the presence in Malta of a
concentration of foreign forces;
(d) except as aforesaid٫ no foreign military personnel will be allowed on
Maltese territory٫ other than military personnel performing٫ or assisting in
the performance of٫ civil works or activities٫ and other than a reasonable
number of military technical personnel assisting in the defence of the Republic
of Malta;
(e) the shipyards of the Republic of Malta will be used for civil commercial
purposes٫ but may also be used within reasonable limits of time and quantity٫
for the repair of military vessels which have been put in a state of non-combat
or for the construction of vessels٫ and in accordance with the principles of
non-alignment the said shipyards will be denied to the military vessels of the
two superpowers.
Section ۲ [State Religion]
(۱) The religion of Malta is the Roman Catholic Apostolic Religion.
(۲) The authorities of the Roman Catholic Apostolic Church have the duty and
the right to teach which principles are right and which are wrong.
(۳) Religious teaching of the Roman Catholic Apostolic Faith shall be provided
in all State schools as part of compulsory education.
Section ۳ [National Symbols]
(۱) The National Flag of Malta consists of two equal vertical stripes٫ white in
the hoist and red in the fly.
(۲) A representation of the George Cross awarded to Malta by His Majesty King
George the Sixth on the ۱۵th April٫ ۱۹۴۲ is carried٫ edged with red٫ in the
canton of the white stripe.
Section ۴ [National Anthem]
The National Anthem of Malta is "L-Innu Malti" opening with the words "Lil din
l-Art helwa l-Omm li tatna isimha".
Section ۵ [National Language]
(۱) The National language of Malta is the Maltese language.
(۲) The Maltese and the English languages and such other language as may be
prescribed by Parliament (by a law passed by not less than two-thirds of all
the members of the House of Representatives) shall be the official languages of
Malta and the Administration may for all official purposes use any of such
languages:
Provided that any person may address the Administration in any of the official
languages and the reply of the Administration thereto shall be in such
language.
(۳) The language of the courts shall be the Maltese language:
Provided that Parliament may make such provision for the use of the English
language in such cases and under such conditions as it may prescribe.
(۴) The House of Representatives may٫ in regulating its own procedure٫
determine the language or languages that shall be used in Parliamentary
proceedings and records.
Section ۶ [Supremacy of the Constitution]
Subject to the provisions of subsections (۷) and (۹) of section ۴۷ and of
section ۶۶ of this Constitution٫ if any other law is inconsistent with this
Constitution٫ this Constitution shall prevail and the other law shall٫ to the
extent of the inconsistency٫ be void.
Chapter II Declaration of Principles
Section ۷ [Work]
The State recognises the right of all citizens to work and shall promote such
conditions as will make this right effective.
Section ۸ [Culture٫ Science]
The State shall promote the development of culture and
scientific and technical research.
Section ۹ [Environment٫ History٫ Arts]
The State shall safeguard the landscape and the historical and artistic
patrimony of the Nation.
Section ۱۰ [Primary Education]
Primary education shall be compulsory and in State schools shall be free of
charrrge.
Section ۱۱ [Education]
(۱) Capable and deserving students٫ even if without financial resources٫ are
entitled to attain the highest grades of education.
(۲) The State shall give effect to this principle by means of scholarships٫ of
contributions to the families of students and other provisions on the basis of
competitive examinations.
Section ۱۲ [Work٫ Vocational Training]
(۱) The State shall protect work.
(۲) It shall provide for the professional or vocational training and
advancement of workers.
Section ۱۳ [Working Hours٫ Vacation]
The maximum number of hours of work per day shall be fixed by law.
(۲) The worker is entitled to a weekly day of rest and to annual holidays with
pay; he cannot renounce this right.
Section ۱۴ [Gender Equality]
The State shall promote the equal right of men and women to enjoy all economic٫
social٫ cultural٫ civil and political rights and for this purpose shall take
appropriate measures to eliminate all forms of discrimination between the sexes
by any person٫ organisation or enterprise; the State shall in particular aim
at ensuring that women workers enjoy equal rights and the same wages for the
same work as men.
Section ۱۵ [Working Age]
The minimum age for paid labour shall be prescribed by law.
Section ۱۶ [Working Children]
The State shall provide for safeguarding the labour of minors and assure to
them the right to equal pay for equal work.
Section ۱۷ [Disability]
(۱) Every citizen incapable of work and unprovided with the resources necessary
for subsistence is entitled to maintenance and social assistance.
(۲) Workers are entitled to reasonable insurance on a contributory basis for
their requirements in case of accident٫ illness٫ disability٫ old-age and
involuntary unemployment.
(۳) Disabled persons and persons incapable of work are entitled to education
and vocational training.
Section ۱۸ [Private Economy]
The State shall encourage private economic enterprise.
Section ۱۹ [Trade]
The State shall provide for the protection and development of artisan trades.
Section ۲۰ [Co-operatives]
The State recognises the social functions of co-operatives and shall encourage
their development.
Section ۲۱ [Guiding Principles are no Rights]
The provisions of this Chapter shall not be enforceable in any court٫ but the
principles therein contained are nevertheless fundamental to the governance of
the country and it shall be the aim of the State to apply these principles in
making laws.
Chapter III Citizenship
Section ۲۲ [Citizenship]
(۱) Every person who٫ havinggg been born in Malta٫ is on the day before the
appointed day a citizen of the United Kingdom and Colonies shall become a
citizen of Malta on the appointed day:
Provided that a person shall not become a citizen of Malta by virtue of this
subsection if neither of his parents was born in Malta.
(۲) Every person who٫ havinggg been born outside Malta٫ is on the day before
the appointed day a citizen of the United Kingdom and Colonies shall٫ if his
father becomes٫ or would but for his death have become٫ a citizen of Malta in
accordance with the provisions of subsection (۱) of this section٫ become a
citizen of Malta on the appointed day.
Section ۲۳ [Registration]
(۱) Any person who٫ but for the proviso to subsection (۱) of section ۲۲ of this
Constitution٫ would be a citizen of Malta by virtue of that subsection shall be
entitled٫ upon making application before the expiration of two years from the
appointed day in such manner as may be prescribed٫ to be registered as a
citizen of Malta:
Provided that a person who has not attained the age of eighteen years (other
than a woman who is or has been married) may not himself make an application
under this subsection٫ but an application may be made on his behalf by the
person who according to law has authority over him.
(۲) Any person who on the day before the appointed day is or has been married
to a person -–-
(a) who becomes a citizen of Malta by virtue of section ۲۲ of this
Constitution: or
(b) who havinggg died before the appointed day would٫ but for his or her
death٫ have become a citizen of Malta by virtue of that section٫ shall be
entitled٫ upon making application in such manner as may be prescribed and upon
taking the oath of allegiance٫ to be registered as a citizen of Malta.
(۳) Any person who on the day before the appointed day is or has been married
to a person who٫ on or after the appointed day٫ becomes a citizen of Malta
shall be entitled٫ upon making
application in such manner as may be prescribed and upon taking the oath of
allegiance٫ to be registered as a citizen of Malta.
(۴) Any woman who on the day before the appointed day has been married to a
person who becomes٫ or would٫ but for his death٫ have become entitled to be
registered as a citizen of Malta under subsection (۱) of this section٫ but
whose marriage has been terminated by death or by such dissolution as is valid
under the law of Malta shall be entitled٫ upon making application before the
expiration of two years from the appointed day and in such manner as may be
prescribed and٫ if she is a British protected person or an alien٫ upon taking
the oath of allegiance٫ to be registered as a citizen of Malta.
(۵) The provisions of subsections (۲)٫ (۳) and (۴) of this section shall be
without prejudice to the provisions section ۲۲ of this Constitution.
(۶) Any person who٫ in accordance with paragraph (a) or paragraph (b) of
subsection (۴) of section ۴۴ of this Constitution is deemed to be a citizen of
Malta for the purposes of that section٫ and who has returned to٫ and taken up
permanent residence in٫ Malta٫ shall be entitled٫ upon making application in
such manner as may be prescribed and upon taking the oath of allegiance٫ to be
registered as a citizen of Malta.
(۷) Notwithstanding any other provisions of this Constitution٫ a person shall
not be entitled to be registered as a citizen of Malta more than once under the
same provision of this Constitution.
(۸) No person shall after the ۱st August٫ ۱۹۸۹٫ be entitled to be registered as
a citizen of Malta in virtue of subsections (۲) and (۳) of this section٫
unless:
(a) the Minister is satisfied that the grant of citizenship to such person is
not contrary to the public interest; and
(b) on the date of the application such person was still married to a citizen
of Malta٫ or is the widow or widower of a person who was a citizen of Malta or
of a person who havinggg died before the appointed day would٫ but for his or
her death٫ have become a citizen of Malta by virtue of section ۲۲ of this
Constitution.
Section ۲۴ [Commonwealth Citizens]
(۱) Any person who on the day before the appointed day was a citizen of the
United Kingdom and or Colonies -–-
(a) havinggg become such a citizen under the British Nationality Act٫ ۱۹۴۸t by
virtue of his havinggg been naturalised in Malta as a British subject before
that Act came into force; or
(b) havinggg become such a citizen by virtue of his havinggg been naturalised
or registered in Malta under that Act٫
shall be entitled٫ upon making application before the expiration of two years
from the appointed day in such manner as may be prescribed٫ to be registered as
a citizen of Malta:
Provided that a person who has not attained the age of eighteen years (other
than a woman who is or has been married) may not himself make an application
under this subsection٫ but an application may be made on his behalf by the
person who according to law has authority over him.
(۲) Any person who on the day before the appointed day -–-
(a) was a Commonwealth citizen or a citizen of the Republic of Ireland; and
(b) is descended in the male line from a person born in Malta٫
and was on the day before the appointed day ordinarily resident
in Malta and had been so resident throughout the period of five years
immediately preceding that day shall be entitled٫ upon making application
before the expiration of two years from the appointed day in such manner as may
be prescribed٫ to be registered as a citizen of Malta:
Provided that a person who has not attained the age of eighteen years (other
than a woman who is or has been married) may not himself make an application
under this subsection٫ but an application may be made on his behalf by the
person who according to law has authority over him.
Section ۲۵ [Citizenship by Birth]
(۱) Every person born in Malta on or after the appointed day shall become a
citizen of Malta at the date of his birth:
Provided that in the case of a person born on or before the ۳۱st July٫ ۱۹۸۹٫
such person shall not become a citizen of Malta by virtue of this subsection if
at the time of his birth -–-
(a) neither of his parents was a citizen of Malta and his father possessed such
immunity from suit and legal process as is accorded to an envoy of a foreign
sovereign power accredited to Malta; or
(b) his father was an enemy alien and the birth occurred in a place then under
occupation by the enemy:
Provided further that in the case of a person born on or after the ۱st August٫
۱۹۸۹ such person shall not become a citizen of Malta by virtue of this
subsection unless at the time of his birth his father or his mother is:
(a) a citizen of Malta; or
(b) person referred to in paragraphs (a) or (b) of subsection (۴) of section ۴۴
of this Constitution.
(۲) A person born outside Malta on or after the appointed day shall become a
citizen of Malta at the date of his birth.
(a) in the case of a person born on or before the ۳۱st July٫ ۱۹۸۹٫ if at the
date of such person''s birth٫ his father is a citizen of Malta otherwise than
by virtue of this subsection or subsection (۲) of section ۲۲ of this
Constitution; and
(b) in the case of a person born on or after the ۱st August٫ ۱۹۸۹٫ if at the
date of such person''s birth his father or his mother is a citizen of Malta
otherwise than by virtue of this subsection or subsection (۲) of section ۲۲ of
this Constitution.
Section ۲۶ [Citizenship by Marriage]
(۱) Any person who on or after the appointed day marries a person who is or
becomes a citizen of Malta shall be entitled٫ upon making application in such
manner as may be prescribed and upon taking the oath of allegiance٫ to be
registered as a citizen of Malta.
(۲) With effect from the ۱st August٫ ۱۹۸۹٫ no person shall be entitled to be
registered as a citizen of Malta in virtue of this section unless:
(a) the Minister is satisfied that the grant of citizenship to such person is
not contrary to the public interest; and
(b) on the date of the application such person was still married to a citizen
of Malta or is the widow or widower of a person who was a citizen of Malta at
the time of his or her death.
Section ۲۷ [No Double Citizenship]
(۱) Any person who٫ upon his attainment of the age of eighteen
years٫ is a citizen of Malta and also a citizen of some country other than
Malta shall cease to be a citizen of Malta upon his attainment of the age of
nineteen years (or٫ in the case of a person of unsound mind٫ at such later date
as may be prescribed) unless he has renounced his citizenship of that other
country and٫ in the case of a person who is a citizen of Malta by virtue of
subsection (۲) of section ۲۲ of this Constitution٫ has made and registered such
declaration of his intentions concerning residence or employment as may be
prescribed:
Provided that in relation to a person -–-
(a) who attains the age of eighteen years on or before the ۲۰th September٫ ۱۹۶۶
this subsection shall apply as if for the reference to his attainment of the
age of nineteen years there were substituted a reference to the ۲۰th September٫
۱۹۶۷; and
(b) who is or was a citizen of Malta in virtue of subsection (۲) of section ۲۵
of this Constitution٫ in virtue of his father being deemed never to have lost
his citizenship of Malta in accordance with the provisions of paragraph (b) of
the proviso to subsection (۳) of this section٫ and who attained the age of
eighteen years prior to the ۱st August٫ ۱۹۸۹٫ this subsection shall apply as if
for the reference to his attainment of the age of nineteen years٫ there were
substituted a reference to the ۱st August٫ ۱۹۹۰:
Provided further that this subsection shall not apply in the case of a person
who is a citizen of Malta in virtue of subsection (۱) of section ۲۵ of this
Constitution and who after emigrating to another country prior to his
nineteenth birthday acquires the citizenship of that other country.
So however that if such person returns to reside in Malta before the expiration
of six years from the date of his emigration he shall cease to be a citizen of
Malta unless he has renounced his citizenship of that other country either.
(a) after attaining the age of eighteen years and before attaining the age of
nineteen years; or
(b) before the expiration of one year from his return to Malta;
whichever is the later. Provided that any stay in Malta for a period or periods
not exceeding three months in any one year or of twelve months in the aggregate
shall not be taken into account and shall not be considered as a return to
Malta.
(۲) A person who -–-
(a) has attained the age of eighteen years before the appointed day; and
(b) becomes a citizen of Malta on that day by virtue of the provisions of
section ۲۲ of this Constitution; and
(c) is immediately after that day also a citizen of some country other than
Malta
shall cease to be a citizen of Malta on the expiration of three years from the
appointed day (or٫ in the case of a person of unsound mind٫ at such later date
as may be prescribed) unless he has renounced his citizenship of that other
country and٫ in the case of a person who is a citizen of Malta by virtue of
subsection (۲) of section ۲۲ of this Constitution٫ has made and registered such
declaration of his intentions concerning residence or employment as may be
prescribed.
(۳) A citizen of Malta shall cease to be such a citizen if -–-
(a) havinggg attained the age of eighteen years٫ he acquires the citizenship
of some country other than Malta by a voluntary act (other than marriage);
or
(b) havinggg attained the age of eighteen years٫ he otherwise acquires the
citizenship of some country other than Malta and
has not٫ before the expiration of one year after the date on which he acquired
the citizenship of that other country٫ renounced his citizenship of that other
country and made and registered such declaration of his intentions concerning
residence or employment as may be prescribed:
Provided that -–-
(a) this subsection shall not apply in the case of a person who is a citizen of
Malta in virtue of subsection (۱) of section ۲۲ or subsection (۱) of section ۲۵
of this Constitution and who after emigrating to another country acquires on or
after the ۱st August٫ ۱۹۸۹٫ the citizenship of that other country; and
(b) a person who after emigrating to another country and who before the ۱st
August٫ ۱۹۸۹٫ has acquired the citizenship of that other country and who prior
to acquiring such citizenship was a citizen of Malta in virtue of subsection
(۱) of section ۲۲ or of subsection (۱) of section ۲۵ of this Constitution٫ and
in accordance with the law of the country of which such person has become a
citizen such person may retain dual citizenship٫ shall be deemed not to have
lost his citizenship of Malta on taking up the citizenship of the country to
which he had emigrated٫ sohowever that this paragraph shall not apply if٫ not
later than the ۱st August٫ ۱۹۹۰٫ such person makes a declaration in such manner
as may be prescribed wherein he shows his intention to confirm that he has
ceased to be a citizen of Malta on his taking up the citizenship of such other
country;
So however that if such person returns to reside in Malta before the expiration
of six years from the date of his emigration he shall cease to be a citizen of
Malta unless he has renounced his citizenship of that other country before the
expiration of one year from his return to Malta. Any stay in Malta for a period
or periods not exceeding three months in any one year or of twelve months in
the aggregate٫ shall not be taken into account and shall not be considered as a
return to Malta.
(۴) A person who -–-
(a) becomes a citizen of Malta by registration under section ۲۳٫ ۲۴ or ۲۶ of
this Constitution; and
(b) is immediately after the day on which he becomes a citizen of Malta also a
citizen of some other country٫
shall cease to be a citizen of Malta on the expiration of six months after the
date on which he acquired citizenship of Malta (or٫ in the case of a person of
unsound mind٫ at such later date as may be prescribed) unless he has renounced
his citizenship of that other country٫ and made and registered such declaration
of his intentions concerning residence or employment as may be prescribed:
Provided that٫ in relation to a person who becomes a citizen of Malta by
registration as aforesaid on or before the ۲۰th September٫ ۱۹۶۶٫ this
subsection shall apply as if for the reference to the expiration of six months
after the date on which he acquired the citizenship of Malta there were
substituted a reference to the ۲۰th March٫ ۱۹۶۷.
(۵) For the purposes of this section and of any law relating to citizenship٫
where٫ under the law of a country other than Malta٫ a person cannot renounce
his citizenship of that other country٫ he may instead make such declaration
concerning such citizenship as may be prescribed:
Provided that where any person٫ havinggg made a declaration under this
subsection٫ can٫ if such declaration is made on or before ۳۱st December٫ ۱۹۷۴٫
at any time after that date٫ and٫ if made after that date at any time after the
declaration is made٫ renounce the citizenship of the other country٫ such person
shall renounce such citizenship within six months after the date
aforesaid or after the date on which he can renounce such citizenship٫ which
ever is the later date٫ or within such further period as the competent
authority may allow or as may be prescribed٫ and such person shall cease to be
a citizen of Malta on the expiration of such period٫ or of such extended
period٫ if he has not then made the requisite renunciation.
(۶) Provision may be made by or under an Act of Parliament extending beyond the
period specified in any provision of this section the period in which any
person may make a renunciation of citizenship٫ or make or register a
declaration for the purposes of that provision of this section٫ and if such
provision is made that person shall not cease to be a citizen of Malta upon the
expiration of the period specified in this section but shall cease to be such a
citizen upon the expiration of the extended period if he has not then made the
renunciation٫ or made or registered the declaration٫ as the case may be.
Section ۲۸ [Acknowledged Citizenship]
(۱) Every person who under this Constitution or any Act of Parliament is a
citizen of Malta or under any enactment for the time being in force in any
country to which this section applies is a citizen of that country shall٫ by
virtue of that citizenship٫ have the status of a Commonwealth citizen.
(۲) Every person who is a British subject without citizenship under the British
Nationality Act٫ ۱۹۴۸ or who continues to be a British subject under section ۲
of that Act shall by virtue of that status have the status of a Commonwealth
citizen.
(۳) The countries to which this section applies are those in the Fourth
Schedule to this Constitution.
(۴) The President may by Proclamation amend٫ add to٫ revoke or substitute the
list of countries in the Fourth Schedule to Constitution.
Section ۲۹ [Protection of Commonwealth Citizens]
(۱) A Commonwealth citizen who is not a citizen of Malta or a citizen of the
Republic of Ireland who is not a citizen of Malta shall not be guilty of an
offence against any law in force in Malta by reason of anything done or omitted
in any part of the Commonwealth other than Malta or in the Republic of Ireland
or in any foreign country unless.
(a) the act or omission would be an offence if he were an alien; and
(b) in the case of an act or omission in any part of the Commonwealth or in the
Republic of Ireland٫ it would be an offence if the country in which the act was
done or the omission made were a foreign country.
(۲) In this section "foreign country" means country (other than the Republic of
Ireland) that is not a part of the Commonwealth.
Section ۳۰ [Citizenship by Law]
(۱) Parliament may make provision -–-
(a) for the acquisition of citizenship of Malta by persons who do not become
citizens of Malta by virtue of the provisions of this Chapter;
(b) for depriving of his citizenship of Malta any person who is a citizen of
Malta otherwise than by virtue of -–-
(i) section ۲۲ or subsection (۱) of section ۲۵ of this Constitution; or
(ii) subsection (۲) of section ۲۵ of this Constitution in relation to a person
born outside Malta whose father at the date of that person''s birth is a
citizen of Malta by virtue of subsection (l) of section ۲۲ or subsection (۱) of
section ۲۵ of this Constitution:
(c) for the renunciation by any person of his citizenship of Malta.
(۲) Provision may be made by or under an Act of Parliament for extending the
period in which any person may make an application for registration as a
citizen of Malta٫ make a renunciation of citizenship٫ take an oath or make or
register a declaration for the purposes of the provisions of this Chapter.
Section ۳۱ [Definitions]
(۱) In this Chapter -–-
"alien" means a person who is not a Commonwealth citizen٫ a British protected
person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British protected person for
the purposes of the British Nationality Act٫ ۱۹۴۸.
"Minister" means the Minister for the time being responsible for matters
relating to Maltese citizenship and٫ to the extent of the authority given٫
includes any person authorised by such Minister to act on his behalf;
"prescribed" means prescribed by or under any Act of Parliament.
(۲) For the purposes of this Chapter٫ a person born aboard a registered ship or
aircraft٫ or aboard an unregistered ship or aircraft of the government of any
country٫ shall be deemed to have been born in the place in which the ship or
aircraft was registered or٫ as the case may be٫ in that country.
(۳) (a) In this Chapter:
(i) any reference to the father of a person shall٫ in relation to a person born
out of wedlock and not legitimated? be construed as a reference to the mother
of that person;
(ii) any reference to the father of a person who was lawfully adopted before
the ۱st January٫ ۱۹۷۷٫ shall be construed as a reference to the adopter and in
the case of a joint adoptation٫ the male adopter; and
(iii) any reference to the parents of a person who was lawfully adopted on or
after the ۱st August ۱۹۸۹٫ and who was on the effective date of his adoption
under the age of ten years٫ shall be construed as a reference to the adopters;
(b) for the purposes of this chapter:
(i) an adoption of any person made on or after the ۱st January٫ ۱۹۷۷٫ and
before the ۱st August٫ ۱۹۸۹٫ shall be without effect and shall be treated as if
it had not been made;
(ii) an adoption of any person made on or after the ۱st August٫ ۱۹۸۹٫ who on
the effective date of his adoption was ten years or older٫ shall be without
effect and shall be treated as if it had not been made; and
(c) The Minister shall not be required to assign any reason for the grant or
refusal of any application under sections ۲۳ and ۲۶ of this Constitution and
the decision of the Minister on any such application shall not be subject to
appeal to or review in any court.
(۴) Any reference in this Chapter to the national status of the father of a
person at the time of that person''s birth shall٫ in relation to a person
born after the death of his father٫ be construed as a reference to the national
status of the father at
the time of the father''s death; and where that death occurred before the
appointed day and the birth occurred on or after the appointed day٫ the
national status that the father would have had if he had died on the appointed
day shall be deemed to be his national status at the time of his death.
Chapter IV Fundamental Rights and Freedoms of the Individual
Section ۳۲ [General Provision]
Whereas every person in Malta is entitled to the fundamental rights and
freedoms of the individual٫ that is to say٫ the right٫ whatever his race٫ place
of origin٫ political opinions٫ colour٫ creed or sex٫ but subject to respect for
the rights and freedoms of others and for the public interest٫ to each and all
of the following٫ namely -–-
(a) life٫ liberty٫ security of the person٫ the enjoyment of property and the
protection of the law;
(b) freedom of conscience٫ of expression and of peaceful assembly and
association; and
(c) respect for his private and family life٫
the subsequent provisions of this Chapter shall have effect for the purpose of
affording protection to the aforesaid rights and freedoms٫ subject to such
limitations of that protection as are contained in those provisions being
limitations designed to ensure that the enjoyment of the said rights and
freedoms by any individual does not prejudice the rights and freedoms of others
or the public interest.
Section ۳۳ [Life]
(۱) No person shall intentionally be deprived of his life save in execccution
of the sentence of a court in respect of a criminal offence under the law of
Malta of which he has been convicted. (۲) Without prejudice to any liability
for a contravention of any other law with respect to the use of force in such
cases as are hereinafter mentioned٫ a person shall not be regarded as havinggg
been deprived of his life in contravention of this section if he dies as the
result of the use of force to such extent as is reasonably justifiable in the
circumstances of the case -–-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
(c) for the purpose of suppressing a riot٫ insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence٫
or if he dies as the result of a lawful act of war.
Section ۳۴ [Personal Liberty]
(۱) No person shall be deprived of his personal liberty save as may be
authorised by law in the following cases٫ that is to say.
(a) in consequence of his unfitness to plead to a criminal charrrge;
(b) in execccution of the sentence or order of a court٫ whether in Malta or
elsewhere٫ in respect of a criminal offence of which he has been convicted;
(c) in execccution of the order of a court punishing him for
contempt of that court or of another court or tribunal or in execccution of
the order of. the House of Representatives punishing him for contempt of itself
or of its members or for breach of privilege;
(d) in execccution of the order of a court made to secure the fulfilment of
any obligation imposed on him by Law;
(e) for the purpose of bringing him before a court in execccution of the order
of a court or before the House of Representatives in execccution of the order
of that House;
(f) upon reasonable suspicion of his havinggg committed٫ or being about to
commit٫ a criminal offence;
(g) in the case of a person who has not attained the age of eighteen years٫ for
the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious
disease;
(i) in the case of a person who is٫ or is reasonably suspected to be٫ of
unsound mind٫ addicted to drugs or alcohol٫ or a vagrant٫ for the purpose of
his care or treatment or the protection of the community; or
(j) for the purpose of preventing the unlawful entry of that person into Malta٫
or for the purpose of effecting the expulsion٫ extradiction or other lawful
removal of that person from Malta or the taking of proceedings relating thereto
or for the purpose of restraining that person while he is being conveyed
through Malta in the course of his extradiction or removal as a convicted
prisoner from one country to another.
(۲) Any person who is arrested or detained shall be informed٫ at the time of
his arrest or detention٫ in a language that he understands٫ of the reasons for
his arrest or detention:
Provided that if an interpreter is necessary and is not readily available or if
it is otherwise impracticable to comply with the provisions of this subsection
at the time of the person''s arrest or detention٫ such provisions shall be
complied with as soon as practicable.
(۳) Any person who is arrested or detained -–-
(a) for the purpose of bringing him before a court in execccution of the order
of a court; or
(b) upon reasonable suspicion of his havinggg committed٫ or being about to
commit٫ a criminal offence٫ and who is not released٫ shall be brought not later
than forty-eight hours before a court; and if any person arrested or
detained in such a case as is mentioned in paragraph (b) of this subsection is
not tried within a reasonable time٫ then٫ without prejudice to any further
proceedings which may be brought against him٫ he shall be released either
unconditionally or upon reasonable conditions٫ including in particular such
conditions as are reasonably necessary to ensure that he appears at a later
date for trial or for proceedings preliminary to trial.
(۴) Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation therefor from that person.
(۵) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question authorises the taking during such a period of public
emergency as is referred to in paragraph (a) or (e) of subsection (۲) of
section ۴۷ of this Constitution of measures that are reasonably justifiable for
the purpose of dealing with the situation that exists during that period of
public emergency.
(۶) If any person who is lawfully detained by virtue only of
such a law as is referred to in the last foregoing subsection so requests at
any time during the period of that detention not earlier than six months after
he last made such a request during that period٫ his case shall be reviewed by
an independent and impartial tribunal established by law and composed of a
person or persons each of whom holds or has held judicial office or is
qualified to be appointed to such office in Malta.
(۷) On any review by a tribunal in pursuance of the last foregoing subsection
of the ease of any detained person٫ the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the
authority by whom it was ordered٫ but٫ unless it is otherwise provided by law٫
that authority shall not be obliged to act in accordance with any such
recommendations.
Section ۳۵ [No Forced Labour]
(۱) No person shall be required to perform forced labour.
(۲) For the purposes of this section٫ the expression "forced labour" does not
include -–-
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained by sentence or
order of a court that٫ though not required in consequence of such sentence or
order٫ is reasonably necessary in the interests of hygiene or for the
maintenance of the place at which he is detained or٫ if he is detained for the
purpose of his care٫ treatment٫ education or welfare٫ is reasonably required
for that purpose;
(c) any labour required of a member of a disciplined force in pursuance of his
duties as such or٫ in the case of a person who has conscientious objectttions
to service as a member of a naval٫ military or air force٫ any labour that that
person is required by law to perform in place of such service;
(d) any labour required during a period of public emergency or in the event of
any other emergency or calamity that threatens the life or well-being of the
community.
Section ۳۶ [No Inhuman or Degrading Treatment]
(۱) No person shall be subjected to inhuman or degrading punishment or
treatment.
(۲) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question authorises the infliction of any descriptttion of
punishment which was lawful in Malta immediately before the appointed day.
(۳) (a) No law shall provide for the imposition of collective punishments.
(b) Nothing in this subsection shall preclude the imposition of collective
punishments upon the members of a disciplined force in accordance with the law
regulating the discipline of that force.
Section ۳۷ [Property]
(۱) No property of any descriptttion shall be compulsorily taken possession
of٫ and no interest in or right over property of any descriptttion shall be
compulsorily acquired٫ except where provision is made by a law applicable to
that taking of possession or acquisition.
(a) for the payment of adequate compensation;
(b) securing to any person claiming such compensation a right of access to an
independent and impartial court or tribunal established by law for the purpose
of determining his interest in or right over the property and the amount of any
compensation to which he may be entitled٫ and for the purpose of obtaining
payment of that compensation; and
(c) securing to any party to proceedings in that court or tribunal relating to
such a claim a right of appeal from its determination to the Court of Appeal in
Malta:
Provided that in special cases Parliament may٫ if it deems it appropriate so to
act in the national interest٫ by law establish the criteria which are to be
followed٫ including the factors and other circumstances to be taken into
account٫ in the determination of the compensation payable in respect of
property compulsorily taken possession of or acquired; and in any such case
the compensation shall be determined and shall be payable accordingly.
(۲) Nothing in this section shall be construed as affecting the making or
operation of any law so far as it provides for the taking of possession or
acquisition of property -–-
(a) in satisfaction of any tax٫ rate or due;
(b) by way of penalty for٫ or as a consequence of٫ breach of the law٫ whether
under civil process or after conviction of a criminal offence;
(c) upon the attempted removal of the property out of or into Malta in
contravention of any law;
(d) by way of the taking of a sample for the purposes of any law;
(e) where the property consists of an animal upon its being found trespassing
or straying;
(f) as an incident of a lease٫ tenancy٫ licence٫ privilege or hypothec٫
mortgage٫ charrrge٫ bill of sale٫ pledge or other contract;
(g) by way of the vesting or administration of property on behalf and for the
benefit of the person entitled to the beneficial interest therein٫ trust
property٫ enemy property or the property of persons adjudged bankrupt or
otherwise declared bankrupt or insolvent٫ persons of unsound mind٫ deceased
persons٫ or bodies corporate or unincorporate in the course of being wound up
or liquidated;
(h) in the execccution of judgements or orders of courts:
(i) by reason of its being in a dangerous state or injurious to the health of
human beings٫ animals or plants;
(j) in consequence of any law with respect to the limitation of actions٫
acquisitive prescriptttion٫ derelict land٫ treasure trove٫ mortmain of the
rights of succession competent to the Government of Malta; or
(k) for so long only as may be necessary for the purposes of any examination٫
investigation٫ trial or inquiry or٫ in the case of land٫ the carrying out
thereon -–-
(i) of work of soil conservation or the conservation of other natural resources
of any descriptttion or of war damage reconstruction; or
(ii) of agricultural development or improvement which the owner or occupier of
the land has been required٫ and has without reasonable and lawful excuse
refused or failed to carry out.
(۳) Nothing in this section shall be construed as affecting the making or
operation of any law so far as it provides for vesting in the Government of
Malta the ownership of any underground
minerals٫ water or antiquities.
(۴) Nothing in this section shall be construed as affecting the making or
operation of any law for the compulsory taking of possession in the public
interest of any property or the compulsory acquisition in the public interest
of any interest in or right over property٫ where that property٫ interest or
right is held by a body corporate which is established for public purposes by
any law and in which no monies have been invested other than monies provided by
any legislature in Malta.
Section ۳۸ [Search٫ Seizure]
(۱) Except with his own consent or by way of parental discipline٫ no person
shall be subjected to the search of his person or his property or the entry by
others on his premises.
(۲) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision -–-
(a) that is reasonably required in the interest of defence٫ public safety٫
public order٫ public morality or decency٫ public health٫ town and country
planning٫ the development and utilisation of mineral resources٫ or the
development and utilisation of any property in such a manner as to promote the
public benefit;
(b) that is reasonably required for the purpose of promoting the rights or
freedoms of other persons;
(c) that authorises a department of the Government of Malta or a local
government authority٫ or a body corporate established by law for a public
purpose٫ to enter on the premises of any person in order to inspect those
premises or anything thereon for the purpose of any tax٫ rate or due or in
order to carry out work connected with any property or installation which is
lawfully on those premises and which belongs to that Government٫ that
authority٫ or that body corporate٫ as the case may be; or
(d) that authorises٫ for the purpose of enforcing a judgment or order of a
court٫ the search of any person or property by order of a court or entry upon
any premises by such order or that is necessary for the purpose of preventing
or detecting criminal offence٫
and except so far as that provision or٫ as the ease may be٫ the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
Section ۳۹ [Arrest]
(۱) Whenever any person is charrrged with a criminal offence he shall٫ unless
the charrrge is withdrawn٫ be afforded a fair hearing within a reasonable time
by an independent and impartial court established by law.
(۲) Any court or other adjudicating authority prescribed by law for the
determination of the existence or the extent of civil rights or obligations
shall be independent and impartial; and٫ where proceedings for such a
determination are instituted by any person before such a court or other
adjudicating authority٫ the ease shall be given a fair hearing within a
reasonable time.
(۳) Except with the agreement of all the parties thereto٫ all proceedings of
every court and proceedings relating to the determination of the existence or
the extent of a person''s civil rights or obligations before any other
adjudicating authority٫ including the announcement of the decision of the court
or other authority٫ shall be held in public.
(۴) Nothing in subsection (۳) of this section shall prevent any court or any
authority such as is mentioned in that subsection from excluding from the
proceedings persons other than the parties thereto and their legal
representatives -–-
(a) in proceedings before a court of voluntary jurisdiction and other
proceedings which٫ in the practice of the Courts in Malta are٫ or are of the
same nature as those which are٫ disposed of in chambers;
(b) in proceedings under any law relating to income tax; or
(c) to such extent as the court or other authority.
(i) may consider necessary or expedient in circumstances where publicity would
prejudice the interests of justice; or
(ii) may be empowered or required by law to do so in the interests of defence٫
public safety٫ public order٫ public morality or decency٫ the welfare of persons
under the age of eighteen years or the protection of the private lives of
persons concerned in the proceedings.
(۵) Every person who is charrrged with a criminal offence shall be presumed to
be innocent until he is proved or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this subsection to the
extent that the law in question imposes upon any person charrrged as aforesaid
the burden of proving particular facts.
(۶) Every person who is charrrged with a criminal offence -–-
(a) shall be informed in writing٫ in a language which he understands and in
detail٫ of the nature of the offence charrrged;
(b) shall be given adequate time and facilities for the preparation of his
defence;
(c) shall be permitted to defend himself in person or by a legal representative
and a person who cannot afford to pay for such legal representation as is
reasonably required by the circumstances of his ease shall be entitled to have
such representation at the public expense;
(d) shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before any court and to
obtain the attendance of witnesses subject to the payment of their reasonable
expenses٫ and carry out the examination of witnesses to testify on his behalf
before the court on the same conditions as those applying to witnesses called
by the prosecution; and
(e) shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charrrge٫
and except with his own consent the trial shall not take place in his absence
unless he so conducts himself as to render the continuance of the proceedings
in his presence impracticable and the court has ordered him to be removed and
the trial to proceed in his absence.
(۷) When a person is tried for any criminal offence٫ the accused person or any
person authorised by him in that behalf shall٫ if he so requires and subject to
payment of such reasonable fee as may be prescribed by law٫ be given within a
reasonable time after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(۸) No person shall be held to be guilty of a criminal offence on account of
any act or omission that did not٫ at the time it took place٫ constitute such an
offence٫ and no penalty shall be imposed for any criminal offence which is
severer in degree or
descriptttion than the maximum penalty which might have been imposed for that
offence at the time when it was committed.
(۹) No person who shows that he has been tried by any competent court for a
criminal offence and either convicted or acquitted shall again be tried for
that offence or for any other criminal offence of which he could have been
convicted at the trial for that offence save upon the order of a superior court
made in the course of appeal or review proceedings relating to the conviction
or acquittal; and no person shall be tried for a criminal offence if he
shows that he has been pardoned for that offence:
Provided that nothing in any law shall be held to be inconsistent with or in
contravention of this subsection by reason only that it authorises any court to
try a member of a disciplined force for a criminal offence notwithstanding any
trial and conviction or acquittal of that member under the disciplinary law of
that force٫ so however that any court so trying such a member and convicting
him shall in sentencing him to any punishment take into account any punishment
awarded him under that disciplinary law.
(۱۰) No person who is tried for a criminal offence shall be compelled to give
evidence at his trial.
(۱۱) In this section "legal representative" means a person entitled to practice
in Malta as an advocate or٫ except in relation to proceedings before a court
where a legal procurator has no right of audience٫ a legal procurator.
Section ۴۰ [Religion٫ Belief]
(۱) All persons in Malta shall have full freedom of conscience and enjoy the
free exercise of their respective mode of religious worship.
(۲) No person shall be required to receive instruction in religion or to show
knowledge or proficiency in religion if٫ in the case of a person who has not
attained the age of sixteen years٫ objectttion to such requirement is made by
the person who according to law has authority over him and٫ in any other case٫
if the person so required objecttts thereto:
Provided that no such requirement shall be held to be inconsistent with or in
contravention of this section to the extent that the knowledge of٫ or the
proficiency or instruction in٫ religion is required for the teaching of such
religion٫ or for admission to the priesthood or to a religious order٫ or for
other religious purposes and except so far as that requirement is shown not to
be reasonably justifiable in a democratic society.
(۳) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (۱)٫ to the extent
that the law in question makes provision that is reasonably required in the
interests of public safety٫ public order٫ public morality or decency٫ public
health٫ or the protection of the rights and freedoms of others٫ and except so
far as that provision or٫ as the case may be٫ the thing done under the
authority thereof٫ is shown not to be reasonably justifiable in a democratic
society.
Section ۴۱ [Expression]
(۱) Except with his own consent or by way of parental discipline٫ no person
shall be hindered in the enjoyment of his freedom of expression٫ including
freedom to hold opinion without interference٫ freedom to receive ideas and
information without interference٫ freedom to communicate ideas and information
without interference (whether the communication be to the public generally or
to any person or class of persons) and freedom from interference with his
correspondence.
(۲) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (۱) of this section
to the extent that the law in question makes provision -–-
(a) that is reasonably required -–-
(i) in the interests of defence٫ public safety٫ public order٫ public morality
or decency٫ or public health; or
(ii) for the purpose of protecting the reputations rights and freedoms of other
persons٫ or the private lives of persons concerned in legal proceedings٫
preventing the disclosure of information received in confidence٫ maintaining
the authority and independence of the courts٫ protecting the privileges of
Parliament٫ or regulating telephony٫ telegraphy٫ posts٫ wireless broadcasting٫
television or other means of communication٫ public exhibitions or public
entertainments; or
(b) that imposes restrictions upon public officers٫
and except so far as that provision or٫ as the case may be٫ the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
(۳) Anyone who is resident in Malta may edit or print a newspaper or journal
published daily or periodically:
Provided that provision may be made by law -–-
(a) prohibiting or restricting the editing or printing of any such newspaper or
journal by persons under twenty-one years of age; and
(b) requiring any person who is the editor or printer of any such newspaper or
journal to inform the prescribed authority to that effect and of his age and to
keep the prescribed authority informed of his place of residence.
(۴) Where the police seize any edition of a newspaper as being the means
whereby a criminal offence has been committed they shall within twenty-four
hours of the seizure bring the seizure to the notice of the competent court and
if the court is not satisfied that there is a prima facie case of such offence٫
that edition shall be returned to the person from whom it was seized.
(۵) No person shall be deprived of his citizenship under any provisions made
under section ۳۰۱(۱) (b) of this Constitution or of his juridical capacity by
reason only of his political opinions.
Section ۴۲ [Assembly٫ Association]
(۱) Except with his own consent or by way of parental discipline no person
shall be hindered in the enjoyment of his freedom of peaceful assembly and
association٫ that is to say٫ his right peacefully to assemble freely and
associate with other persons and in particular to form or belong to trade or
other unionnns or associations for the protection of his interests.
(۲) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision -–-
(a) that is reasonably required -–-
(i) in the interests of defence٫ public safety٫ public order٫ public morality
or decency٫ or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons;
or
(b) that imposes restrictions upon public officers٫
and except so far as that provision or٫ as the case may be٫ the
thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(۳) For the purposes of this section٫ any provision in any law prohibiting the
holding of public meetings or demonstrations in any one or more particular
cities٫ towns٫ suburbs or villages shall be held to be a provision which is not
reasonably justifiable in a democratic society.
Section ۴۳ [Extradition]
(۱) Extradition is only permitted in pursuance of arrangements made by treaty
and under the authority of a law.
(۲) No person shall be extradited for an offence of a political charrracter.
(۳) No citizen of Malta shall be removed from Malta except as a result of
extradition proceedings or under any such law as is referred to in section ۴۴
(۳) (b) of this Constitution.
(۴) The provisions made by or under the Extradition Act٫ ۱۹۷۸٫ as for the time
being in force٫ for the removal of persons from Malta to another Commonwealth
country to undergo trial or punishment in that country in respect of an offence
committed in that country and any general arrangements for the extradition of
persons between Commonwealth countries to which Malta for the time being
adheres shall be deemed٫ for the purposes of subsection (۱) of this section٫ to
be arrangements made by treaty٫ and subsection (۲) shall not apply in relation
to the removal or extradition of a person under such provisions or
arrangements.
Section ۴۴ [Movement]
(۱) No citizen of Malta shall be deprived of his freedom of movement٫ and for
the purpose of this section the said freedom means the right to move freely
throughout Malta٫ the right to reside in any part of Malta٫ the right to leave
and the right to enter Malta.
(۲) Any restriction on a citizen''s freedom of movement that is involved in
his lawful detention shall not be held to be inconsistent with or in
contravention of this section.
(۳) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision -–-
(a) for the imposition of restrictions that are reasonably required in the
interests of defence٫ public safety٫ public order٫ public morality or decency٫
or public health and except so far as that provision or٫ as the case may be٫
the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society;
(b) for the imposition of restrictions on the freedom of movement of any
citizen of Malta who is not a citizen by virtue of section ۲۲(۱) or ۲۵(۱) of
this Constitution;
(c) for the imposition of restrictions upon the movement or residence٫ within
Malta of public officers; or
(d) for the imposition of restrictions on the right of any person to leave
Malta that are reasonably required in order to secure the fulfilment of any
obligation imposed on that person by law and except so far as that provision
or٫ as the case may be٫ the thing done under the authority thereof is shown not
to be reasonably justifiable in a democratic society.
(۴) For the purposes of this section any person -–-
(a) who has emigrated from Malta (whether before on or after
the appointed day) and٫ havinggg been a citizen of Malta by virtue of section
۲۲(۱) or ۲۵(۱) of this Constitution٫ has ceased to be such a citizen; or
(b) who emigrated from Malta before the appointed day and٫ but for his
havinggg ceased to be a citizen of the United Kingdom and Colonies before that
day٫ would have become a citizen of Malta by virtue of section ۲۲(۱) of this
Constitution; or
(c) who is the wife of a person mentioned in paragraph (a) or (b) of this
subsection or of a person who is a citizen of Malta by virtue of section ۲۲(۱)
or ۲۵(۱) of this Constitution and is living with that person or is the child
under twenty-one years of age of such a person٫
shall be deemed to be a citizen of Malta by virtue of section ۲۲(۱) or ۲۵(۱) of
this Constitution.
(۵) If any person whose freedom of movement has been restricted by virtue of
such a provision as is referred to in subsection (۳۴(a) of this section so
requests at any time during the period of that restriction not earlier than six
months after the order was made or six months after he last made such request٫
as the case may be٫ his case shall be reviewed by an independent and impartial
tribunal established by law composed of a person or persons each of whom holds
or has held judicial office or is qualified to be appointed to such office in
Malta:
Provided that a person whose freedom of movement has been restricted by virtue
of a restriction which is applicable to persons generally or to general classes
of persons shall not make a request under this subsection unless he has first
obtained the consent of the Civil Court٫ First Hall.
(۶) On any review by a tribunal in pursuance of this section of the case of a
person whose freedom of movement has been restricted the tribunal may make
recommendations concerning the necessity or expediency of continuing the
restriction to the authority by which it was ordered but٫ unless it is
otherwise provided by law٫ that authority shall not be obliged to act in
accordance with any such recommendations.
Section ۴۵ [Discrimination]
(۱) Subject to the provisions of subsections (۴)٫ (۵) and (۷) of this section٫
no law shall make any provision that is discriminatory either of itself or in
its effect.
(۲) Subject to the provisions of subsections (۶)٫ (۷) and (۸) of this section٫
no person shall be treated in a discriminatory manner by any person acting by
virtue of any written law or in the performance of the functions of any public
office or any public authority.
(۳) In this section٫ the expression "discriminatory" means affording different
treatment to different persons attributable wholly or mainly to their
respective descriptttions by race٫ place of origin٫ political opinions٫
colour٫ creed or sex whereby persons of one such descriptttion are subjected
to disabilities or restrictions to which persons of another such descriptttion
are not made subject or are accorded privileges or advantages which are not
accorded to persons of another such descriptttion.
(۴) Subsection (۱) of this section shall not apply to any law so far as that
law makes provision -–-
(a) for the appropriation of public revenues or other public funds; or
(b) with respect to persons who are not citizens of Malta; or
(c) with respect to adoption٫ marriage٫ dissolution of marriage٫ burial٫
devolution of property on death or any matters of
personal law not herein before specified; or
(d) whereby persons of any such descriptttion as is mentioned in subsection
(۳) of this section may be subjected to any disability or restriction or may be
accorded any privilege or advantage which٫ havinggg regard to its nature and
to special circumstances pertaining to those persons or to persons of any other
such descriptttion and to any other provision of this Constitution٫ is
reasonably justifiable in a democratic society; or
(e) for authorising the taking during a period of public emergency of measures
that are reasonably justifiable for the purpose of dealing with the situation
that exists during that period of public emergency;
Provided that paragraph (c) of this subsection shall not apply to any law which
makes any provision that is discriminatory٫ either of itself or in its effect
by affording different treatment to different persons attributable wholly or
mainly to their respective descriptttion by sex.
(۵) Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (۱) of this section to the extent that it makes
provision:
(a) with respect to qualifications for service or conditions of service in any
disciplined force; or
(b) with respect to qualifications (not being qualifications specifically
relating to sex) for service as a public officer or for service of a local
government authority or a body corporate established for public purposes by any
law.
(۶) Subsection (۲) of this section shall not apply to anything which is
expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (۴) or (۵) of this section.
(۷) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision (not being provisions specifically relating
to sex)٫ whereby persons of any such descriptttion as is mentioned in
subsection (۳) of this section may be subjected to any restriction on the
rights and freedoms guaranteed by sections ۳۸٫ ۴۰٫ ۴۱٫ ۴۲ and ۴۴ of this
Constitution٫ being such a restriction as is authorised by section ۳۸(۲)٫ ۴۰(۲)
٫ ۴۱(۲)٫ ۴۲(۲) or ۴۴(۳).
(۸) Nothing in subsection (۲) of this section shall affect any discretion
relating to the institution٫ conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this
Constitution or any other law.
(۹) A requirement٫ however made٫ that the Roman Catholic Apostolic Religion
shall be taught by a person professing that religion shall not be held to be
inconsistent with or in contravention of this section.
(۱۰) Until the expiration of a period of two years commencing on the ۱st July٫
۱۹۹۱٫ nothing contained in any law made before the ۱st July٫ ۱۹۹۱٫ shall be
held to be inconsistent with the provisions of this section٫ in so far as that
law provides for different treatment to different persons attributable wholly
or mainly to their respective descriptttion by sex.
(۱۱) Nothing in the provisions of this section shall apply to any law or
anything done under the authority of a law٫ or to any procedure or arrangement٫
in so far as such law٫ thing done٫ procedure or arrangement provides for the
taking of special measures aimed at accelerating de facto equality between men
and women٫ and in so far only as such measures٫ taking into account the social
fabric of Malta٫ are shown to be reasonably justifiable in a democratic
society.
Section ۴۶ [Recourse to the Courts]
(۱) Subject to the provisions of subsections (۶) and (۷) of this section٫ any
person who alleges that any of the provisions of sections ۳۳ to ۴۵ (inclusive)
of this Constitution has been٫ is being or is likely to be contravened in
relation to him٫ or such other person as the Civil Court٫ First Hall٫ in Malta
may appoint at the instance of any person who so alleges٫ may٫ without
prejudice to any other action with respect to the same matter that is lawfully
available٫ apply to the Civil Court٫ First Hall٫ for redress.
(۲) The Civil Court٫ First Hall٫ shall have original jurisdiction to hear and
determine any application made by any person in pursuance of subsection (۱) of
this section٫ and may make such orders٫ issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing٫ or
securing the enforcement of٫ any of the provisions of the said sections ۳۳ to
۴۵ (inclusive) to the protection of which the person concerned is entitled:
Provided that the Court may٫ if it considers it desirable so to do٫ decline to
exercise its powers under this subsection in any case where it is satisfied
that adequate means of redress for the contravention alleged are or have been
available to the person concerned under any other law.
(۳) If in any proceedings in any court other than the Civil Court٫ First Hall٫
or the Constitutional Court any question arises as to the contravention of any
of the provisions of the said sections ۳۳ to ۴۵ (inclusive)٫ that court shall
refer the question to the Civil Court٫ First Hall٫ unless in its opinion the
raising of the question is merely frivolous or vexatious; and that court
shall give its decision on any question referred to it under this subsection
and٫ subject to the provisions of subsection (۴) of this section٫ the court in
which the question arose shall dispose of the question in accordance with that
decision.
(۴) Any party to proceedings brought in the Civil Court٫ First Hall٫ in
pursuance of this section shall have a right of appeal to the Constitutional
Court.
(۵) No appeal shall lie from any determination under this section that any
application or the raising of any question is merely frivolous or vexatious.
(۶) Provision may be made by or under an Act of Parliament for conferring upon
the Civil Court٫ First Hall٫ such powers in addition to those conferred by this
section as are necessary or desirable for the purpose of enabling the Court
more effectively to exercise the jurisdiction conferred upon it by this
section.
(۷) Rules of Court making provision with respect to the practice and procedure
of the Courts of Malta for the purposes of this section may be made by the
person or authority for the time being havinggg power to make rules of court
with respect to the practice and procedure of those Courts٫ and shall be
designed to secure that the procedure shall be by application and that the
hearing shall be as expeditious as possible.
Section ۴۷ [Definitions]
(۱) In this Chapter٫ save where the context otherwise requires٫ the following
expressions shall have the following meanings respectively٫ that is to say –
"contravention"٫ in relation to any requirement٫ includes a failure to comply
with that requirement٫ and cognate expressions shall be construed accordingly;
"court" means any court of law in Malta other than a court constituted by or
under a disciplinary law and in sections ۳۳
and ۳۵ of this Constitution includes٫ in relation to an offence against a
disciplinary law٫ a court so constituted;
"disciplinary law" means a law regulating the discipline -–-
(a) of any disciplined force; or
(b) of persons serving prison sentences;
"disciplined force" means -–-
(a) a naval٫ military or air force of the Government of Malta;
(b) the Malta Police Force;
(c) any other police force established by law in Malta.
(d) the Malta prison service;
"member"٫ in relation to a disciplined force includes any person who٫ under the
law regulating the discipline of that force٫ is subject to that discipline.
(۲) In this Chapter "period of public emergency" means any period during which
-–-
(a) Malta is engaged in any war; or
(b) there is in force a proclamation by the President declaring that a state of
public emergency exists; or
(c) there is in force a resolution of the House of Representatives supported by
the votes of not less than two-thirds of all the Members of the House declaring
that democratic institutions in Malta are threatened by subversion.
(۳) (a) Where any proclamation of emergency has been made٫ the occasion
therefor shall forthwith be communicated to the House of Representatives and٫
if the House is then separated by such adjournment or prorogation as will not
expire within ten days the President shall by proclamation summon it to meet
within five days and it shall accordingly meet and sit upon the day appointed
by the proclamation and shall continue to sit and act as if it had stood
adjourned or prorogued to that day.
(b) A proclamation of emergency shall٫ unless it is sooner revoked by the
President٫ cease to be in force at the expiration of a period of fourteen days
beginning on the date on which it was made or such longer period as may be
provided under the next following paragraph٫ but without prejudice to the
making of another proclamation of emergency at or before the end of that
period.
(c) If at any time while a proclamation of emergency is in force (including any
time while it is in force by virtue of this paragraph) a resolution is passed
by the House of Representatives approving its continuance in force for a
further period٫ not exceeding three months٫ beginning on the date on which it
would otherwise expire٫ the proclamation shall٫ if not sooner revoked٫ continue
in force for that further period.
(۴) A resolution such as is referred to in paragraph (c) of subsection (۲) of
this section shall٫ unless it is sooner revoked by the House of
Representatives٫ cease to be in force at the expiration of twelve months
beginning on the date on which it was passed or such shorter period as may be
specified therein٫ but without prejudice to the passing of another resolution
by the House of Representatives in the manner prescribed by that paragraph at
or before the end of that period.
(۵) In relation to any person who is a member of a disciplined force raised
under any law in force in Malta٫ nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter
other than sections ۳۳٫ ۳۵ and ۳۶.
(۶) In relation to any person who is a member of a disciplined
force raised otherwise than as aforesaid and lawfully present in Malta٫ nothing
contained in or done under the authority of the disciplinary law of that force
shall be held to be inconsistent with or in contravention of any of the
provisions of this Chapter.
(۷) Until the expiration of a period ending on the ۳۰th June٫ ۱۹۹۳٫ nothing
contained in any such law as is specified in the First Schedule to this
Constitution and٫ until the expiration of a period of three years commencing
with the appointed day٫ nothing contained in any other law made before the
appointed day shall be held to be inconsistent with the provisions of sections
۳۳ to ۴۵ (inclusive) of this Chapter and٫ subject as aforesaid٫ nothing done
under the authority of any such law shall be held to be done in contravention
of those sections.
(۸) Where any provision of law enacted before the appointed day is held to be
inconsistent with any of the provisions of sections ۳۳ to ۴۵ (inclusive) of
this Chapter٫ no person shall be entitled to compensation in respect of
anything done under the authority of that provision before it was so held to be
inconsistent.
(۹) Nothing in section ۳۷ of this Constitution shall affect the operation of
any law in force immediately before ۳rd March ۱۹۶۲ or any law made on or after
that date that amends or replaces any law in force immediately before that date
(or such a law as from time to time amended or replaced in the manner described
in this subsection) and that does not -–-
(a) add to the kinds of property that may be taken possession of or the rights
over and interests in property that may be acquired;
(b) add to the purposes for which or circumstances in which such property may
be taken possession of or acquired;
(c) make the conditions governing entitlement to compensation or the amount
thereof less favourable to any person owning or interested in the property;
or
(d) deprive any person of any right such as is mentioned in paragraph (b) or
paragraph (c) of section ۳۷(۱) of this Constitution.
Chapter V The President
Section ۴۸ [Appointment]
(۱) There shall be a President of Malta who shall be appointed by Resolution of
the House of Representatives.
(۲) A person shall not be qualified to be appointed to the office of President
if -–-
(a) he is not a citizen of Malta; or
(b) he holds or has held the office of Chief Justice or other judge of the
Superior Courts; or
(c) he is not eligible for appointment to or to act in any public office in
accordance with sections ۱۰۹٫ ۱۱۸ and ۱۲۰ of this Constitution.
(۳) The office of President shall become vacant -–-
(a) on the expiration of five years from the date of the appointment to that
office; or
(b) if the holder of the office is removed from office by Resolution of the
House of Representatives on the ground of inability to perform the functions of
his office (whether arising from infirmity of body or mind or any other cause)
or misbehaviour.
Section ۴۹ [Vacancy]
Whenever the office of President is temporarily vacant٫ and until a new
President is appointed٫ and whenever the holder of the office is absent from
Malta or on vacation or is for any reason unable to perform the functions
conferred upon him by this Constitution٫ those functions shall be performed by
such person as the Prime Minister٫ after consultation with the Leader of the
Opposition٫ may appoint or٫ if there is no person in Malta so appointed and
able to perform those functions٫ by the Chief Justice.
Section ۵۰ [Oath]
A person appointed to or assuming the functions of the office of President
shall٫ before entering upon that office٫ take and subscribe the oath of office
set out in the Second Schedule to this Constitution. Any person appointed to
the office of President under subsection (۱) of section ۴۸ of this Constitution
shall take the oath of office before the House.
Chapter VI Parliament
Part I Composition of Parliament
Section ۵۱ [Composition]
There shall be a Parliament of Malta which shall consist of the President and a
House of Representatives.
Section ۵۲ [House of Representatives]
(۱) Subject to the provisions of this Chapter٫ the House of Representatives
shall consist of such number of members٫ being an odd number and divisible by
the number of electoral divisions٫ as Parliament shall from time to time by law
determine. Such members shall be elected in the manner provided by or under any
law for the time being in force in Malta in equal proportions from the
electoral divisions referred to in section ۵۶ of this Constitution٫ each
division returning such number of members٫ being not less than five and not
more than seven as Parliament shall from time to time by law determine; and
such members shall be known as "Members of Parliament".
Provided that where.
(i) at any general election٫ a political party obtains in the aggregate more
than fifty per centum of all the valid votes cast at that election٫ as credited
to its candidates by the Electoral Commission at the first count of all the
votes٫ but the number of its candidates elected at such election is less than
the total of all the other candidates so elected; or
(ii) at a general election which is contested by more than two political
parties and in which only candidates of two of such parties are elected٫ a
political party obtains a percentage of all the valid votes cast at such
election٫ as credited to its candidates by the Electoral Commission at the
first count of all the votes٫ which is greater than that obtained by any one
other party٫ but the number of its candidates elected at such election is less
than the number of the other candidates so elected٫ the number of members of
the House of Representatives shall be increased by as many members as may be
necessary in order that the party obtaining more than fifty per centum٫ or the
larger percentage٫ of all the valid votes٫ as the case may be٫ shall have one
member more than the total of the other candidates elected at
that election; and٫ in any such case٫ such persons shall be declared by the
Electoral Commission to be elected to fill the additional seats createeed by
this proviso who٫ being candidates of the party last mentioned at such
elections٫ were credited by the Electoral Commission at the last count٫ with
the highest or next higher number of votes without being elected٫ irrespective
of the division in which such highest or higher number of votes occurs.
(۲) If any person who is not a member of the House of Representatives is
elected to be Speaker of the House he shall٫ by virtue of holding the office of
Speaker٫ be a member of the House in addition to the other members:
Provided that in any such case the Speaker shall not be treated as a member of
the House for the purpose of establishing the number of votes required to
support a bill for any of the purposes of section ۶۶ of this Constitution.
Section ۵۳ [Qualification]
Subject to the provisions of section ۵۴ of this Constitution٫ a person shall be
qualified to be elected as a member of the House of Representatives if٫ and
shall not be qualified to be so elected unless٫ he has the qualifications for
registration as a voter for the election of members of the House of
Representatives mentioned in section ۵۷ of this Constitution.
Section ۵۴ [Incompatibility]
(۱) No person shall be qualified to be elected as a member of the House of
Representatives -–-
(a) if he is a citizen of a country other than Malta havinggg become such a
citizen voluntarily or is under a declaration of allegiance to such a country;
(b) save as otherwise provided by Parliament٫ if he holds or is acting in any
public office or is a member of the armed forces of the Government of Malta;
(c) if he is a party to٫ or is a partner with unlimited liability in a
partnership or a director or manager of a company which is a party to٫ a
contract with the Government of Malta being a contract of works or a contract
for the supply of merchandise to be used in the service of the public and has
not٫ within one month before the date of election٫ published in the Gazette a
notice setting out the nature of any such contract and his interest٫ or the
interest of any such partnership or company٫ therein;
(d) if he is an undischarrrged bankrupt٫ havinggg been adjudged or otherwise
declared bankrupt under any law in force in Malta;
(e) if he is interdicted or incapacitated for any mental infirmity or for
prodigality by a court in Malta٫ or is otherwise determined in Malta to be of
unsound mind;
(f) if he is under sentence of death imposed on him by any court in Malta or is
serving a sentence of imprisonment (by whatever name called)٫ exceeding twelve
months imposed on him by such a court or substituted by competent authority for
some other sentence imposed on him by such a court٫ or is under such a sentence
of imprisonment the execccution of which has been suspended;
(g) if he holds or is acting in any office the functions of which involve any
responsibility for٫ or in connection with٫ the conduct of any election of
members of the House of Representatives or the compilation or revision of any
electoral register;
(h) if he is disqualified for membership of the House of Representatives by or
under any law for the time being in force in Malta by reason of his havinggg
been convicted of any offence connected with the election of members of the
House of Representatives.
(۲) For the purposes of paragraph (f) of subsection (۱) of this section -–-
(a) two or more sentences that are required to be served consecutively shall be
regarded as separate sentences if none of them exceeds twelve months٫ but if
any one of them exceeds that term they shall be regarded as one sentence;
and
(b) no account shall be taken of a sentence of imprisonment imposed as an
alternative to٫ or in default of٫ the payment of a fine.
(۳) A person shall not be treated as holding٫ or acting in a public office for
the purpose of paragraph (b) of subsection (۱) of this section -–-
(a) if he is on leave of absence pending relinquishment of a public office;
(b) if he is a teacher at the University of Malta who is not by the terms of
his employment prevented from the private practice of his profession or called
upon to place his whole time at the disposal of the Government of Malta.
Section ۵۵ [Vacancy]
(۱) The seat of a member of Parliament shall become vacant -–-
(a) upon the next dissolution of Parliament after his election;
(b) if he resigns his seat by writing under his hand addressed to the Speaker
or٫ if the office of Speaker is vacant or the Speaker is absent from Malta٫ to
the Deputy Speaker;
(c) if he becomes a party to a contract with the Government of Malta being a
contract of works or a contract for the supply of merchandise to be used in the
service of the public٫ or if any partnership in which he is a partner with
unlimited liability or a company of which he is a director or manager becomes a
party to any such contract or if he becomes a partner with unlimited liability
in a partnership or a director or manager of a company that is a party to any
such contract:
Provided that he shall not vacate his seat under the provisions of this
paragraph if before becoming a party to the contract or before٫ or as soon as
practicable after becoming otherwise interested in the contract (whether as a
partner with unlimited liability in a partnership or as a director or manager
of a company) he discloses to the Speaker the nature of the contract and his
interest or the interest of the partnership or company therein and the House of
Representatives by resolution exempts him from the provisions of this
paragraph;
(d) if he is absent from the sittings of the House of Representatives for such
period and in such circumstances as may be prescribed by the Standing Orders of
the House;
(e) if he ceases to be a citizen of Malta;
(f) if he ceases to be qualified for registration as a voter for the election
of members of the House of Representatives;
(g) subject to the provisions of subsection (۲) of this section٫ if any
circumstances arise that if he were not a member of the House of
Representatives٫ would cause him to be disqualified for election thereto.
(۲) (a) If circumstances such as are referred to in paragraph (g) of subsection
(۱) of this section arise because any member of
the House of Representatives is under sentence of death or imprisonment٫
interdicted or incapacitated or adjudged to be of unsound mind٫ adjudged or
otherwise declared bankrupt or convicted of an offence connected with elections
and if it is open to the member to appeal against the decision (either with the
leave of a court or other authority or without such leave)٫ he shall forthwith
cease to perform his functions as a member of the House but٫ subject to the
provisions of this section٫ he shall not vacate his seat until the expiration
of a period of thirty days thereafter:
Provided that the Speaker may from time to time٫ extend that period for further
periods of thirty days to enable the member to pursue an appeal against the
decision٫ so however that extensions of time exceeding in the aggregate one
hundred and fifty days shall not be given without the approval٫ signified by
resolution٫ of the House.
(b) If on the determination of any appeal٫ such circumstances continue to exist
and no further appeal is open to the member٫ or if٫ by reason of the expiration
of any period for entering an appeal or notice thereof or the refusal of leave
to appeal or for any other reason٫ it ceases to be open to the member to
appeal٫ he shall forthwith vacate his seat.
(c) If at any time before the member vacates his seat such circumstances as
aforesaid cease to exist٫ his seat shall not become vacant on the expiration of
the period referred to in paragraph (a) of this subsection and he may resume
the performance of his functions as a member of the House of Representatives.
(d) For the purposes of this subsection "appeal" means٫ in the case of an order
by a court of voluntary jurisdiction for the interdiction or incapacitation of
a member of the House of Representatives٫ the taking of any action for the
review of that order before the Civil Court٫ First Hall.
Section ۵۶ [Election]
(۱) The members of the House of Representatives shall be elected upon the
principle of proportional representation by means of the single transferable
vote from such number of electoral divisions٫ being an odd number and not less
than nine and not more than fifteen٫ as Parliament shall from time to time
determine.
(۲) The election of members of the House of Representatives shall be free of
illegal or corrupt practices and foreign interference.
(۳) It shall be the duty of the Electoral Commission to suspend the election٫
either in all electoral divisions or in any one or more of such divisions٫ if
it has reasonable ground to believe that illegal or corrupt practices or other
offences connected with the elections have been committed or there has been
foreign interference and such practices٫ offences or interference have so
extensively prevailed or have been of such nature that they may reasonably be
expected to affect the result of the election٫ in all or in any one or more of
the electoral divisions.
(۴) In any case in which an election is suspended under subsection (۳) of this
section٫ the Chief Electoral Commissioner shall forthwith refer the matter to
the constitutional court for its decision.
(۵) Where any of the grounds on which an election may be suspended under
subsection (۳) of this section exist and the election has not been suspended٫
or where illegal or corrupt practices or other offences or foreign interference
as are referred to in that subsection may reasonably be supposed to
have affected the result of an election٫ in all or in any one or more of the
electoral divisions٫ any person entitled to vote at that election may٫ not
later than three days after the publication of the official result of the
election٫ refer the matter to the Constitutional Court for its decision.
(۶) Any reference to the Constitutional Court under either subsection (۴) or
subsection (۵) of this section shall be made and shall be determined by that
Court in accordance with any law for the time being in force in Malta. On any
such reference the Court shall٫ without prejudice to any other powers٫ have
power to annul the election٫ in all or in any one or more of the electoral
divisions٫ on any of the grounds mentioned in the said subsections٫ and to give
such directions and orders and to provide such redress and other remedies as it
may deem appropriate in the circumstances and in particular to ensure that a
free election٫ in place of any one that may have been annulled٫ be held at the
earliest possible opportunity.
(۷) Where an election has been annulled under subsection (۶) of this section٫
the result of the election shall not be complete before the publication of the
official result of a valid election in all electoral divisions.
(۸) Except by a bill for an Act of Parliament passed in the manner specified in
subsection (۲) of section ۶۶ of this Constitution٫ no alteration in any law
shall be made -–-
(a) whereby any act or omission shall cease to be an illegal or corrupt
practice or other offence relating to the election of members of the House of
Representatives or foreign interference or
(b) which alters or adds to the circumstances or conditions in which or under
which an act or omission is such a practice or other offence or foreign
interference or
(c) reduces the punishment to which from time to time any such practice or
other offence or interference renders the offender liable;
and for the purposes of this subsection the provisions of subsection (۷) of
section ۶۶ of-this constitution shall apply as if references to the alteration
to any of the provisions of this Constitution were references to the alteration
of any law.
(۹) No person shall vote at the election of members of the House of
Representatives for any electoral division who is not registered under any law
for the time being in force in Malta as a voter in that division.
(۱۰) At the election of members of the House of Representatives -–-
(a) voting shall be by ballot and shall be carried out in such a manner as not
to disclose the way in which the vote of any particular voter is given; and
(b) no person shall be permitted to vote on behalf of another:
Provided that provision may be made by law whereby٫ if a person is unable٫ by
reason of blindness٫ other physical cause or illiteracy to mark on his ballot
paper٫ his ballot paper may be marked on his behalf and on his directions by
some other person officially supervising the poll at the place of voting.
(۱۱) Ballot papers shall be drawn up in such a manner as to enable illiterates
to distinguish between the political parties to which candidates belong.
(۱۲) Candidates and their agents shall be given facilities to watch the
transportation of ballot boxes and the sealing and unsealing thereof.
(۱۳) The expressions "corrupt practice"٫ "offences connected
with the election of members of the House of Representatives" and "foreign
interference" have the meaning assigned to them by a law for the time being in
force regulating the conduct of elections or foreign interference with respect
to elections٫ and any such law shall be deemed for the purposes of this section
and of sections ۳۲ to ۴۷ (inclusive) of this Constitution to be reasonably
required in the interests of public order and reasonably justifiable in a
democratic society.
Section ۵۷ [Electoral Rights]
Subject to the provisions of section ۵۸ of this Constitution٫ a person shall be
qualified to be registered as a voter for the election of members of the House
of Representatives if٫ and shall not be qualified to be so registered unless.
(a) he is a citizen of Malta;
(b) he has attained the age of eighteen years; and
(c) he is resident in Malta and has during the eighteen months immediately
preceding his registration been a resident for a continuous period of six
months or for periods amounting in the aggregate to six months:
Provided that this paragraph shall not apply to a person who is ordinarily
resident in Malta but has not been resident in Malta as required by this
paragraph by reason of service abroad in the public service٫ including service
in the offices referred to in subsection (۳) of section ۱۲۴ of this
Constitution٫ or by reason of service abroad in٫ or as a member of٫ a
disciplined force as defined in section ۴۷ of this Constitution.
Section ۵۸ [Disqualification from Voting]
No person shall be qualified to be registered as a voter for the election of
members of the House of Representatives if -–-
(a) he is interdicted or incapacitated for any mental infirmity by a court in
Malta or is otherwise determined in Malta to be of unsound mind;
(b) he is under sentence of death imposed on him by any court in Malta or is
serving a sentence of imprisonment (by whatever name called) exceeding twelve
months imposed on him by such a court or substituted by competent authority for
some other sentence imposed on him by such a court٫ or is under such a sentence
of imprisonment the execccution of which has been suspended; or
(c) he is disqualified for registration as a voter by or under any law for the
time being in force in Malta by reason of his havinggg been convicted of any
offence connected with the election of members of the House of Representatives.
Section ۵۹ [Speaker]
(۱) When the House of Representatives first Speaker and meets after any general
election and before it proceeds to the despatch of any other business٫ it shall
elect a person to be the Speaker of the House; and if the office of Speaker
falls vacant at any time before the next dissolution of Parliament٫ the house
shall٫ as soon as practicable٫ elect another person to that office.
(۲) The Speaker may be elected either -–-
(a) from among persons who are members of the House of Representatives٫ but are
not Ministers or Parliamentary Secretaries٫ or
(b) from among persons who are not members of the House of Representatives and
are qualified for election as members
thereof.
(۳) When the House of Representatives first meets after any general election
and before it proceeds to the despatch of any other business except the
election of the Speaker٫ the House shall elect a member of the House٫ who is
not a Minister or a Parliamentary Secretary٫ to be Deputy Speaker of the House;
and if the office of Deputy Speaker falls vacant at any time before the
next dissolution of Parliament٫ the House shall٫ as soon as convenient٫ elect
another such member to that office.
(۴) A person shall vacate the office of Speaker or Deputy Speaker -–-
(a) in the case of a Speaker elected from among the members of the House of
Representatives or in the case of the Deputy Speaker -–-
(i) if he ceases to be a member of the House:
Provided that the Speaker shall not vacate his office by reason only that he
has ceased to be a member of the House on a dissolution of Parliament٫ until
the House first meets after that dissolution;
(ii) if he is appointed to be a Minister or a Parliamentary Secretary;
(b) in the case of a Speaker elected from among persons who are not members of
the House of Representatives -–-
(i) when the House first meets after any dissolution of Parliament;
(ii) if any circumstances arise that would cause him to be disqualified for
election as a member of the House of Representatives;
(c) if he announces his resignation of. his office to the House of
Representatives or if by writing under his hand addressed٫ in the case of the
Speaker to the Clerk of the House and in the case of the Deputy Speaker to the
Speaker (or٫ if the office of Speaker is vacant or the Speaker is absent from
Malta٫ to the Clerk of the House) he resigns that office; or
(d) in the case of the Deputy Speaker٫ if he is elected to be Speaker.
(۵) (a) If٫ by virtue of subsection (۲) of section ۵۱; of this Constitution٫
the Speaker or Deputy Speaker is required to cease to perform his functions as
a member of the House of Representatives he shall also cease to perform his
functions as Speaker or Deputy Speaker. as the case may be٫ and those functions
shall until he vacates his seat in the House or resumes the performance of the
functions of his office٫ be performed -–-
(i) in the case of the Speaker٫ by the Deputy Speaker or٫ if the office of
Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform
his functions as a member of the House of Representatives by virtue of
subsection (۲) of section ۵۵ of this Constitution٫ by such member of the House
(not being a Minister or Parliamentary Secretary) as the House may elect for
the purpose;
(ii) in the case of the Deputy Speaker٫ by such member of the House (not being
a Minister or Parliamentary Secretary) as the House may elect for the purpose.
(b) if the Speaker or Deputy Speaker resumes the performance of his functions
as a member of the House٫ in accordance with the provisions of subsection (۲)
of section ۵۵ of this Constitution٫ he shall also resume the performance of his
functions of Speaker or Deputy Speaker٫ as the case may be.
Section ۶۰ [Electoral Commission]
(۱) There shall be an Electoral Commission for Malta.
(۲) The Electoral Commission shall consist of a Chairman٫ who shall be the
person for the time being holding the office of Chief Electoral Commissioner
and who shall be appointed to that office from the public service٫ and such
number of members not being less than four as may be prescribed by any law for
the time being in force in Malta.
(۳) The members of the Electoral Commission shall be appointed by the
President٫ acting in accordance with the advice of the Prime Minister٫ given
after he has consulted the Leader of the Opposition.
(۴) A person shall not be qualified to hold office as a member of the Electoral
Commission if he is a Minister٫ a Parliamentary Secretary٫ a member of٫ or a
candidate for election to٫ the House of Representatives or a public officer.
(۵) Subject to the provisions of this section٫ a member of the Electoral
Commission shall vacate his office -–-
(a) at the expiration of three years from the date of his appointment or at
such earlier time as may be specified in the instrument by which he was
appointed; or
(b) if any circumstances arise that٫ if he were not a member of the Commission٫
would cause him to be disqualified for appointment as such.
(۶) Subject to the provisions of subsection (۷) of this section٫ a member of
the Electoral Commission may be removed from office by the President acting in
accordance with the advice of the Prime Minister.
(۷) A member of the Electoral Commission shall not be removed from office
except for inability to discharrrge the functions of his office (whether
arising from infirmity of mind or body or any other cause) or for misbehaviour.
(۸) If the office of a member of the Electoral Commission is vacant or if a
member is for any reason unable to perform the functions of his office٫ the
President٫ acting in accordance with the advice of the Prime Minister٫ given
after he has consulted the Leader of the Opposition٫ may appoint a person who
is qualified to be appointed to be a member to be a temporary member of the
Commission; and any person so appointed shall٫ subject to the provisions of
subsections (۵)٫ (۶) and (۷) of this section٫ cease to be such a member when a
person has been appointed to fill the vacancy or٫ as the case may be٫ when the
member who was unable to perform the functions of his office resumes those
functions.
(۹) In the exercise of its functions under this Constitution the Electoral
Commission shall not be subject to the direction or control of any other person
or authority.
Section ۶۱ [Electoral Divisions]
(۱) The Electoral Commission shall review the boundaries of the electoral
divisions referred to in section ۵۶(۱) of this Constitution at intervals of not
less than two nor more than five years and may٫ in accordance with the
provisions of this section٫ alter such boundaries to such extent as it
considers desirable in the light of the review:
Provided that the Commission shall carry out such a review and٫ in accordance
with the provisions of this section٫ alter the said boundaries whenever
Parliament has made provision altering the number of electoral divisions;
and in addition the Commission may at any time carry out such a review and٫ in
accordance with the provisions of this section٫ alter the said boundaries to
such extent as it considers desirable in
consequence of the holding of a census of the population in pursuance of any
law.
(۲) Any provision by Parliament altering the number of electoral divisions
shall come into effect when the alteration of the boundaries of the electoral
divisions that٫ in accordance with the provisions of subsection (۱) of this
section٫ is consequential thereon comes into effect.
(۳) Whenever an alteration of boundaries is made by the Commission under this
section the following provisions shall have effect:
(a) the Chief Electoral Commissioner shall٫ as soon as practicable after it is
made٫ communicate the alteration to the Prime Minister and to the Leader of the
Opposition;
(b) not later than two months from the receipt of such communication٫ the Prime
Minister shall cause the alteration to be placed before the House of
Representatives for consideration by it;
(c) not later than five months from the receipt of the said communication by
the Prime Minister٫ the House may٫ by resolution٫ either approve the alteration
or refer it back to the Commission for reconsideration;
(d) upon the expiration of six months from the date on which the alteration was
communicated to the Prime Minister٫ or٫ if the alteration is approved by the
House٫ upon such approval٫ or٫ if the alteration is referred back to the
Commission٫ upon the expiration of two months from such reference٫ the Chief
Electoral Commissioner shall cause the alteration to be published in the
gazette either in its original form or٫ if it has been modified by the
Commission٫ as so modified; and
(e) any such alteration shall come into effect upon the next dissolution of
Parliament after the alteration is published in the Gazette under paragraph (d)
of this subsection:
Provided that nothing in this paragraph shall be construed as preventing the
publication of any electoral register or any other requirement connected with
the registration of voters from being carried out in accordance with the
alteration٫ under any law for the time being in force in Malta٫ before that
dissolution.
(۴) An alteration of the boundaries of any electoral division under this
section shall be made in such manner as secures that٫ at the time when the
Commission carries out its review٫ the number obtained by dividing the total
electorate in the division (as ascertained by reference to the electoral
register in force at that time) by the number of members to be returned to the
House of Representatives from that division is as nearly equal to the electoral
quota as is reasonably practicable:
Provided that any such alteration may be made in such manner that the number of
voters in that division is٫ at the time when the Commission carries out its
review٫ greater or less than the electoral quota multiplied by the number of
members to be so returned٫ but in no case by more than five per centum٫ in
order to take account of geographical vicinity٫ differences in density of
population and other relevant factors.
(۵) For the purposes of any review carried out under this section٫ "electoral
quota" means the number obtained by dividing the total electorate of Malta (as
ascertained from the electoral register in force at the time when the
Commission carries out that review) by the total number of members to be
returned to the House of Representatives at the general election following the
next dissolution of Parliament.
(۶) The conduct of elections in every electoral division and of any vote taken
under the provisions of section ۶۶(۳) of this
Constitution shall be subject to the direction and supervision of the Electoral
Commission.
Section ۶۲ [Re-Election]
Whenever the seat of any member of the House of Representatives becomes vacant
the vacancy shall be filled in the manner provided by or under any law for the
time being in force in Malta.
Section ۶۳ [Election Control by Constitutional Court]
Any question whether -–-
(a) any person has been validly elected as a member of the House of
Representatives;
(b) any member of the House has vacated his seat therein or is required٫ under
the provisions of subsection (۲) of section ۵۵ of this Constitution٫ to cease
to perform his functions as a member; or
(c) any person has been validly elected as Speaker from among persons who are
not members of the House or٫ havinggg been so elected٫ has vacated the office
of Speaker٫
shall be referred to and determined by the Constitutional Court in accordance
with the provisions of any law for the time being in force in Malta.
Section ۶۴ [Clerk]
(۱) There shall be a Clerk to the House of Representatives.
(۲) The office of the Clerk to the House of Representatives and the offices of
the members of his staff shall be public offices.
Part ۲ Powers and Procedure of Parliament
Section ۶۵ [Legislation]
(۱) Subject to the provisions of this Constitution٫ Parliament may make laws
for the peace٫ order and good government of Malta.
(۲) Without prejudice to the generality of subsection (۱) and subject to the
provisions of subsections (۳)٫ (۴) and (۵) of this section٫ Parliament may by
law determine the privileges٫ immunities and powers of the House of
Representatives and the members thereof.
(۳) No civil or criminal proceedings may be instituted against any member of
the House of Representatives for words spoken before٫ or written in a report
to٫ the House or a committee thereof or by reason of any matter or thing
brought by him therein by petition٫ bill٫ resolution٫ motion or otherwise.
(۴) For the duration of any session members of the House of Representatives
shall enjoy freedom from arrest for any civil debt except a debt the
contraction of which constitutes a criminal offence.
(۵) No process issued by any court in the exercise of its civil jurisdiction
shall be served or execccuted within the precincts of the House of
Representatives while the House is sitting or through the Speaker٫ the Clerk or
any officer of the House.
Section ۶۶ [Qualified Majority]
(۱) Subject to the provisions of this section٫ Parliament may
alter any of the provisions of this Constitution and (in so far as it forms
part of the law of Malta) any of the provisions of the Malta Independence Act٫
۱۹۶۴.
(۲) In so far as it alters -–-
(a) this section; or
(b) Section ۱٫ subsection (۲) of section ۲٫ subsection (۱) of section ۳٫
subsection (۱) of section ۵٫ section ۶٫ sections ۳۲ to ۴۸ (inclusive)٫ sections
۵۱٫ ۵۲٫ ۵۶? ۵۷٫ ۶۰ and ۶۱٫ subsection (۳) of section ۶۵٫ subsection (۲) of
section ۷۵٫ section ۷۶ (other than subsection (۲) thereof)٫ sections ۷۷ and ۷۸٫
section ۸۰٫ section ۹۱ sections ۹۵ to ۱۰۰ (inclusive)٫ sections ۱۰۲ to ۱۱۰
(inclusive)٫ sections ۱۱۳٫ ۱۱۴٫ ۱۱۸٫ ۱۱۹ or ۱۲۰ of this Constitution: or
(c) section ۱۲۴ of this Constitution in its application to any of the
provisions specified in paragraph (a) or (b) of this subsection٫
a bill for an Act of Parliament under this section shall not be passed in the
House of Representatives unless at the final voting thereon in that House it is
supported by the votes of not less than two-thirds of all the members of the
House.
(۳) In so far as it alters -–-
(a) this subsection or subsection (۴) of this section; or
(b) subsection (۲) of section ۷۶ of this Constitution٫ a bill for an Act of
Parliament under this section shall not be presented to the President for his
assent unless not less than three nor more than six months after its passage
through the House in the manner specified in subsection (۲) of this section it
has been submitted to the electors qualified to vote for the election of
members of the House of Representatives and the majority of the electors voting
have approved the bill.
(۴) The provisions of subsection (۱۰) of section ۵۶ of this Constitution shall
apply to the voting on a bill submitted to the electors under subsection (۳) of
this section as they apply to voting at the election of members of the House of
Representatives٫ and subject as aforesaid the vote on such bill shall be taken
in such manner as Parliament may prescribe.
(۵) In so far as it alters any of the provisions of this Constitution other
than those specified in subsections (۲) and (۳) of this section٫ a٫ bill for an
Act of Parliament under this section shall not be passed in the House of
Representatives unless at the final voting thereon in that House it is
supported by the votes of a majority of all the members of the House.
(۶) An Act of Parliament altering the number of members of the House of
Representatives shall not affect the membership of the House before the
dissolution of Parliament next following its enactment.
(۷) In this section -–-
(a) references to any of the provisions of this Constitution or of the Malta
Independence Act٫ ۱۹۶۴ include references to any law that amends or replaces
that provision; and
(b) references to the alteration of any of the provisions of this Constitution
or of the Malta Independence Act٫ ۱۹۶۴ include references to the amendment٫
modification or re-enactment٫ with or without amendment or modification٫ of
that provision٫ the suspension or repeal of that provision and the making of a
different provision in lieu of that provision.
Section ۶۷ [Regulation of Procedure]
(۱) Subject to the provisions of this Constitution٫ the House of
Representatives may regulate its own procedure.
(۲) The House of Representatives may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the House first meets on or
after the appointed day or after any dissolution of Parliament) and the
presence or participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate those
proceedings.
(۳) Any provision made in pursuance of subsection (۱) of this section for
setting up Committees of the House to enquire into matters of general public
importance shall be designed to secure that٫ so far as it appears practicable
to the House٫ any such Committee is so composed as fairly to represent the
House.
Section ۶۸ [Oath of Members of Parliament]
No member of the House of Representatives shall be permitted to take part in
the proceedings of the House other than proceedings necessary for the purposes
of this section until he has taken and subscribed before the House the oath of
allegiance:
Provided that the election of the Speaker and Deputy Speaker may take place
before the members of the House have taken and subscribed such oath
Section ۶۹ [Presidency of Parliament]
(۱) There shall preside at any sitting of the House of Representatives -–-
(a) the Speaker; or
(b) in the absence of the Speaker٫ the Deputy Speaker; or
(c) in the absence of the Speaker and the Deputy Speaker٫ such member of the
House (not being a Minister or a Parliamentary Secretary) as the House may
elect for that purpose.
(۲) References in this section to circumstances in which the Speaker or the
Deputy Speaker is absent include references to circumstances in which the
office of Speaker or Deputy Speaker is vacant.
Section ۷۰ [Quorum]
(۱) If at any sitting of the House of Representatives any member who is present
draws the attention of the person presiding at the sitting to the absence of a
quorum and٫ after such interval as may be prescribed in the Standing Orders of
the House٫ the person presiding at the sitting ascertains that a quorum of the
House is still not present٫ the House shall be adjourned.
(۲) For the purposes of this section -–-
(a) a quorum of the House of Representatives shall consist of fifteen members;
and
(b) the person presiding at the sitting of the House shall not be included in
reckoning whether there is a quorum present.
Section ۷۱ [Majority]
(۱) Save as otherwise provided in this Constitution٫ all questions proposed for
decision in the House of Representatives shall be determined by a majority of
the votes of the members thereof present and voting.
(۲) The Speaker shall not vote unless on any question the votes are equally
divided٫ in which case he shall have and exercise a casting vote.
(۳) Any other person shall٫ when presiding in the House of Representatives٫
retain his original vote as a member and٫ if upon any question٫ the votes are
equally divided٫ shall also have and exercise a casting vote.
Section ۷۲ [Bills]
(۱) The power of Parliament to make laws shall be exercised by bills passed by
the House of Representatives and assented to by the President.
(۲) When a bill is presented to the President for assent٫ he shall without
delay signify that he assents.
(۳) A bill shall not become law unless it has been duly passed and assented to
in accordance with this constitution.
(۴) When a law has been assented to by the President it shall without delay be
published in the Gazette and shall not come into operation until it has been so
published٫ but Parliament may postpone the coming into operation of any such
law and may make laws with retrospective effect.
Section ۷۳ [Finance Bills]
Except upon the recommendation of the President signified by a Minister٫ the
House of Representatives shall not -–-
(a) proceed upon any bill (including any amendment to a bill) that٫ in the
opinion of the person presiding٫ makes provision for any of the following
purposes٫ that is to say٫ for imposing or increasing any tax٫ for imposing or
increasing any charrrge on the revenues or other funds of Malta or for
altering any such charrrge otherwise than by reducing it٫ or for compounding
or remitting any debt due to Malta;
(b) proceed upon any motion (including any amendment to a motion) the effect of
which٫ in the opinion of the person presiding٫ would be to make provision for
any of the purposes aforesaid; or
(c) receive any petition which٫ in the opinion of the person presiding٫
requests that provision be made for any of the purposes aforesaid.
Section ۷۴ [Legal Languages]
Save as otherwise provided by Parliament٫ every law shall be enacted in both
the Maltese and English languages and٫ if there is any conflict between the
Maltese and the English texts of any law٫ the Maltese text shall prevail.
Part ۳ Summoning٫ prorogation and dissolution
Section ۷۵ [Sessions]
(۱) Each session of Parliament shall commence at such time as the President may
by proclamation appoint and shall be held at such place or places as the
President by proclamation٫ or as the House of Representatives in any manner it
may deem appropriate٫ may from time to time appoint.
(۲) There shall be a session of Parliament once at least in every year٫ so that
a period of twelve months shall not intervene between the last sitting of
Parliament in one session and the first sitting thereof in the next session.
(۳) The House of Representatives shall meet not later than two months after the
publication of the official result of any general election by the Electoral
Commission on a day appointed by the
President
Section ۷۶ [Dissolution]
(۱) The President may at any time by proclamation prorogue or dissolve
Parliament.
(۲) Subject to the provisions of subsection (۳) of this section٫ Parliament٫
unless sooner dissolved٫ shall continue for five years from the date of its
first sitting after any dissolution and shall then stand dissolved.
(۳) At any time when Malta is at war٫ Parliament may from time to time extend
the period of five years specified in subsection (۲) of this section for not
more than twelve months at a time
Provided that the life of Parliament shall not be extended under this
subsection for more than five years.
(۴) If between a dissolution of Parliament and the next ensuing general
election of members of the House of Representatives an emergency arises of such
a nature that٫ in the opinion of the Prime Minister it is necessary to recall
Parliament٫ the President may by proclamation summon the Parliament that has
been dissolved to meet٫ and that Parliament shall thereupon be deemed (except
for the purpose of section ۷۷ and٫ in relation to the next ensuing general
election٫ section ۶۱(۳) and ۶۶(۶) of this Constitution) not to have been
dissolved but shall be deemed (except as aforesaid) to be dissolved on the date
on which the polls are concluded in the next ensuing general election.
(۵) In the exercise of his powers under this section the President shall act in
accordance with the advice of the Prime Minister:
Provided that -–-
(a) if the House of Representatives passes a resolution٫ supported by the votes
of a majority of all the members thereof٫ that it has no confidence in the
Government٫ and the Prime Minister does not within three days either resign
from his office or advice a dissolution٫ the President may dissolve Parliament;
(b) if the office of Prime Minister is vacant and the President considers that
there is no prospect of his being able within a reasonable time to appoint to
that office a person who can command the support of a majority of the members
of the House of Representatives٫ the President may dissolve Parliament; and
(c) if the Prime Minister recommends a dissolution and the President considers
that the Government of Malta can be earned on without a dissolution and that a
dissolution would not be in the interests of Malta٫ the President may refuse to
dissolve Parliament.
Section ۷۷ [Re-Election]
A general election of members of the House of Representatives shall be held at
such time within three months after every dissolution of Parliament as the
President acting in accordance with the advice of the Prime Minister٫ shall by
proclamation appoint.
Chapter VII The execccutive
Section ۷۸ [President]
(۱) The execccutive authority of Malta is vested in the President.
(۲) The execccutive authority of Malta shall be exercised by the President٫
either directly or through officers subordinate to him٫ in accordance with the
provisions of this Constitution.
(۳) Nothing in this section shall prevent Parliament from conferring functions
on persons or authorities other than the President.
Section ۷۹ [Cabinet]
(۱) There shall be a Cabinet for Malta which shall consist of the Prime
Minister and such number of other Ministers as may be appointed in accordance
with section ۸۰ of this Constitution.
(۲) The Cabinet shall have the general direction and control of the Government
of Malta and shall be collectively responsible therefor to Parliament.
Section ۸۰ [Appointment of Prime Minister]
Wherever there shall be occasion for the appointment of a Prime Minister٫ the
President shall appoint as Prime Minister the member of the House of
Representatives who٫ in his judgment٫ is best able to command the support of a
majority of the members of that House and shall٫ acting in accordance with the
advice of the Prime Minister٫ appoint the other Ministers from among the
members of the House of Representatives:
Provided that if occasion arises for making an appointment to the office of
Prime Minister or any other Minister while Parliament is dissolved٫ a person
who was a member of the House of Representatives immediately before the
dissolution may be appointed as Prime Minister or any other Minister as if٫ in
each case٫ such person were still a member of the House of Representatives٫ but
any person so appointed shall vacate office at the beginning of the next
session of Parliament if he is not then a member thereof.
Section ۸۱ [Vote of No Confidence]
(۱) If the House of Representatives passes a resolution٫ supported by the votes
of a majority of all the members thereof٫ that it has no confidence in the
Government٫ the President may remove the Prime Minister from office:
Provided that the President shall not do so unless three days have elapsed and
he has decided not to dissolve Parliament under section ۷۶ of this
Constitution.
(۲) The office of Prime Minister shall also become vacant -–-
(a) when٫ after any dissolution of parliament٫ the Prime Minister is informed
by the President that the President is about to re-appoint him as Prime
Minister or to appoint another person as Prime Minister:
(b) if he ceases to be a member of the House of Representatives otherwise than
by a dissolution of Parliament: or
(c) if٫ under the provisions of subsection (۲) of section ۵۵ of this
Constitution٫ he is required to cease to perform his functions as a member of
the House of Representatives.
(۳) The office of a Minister٫ other than the office of Prime Minister٫ shall
become vacant -–-
(a) upon the appointment or re-appointment of any person to the office of Prime
Minister;
(b) if his appointment to his office is revoked by the President٫ acting in
accordance with the advice of the Prime Minister;
(c) if he ceases to be a member of the House of Representatives otherwise than
by a dissolution of Parliament or
(d) if٫ under the provisions of subsection (۲) of section ۵۵ of this
Constitution٫ he is required to cease to perform his functions as a member of
the House of Representatives.
Section ۸۲ [Empowering Ministers]
(۱) Subject to the provisions of this Constitution٫ the President٫ acting in
accordance with the advice of the Prime Minister٫ may٫ by directions in
writing٫ assign to the Prime Minister or any other Minister responsibility for
any business of the Government of Malta including the administration of any
department of government.
(۲) Nothing in this section shall empower the President to confer on any
Minister authority to exercise any power or to discharrrge any duty that is
conferred or imposed by this Constitution or any other law on any person or
authority other than that Minister.
Section ۸۳ [Absence of Prime Minister]
(۱) Whenever the Prime Minister is absent from Malta or on vacation٫ or is
unable by reason of illness to perform the functions of his office٫ the
President may authorise any other member of the Cabinet to perform those
functions (other than the functions conferred by this section) and that member
may perform those functions until his authority is revoked by the President.
(۲) The powers of the President under this section shall be exercised by him in
accordance with the advice of the Prime Minister:
Provided that if the President considers that it is impracticable to obtain the
advice of the Prime Minister owing to his absence or illness he may exercise
those powers without that advice.
Section ۸۴ [Inability of Ministers]
(۱) Whenever a Minister other than the Prime Minister is unable٫ by reason of
his illness or absence from Malta٫ to perform the functions of his office٫ the
President may appoint another member of the House of Representatives to be a
temporary Minister:
Provided that if occasion arises for making an appointment while Parliament is
dissolved٫ a person who٫ immediately before the dissolution٫ was a member of
the House of Representatives may be appointed as a temporary Minister as if he
were still a member of that House٫ but any person so appointed shall vacate
office at the beginning of the next session of Parliament if he is not then a
member thereof.
(۲) Subject to the provisions of section ۸۱ of this Constitution٫ a temporary
Minister shall hold office until he is notified by the President that the
Minister on account of whose inability to perform the functions of his office
he was appointed is again able to perform those functions or until that
Minister vacates his office.
(۳) The powers of the President under this section shall be exercised by him in
accordance with the advice of the Prime Minister.
Section ۸۵ [Advice of Cabinet]
(۱) In the exercise of his functions the President shall act in
accordance with the advice of the Cabinet or a Minister acting under the
general authority of the Cabinet except in cases where he is required by this
Constitution or any other law to act in accordance with the advice of any
person or authority other than the Cabinet:
Provided that the President shall act in accordance with his own deliberate
judgment in the performance of the following functions -–-
(a) in the exercise of the powers relating to the dissolution of Parliament
conferred upon him by the proviso to subsection (۵) of section ۷۶ of this
Constitution;
(b) in the exercise of the power to appoint the Prime Minister or remove the
Prime Minister from office conferred upon him by section ۸۰ and subsection (۱)
of section ۸۱ of this Constitution;
(c) in the exercise of the powers conferred upon him by section ۸۳ of this
Constitution (which relates to the performance of the functions of the Prime
Minister during absence٫ vacation or illness) in the circumstances described in
the proviso to subsection (۲) of that section;
(d) in the exercise of the power to appoint the Leader of the Opposition and to
revoke any such appointment conferred upon him by section ۹۰ of this
Constitution; and
(e) in signifying his approval for the purposes of subsection (۴) of section
۱۱۰ of this Constitution of an appointment to an office on his personal staff.
(۲) Where by this Constitution the President is required to act in accordance
with the advice of any person or authority٫ the question whether he has in any
case received٫ or acted in accordance with٫ such advice shall not be enquired
into in any court.
(۳) The reference in subsection (۱) of this section to the functions of the
President shall be construed as a reference to his powers and duties in the
exercise of the execccutive authority of Malta and to any other powers and
duties conferred or imposed on him as President by or under this Constitution
or any other law.
Section ۸۶ [Government by Recommendation]
(۱) Where by this Constitution the Prime Minister is required to exercise any
function on the recommendation of any person or authority he shall exercise
that function in accordance with such recommendation.
Provided that -–-
(a) before he acts in accordance therewith he may once refer that
recommendation back for reconsideration by the person or authority concerned;
and
(b) if that person or authority٫ havinggg reconsidered the original
recommendation under the preceding paragraph٫ substitutes thereof a different
recommendation٫ the provisions of this subsection shall apply to that different
recommendation as they apply to the original recommendation.
(۲) Where by this Constitution the Prime Minister is required to perform any
function after consultation with any person or authority٫ he shall not be
obliged to perform that function in accordance with the advice of that person
or authority.
(۳) Where by this Constitution the Prime Minister is required to perform any
function in accordance with the recommendation of٫ or after consultation with٫
any person or authority٫ the question whether he has in any case received٫ or
acted in
accordance with such recommendation or whether he has consulted with such
person or authority shall not be enquired into in any court.
Section ۸۷ [Information of President]
The Prime Minister shall keep the President fully informed concerning the
general conduct of the Government of Malta and shall furnish the President with
such information as he may request with respect to any particular matter
relating to the Government of Malta.
Section ۸۸ [Parliamentary Secretaries]
(۱) The President٫ acting in accordance with the advice of the Prime Minister٫
may appoint Parliamentary Secretaries from among the members of the House of
Representatives to assist Ministers in the performance of their duties;
Provided that if occasion arises for making an appointment while Parliament is
dissolved٫ a person who immediately before the dissolution was a member of the
House of Representatives may be appointed as a Parliamentary Secretary as if he
were still a member of that House٫ but any person so appointed shall vacate
office at the beginning of the next session of Parliament if he is not then a
member thereof.
(۲) The provisions of subsection (۳) of section ۸۱ of this Constitution shall
apply to Parliamentary Secretaries as they apply to Ministers.
Section ۸۹ [Oath of Ministers]
A Minister or a Parliamentary Secretary shall not enter upon the duties of his
office unless he has taken and subscribed the oath of allegiance and the oath
of office set out in the Third and in the Second Schedule to this Constitution.
Section ۹۰ [Leader of the Opposition]
(۱) There shall be a Leader of the Opposition who shall be appointed by the
President.
(۲) Whenever there shall be occasion for the appointment of a Leader of the
Opposition٫ the President shall appoint -–-
(a) if there is one opposition party whose numerical strength in the House of
Representatives is greater than the strength of any other opposition party٫ the
member of the House of Representatives who is the Leader of that party; or
(b) if٫ by reason of an equality in the numerical strength of the opposition
parties in the House or by reason that there is no opposition party٫ no person
is qualified for appointment under paragraph (a) of this subsection٫ the member
of the House who٫ in the judgement of the President٫ commands the support of
the largest single group of members of the House in opposition to the
Government who are prepared to support one leader.
(۳) The office of Leader of the Opposition shall become vacant -–-
(a) if after any dissolution of Parliament٫ he is informed by the President
that the President is about to appoint another person as Leader of the
Opposition;
(b) if he ceases to be a member of the House of Representatives otherwise than
by a dissolution of Parliament;
(c) if٫ under the provisions of subsection (۲) of section ۵۵ of this
Constitution٫ he is required to cease to perform his
functions as a member of the House of Representatives; or
(d) if his appointment is revoked under the provisions of subsection (۴) of
this section.
(۴) If٫ in the judgment of the President٫ a member of the House of
Representatives other than the Leader of the Opposition٫ has become the Leader
in the House of the opposition party havinggg the greatest numerical strength
in the House or٫ as the case may be٫ the Leader of the Opposition has ceased to
command the support of the largest single group of members in opposition to the
Government٫ the President shall revoke the appointment of the Leader of the
Opposition.
(۵) Subsection (۴) of this section shall not have effect while Parliament is
dissolved.
Section ۹۱ [Attorney General]
(۱) There shall be an Attorney General whose office shall be a public office
and who shall be appointed by the President acting in accordance with the
advice of the Prime Minister.
(۲) A person shall not be qualified to hold office as Attorney General unless
he is qualified for appointment as a judge of the Superior Courts.
(۳) In the exercise of his powers to institute٫ undertake and discontinue
criminal proceedings and of any other powers conferred on him by any law in
terms which authorise him to exercise that power in his individual judgment the
Attorney General shall not be subject to the direction or control of any other
person or authority.
(۴) Subject to the provisions of subsection (۵) of this section٫ the Attorney
General shall vacate his office when he attains the age of sixty years.
(۵) Subsections (۲) and (۳) of section ۹۷ of this Constitution shall apply to
the Attorney General.
Section ۹۲ [Departmental Control]
(۱) Where any Minister has been charrrged with responsibility for any
department of government٫ he shall exercise general direction and control over
that department; and٫ subject to such direction and control٫ the department
may be under the supervision of a Permanent Secretary:
Provided that two or more departments of government may be placed under the
supervision of one Permanent Secretary.
(۲) The Prime Minister shall be responsible for assigning departments of
government to Permanent Secretary.
(۳) Power to appoint public officers to hold or act in the office of Permanent
Secretary and to remove from office persons holding or acting in such office
shall vest in the President acting in accordance with the advice of the Prime
Minister given after the Prime Minister has consulted with the Public Service
Commission.
(۴) Heads of departments of government other than those whose manner of
appointment is specifically provided for in this Constitution shall be
appointed from amongst senior public officers by the Prime Minister acting
after consultation with the Public Service Commission.
Section ۹۳ [Presidential Powers]
(۱) The President shall have power to -–-
(a) grant to any person concerned in or convicted of any
offence a pardon٫ either free or subject to lawful conditions;
(b) grant to any person a respite٫ either indefinite or for a specified period٫
of the execccution of any sentence passed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on
any person for any offence; or
(d) remit the whole or part of any sentence passed on any person for an offence
or for any penalty or forfeiture otherwise due to the State on account of any
offence.
(۲) (a) Where any person has been sentenced to death by any court in Malta٫ the
President shall cause a written report of the case from the trial judge٫ or٫ in
the case of a court-martial the person presiding٫ and such other information
derived from the record of the case or elsewhere as the President may require٫
to be sent to the Minister responsible for justice.
(b) The said Minister shall send such written report and information (if any)
to the Cabinet٫ and the Cabinet shall advice the President whether he should
grant the offender a pardon or respite in the exercise of the powers conferred
on him by this section.
Section ۹۴ [Secretary of Cabinet]
(۱) There shall be a Secretary to the cabinet who shall be a public officer
designated in that behalf by the Prime Minister.
(۲) The Secretary to the Cabinet shall be responsible٫ in accordance with such
instructions as may be given to him by the Prime Minister for arranging the
business for٫ and keeping the minutes of٫ the meetings of the Cabinet and for
conveying the decisions of the Cabinet to the appropriate person or authority٫
and shall have such other functions as the Prime Minister may from time to time
direct.
Chapter VIII The Judiciary
Section ۹۵ [Courts٫ Constitutional Court]
(۱) There shall be in and for Malta such Superior Courts havinggg such powers
and jurisdiction as may be provided by any law for the time being in force in
Malta.
(۲) One of the Superior Courts٫ composed of such three judges as could٫ in
accordance with any law for the time being in force in Malta٫ compose the Court
of Appeal٫ shall be known as the Constitutional Court and shall have
jurisdiction to hear and determine -–-
(a) such questions as are referred to in section ۶۳ of the Constitution;
(b) any reference made to it in accordance with section ۵۶ of this Constitution
and any matter referred to it in accordance with any law relating to the
election of members of the House of Representatives;
(c) appeals from decisions of the Civil Court٫ First Hall٫ under section ۴۶ of
this Constitution;
(d) appeals from decisions of any court of original jurisdiction in Malta as to
the interpretation of this Constitution other than those which may fall under
section ۴۶ of this Constitution;
(e) appeals from decisions of any court of original jurisdiction in Malta on
questions as to the validity of laws other than those which may fall under
section ۴۶ of this Constitution; and
(f) any question decided by a court of original jurisdiction in
Malta together with any of the questions referred to in the foregoing
paragraphs of this subsection on which an appeal has been made to the
Constitutional Court:
Provided that nothing in this paragraph shall preclude an appeal being brought
separately before the Court of Appeal in accordance with any law for the time
being in force in Malta.
(۳) Notwithstanding the provisions of subsection (۲) of this section٫ if any
such question as is referred to in paragraph (d) or (e) of that subsection
arises for the first time in proceedings in a court of appellate jurisdiction٫
that court shall refer the question to the court which gave the original
decision٫ unless in its opinion the raising of the question is merely frivolous
or vexatious٫ and that court shall give its decision on any such question and٫
subject to any appeal in accordance with the provisions of subsection (۲) of
this section٫ the court in which the question arose shall dispose of the
question in accordance with that decision.
(۴) The provisions of subsections (۶) and (۷) of section ۴۶ of this
Constitution shall apply to the Constitutional Court and for that purpose
references to that section in the said subsections shall be construed as
references to this section.
(۵) If at any time during an election of members of the House of
Representatives and the period of thirty days following any such election٫ the
Constitutional Court is not constituted as provided in this section٫ the said
Court shall٫ thereupon and until otherwise constituted according to law٫ be
constituted by virtue of this subsection and shall be composed of the three
more senior of the judges then in office٫ including٫ if any is in office٫ the
Chief Justice or other judge performing the functions of Chief Justice; and
if at any other time the said Court is not constituted as provided in this
section for a period exceeding fifteen days٫ such Court shall٫ upon the
expiration of the said period of fifteen days and until otherwise constituted
according to law٫ be constituted by virtue of this subsection and shall be
composed of the three more senior judges as aforesaid.
(۶) The judges of the Superior Courts shall be a Chief Justice and such number
of other judges as may be prescribed by any law for the time being in force in
Malta:
Provided that the office of a judge of the Superior Courts shall not٫ without
his consent٫ be abolished during his continuance in office.
Section ۹۶ [Appointment of Judges]
(۱) The judges of the Superior Courts shall be appointed by the President
acting in accordance with the advice of the Prime Minister.
(۲) A person shall not be qualified to be appointed a judge of the Superior
Courts unless for a period of٫ or periods amounting in the aggregate to٫ not
less than twelve years he has either practiced as an advocate in Malta or
served as a magistrate in Malta٫ or has partly so practiced and partly so
served.
Section ۹۷ [Conclusion of Office]
(۱) Subject to the provisions of this section٫ a judge of the Superior Courts
shall vacate his office when he attains the age of sixty-five years.
(۲) A judge of the Superior Courts shall not be removed from his office except
by the President upon an address by the House of Representatives supported by
the votes of not less than two-thirds of all the members thereof and praying
for such removal on the ground of proved inability to perform the functions of
his office (whether arising from infirmity of body or mind or any other cause)
or proved misbehaviour.
(۳) Parliament may by law regulate the procedure for the presentation of an
address and for the investigation and proof of the inability or misbehaviour of
a judge of the Superior Courts under the provisions of the last preceding
subsection.
Section ۹۸ [Chief Justice]
(۱) If the office of Chief Justice is vacant or if the Chief Justice is for any
reason unable to perform the functions of his office٫ then٫ until a person has
been appointed to and has assumed the functions of that office or until the
Chief Justice has resumed those functions٫ as the case may be٫ those functions
shall (except to such extent٫ if any٫ as other provision is made by law) be
performed by such one of the other Judges of the Superior Courts as may be
designated in that behalf by the President٫ acting in accordance with the
advice of the Prime Minister.
(۲) If the office of any judge of the Superior Courts (other than the Chief
Justice) is vacant or if any such judge is appointed to act as Chief Justice or
is for any reason unable to perform the functions of his office٫ the President٫
acting in accordance with the advice of the Prime Minister٫ may appoint a
person qualified for appointment as a judge of the Superior Courts to act as a
judge of those Courts:
Provided that a person may be so appointed notwithstanding that he has attained
the age of sixty-five years.
(۳) Any person appointed under subsection (۲) of this section to act as a judge
of the Superior Courts shall continue so to act for the period of his
appointment or٫ if no such period is specified٫ until his appointment is
revoked by the President acting in accordance with the advice of the Prime
Minister.
Section ۹۹ [Inferior Courts]
There shall be in and for Malta such inferior courts havinggg such powers and
jurisdiction as may be provided by any law for the time being in force in
Malta.
Section ۱۰۰ [Magistrates]
(۱) Magistrates of the inferior courts shall be Magistrates. appointed by the
President acting in accordance with the advice of the Prime Minister.
(۲) A person shall not be qualified to be appointed to or to act in the office
of magistrate of the inferior courts unless he has practiced as an advocate in
Malta for a period of٫ or periods amounting in the aggregate to٫ not less than
seven years.
(۳) Subject to the provisions of subsection (۴) of this section٫ a magistrate
of the inferior courts shall vacate his office when he attains the age of sixty
years.
(۴) The provisions of subsections (۲) and (۳) of section ۹۷ of this
Constitution shall apply to magistrates of the inferior courts.
Section ۱۰۱ [Oath of Allegiance]
A judge of the Superior Courts or a magistrate of the inferior courts shall not
enter upon the duties of his office taken by judges unless he has taken and
subscribed the oath of allegiance and such oath for the due execccution of his
office as may be
prescribed by any law for the time being in force in Malta.
Section ۱۰۱A [Remuneration]
(۱) There shall be a Commission for the Administration of Justice which shall
consist of the President٫ who shall be the Chairman٫ and nine other members as
follows:
(a) The Chief Justice who shall be Deputy Chairman and shall preside over the
Commission in the absence of the Chairman;
(b) the Attorney General٫ ex officio;
(c) two members elected for a period of four years by the Judges of the
Superior Court from among themselves;
(d) two members elected for a period of four years by the Magistrates of the
Inferior Courts from among themselves;
(e) two members appointed for a period of four years as to one by the Prime
Minister and as to the other by the Leader of the Opposition٫ being in each
case٫ a person of at least forty five years of age٫ and who enjoys the general
respect of the public and a reputation of integrity and honesty;
(f) the President of the Chamber of Advocates٫ ex officio.
(۲) The President shall only have a casting vote; when the Deputy Chairman
presides over a meeting of the Commission he shall retain his original vote
together with the casting vote.
(۳) The members elected to the Commission for the Administration of Justice
shall be elected in accordance with such Rules as may be prescribed by the
person or Authority referred to in subsection (۷) of section ۴۶ of this
Constitution.
(۴) (a) A person shall not be qualified to be appointed or continue to hold
office as a member of the Commission for the Administration of Justice:
(i) if he is a Minister٫ a Parliamentary Secretary٫ a Member of the House of
Representatives or a member of a local government authority; or
(ii) if he has been convicted of any crime punishable by imprisonment for any
term; or
(iii) if he is disqualified to be elected as a member of the House of
Representatives for any of the reasons stated in paragraphs (a)٫ (c)٫ (d)٫ (e)٫
(f)٫ (g) or (h) of subsection (۱) of section ۵۴ of this Constitution;
(b) The office of a member of the Commission for the Administration of Justice
shall become vacant if any circumstances arise that if he were not a member of
the Commission he would not qualify for membership thereof٫ and a member of the
Commission may abstain or be challenged in the same circumstances as a judge of
the superior courts.
(۵) (a) Where a person fills a vacancy caused by a member of the Commission for
the Administration of Justice ceasing to be such a member for any reason٫ other
than the expiration of the period of office٫ such person shall hold office for
the unexpired period of office of the member he replaces.
(b) Where a member of the Commission has been challenged or has abstained٫ the
President acting in accordance with his own deliberate judgement shall appoint
as a substitute member to sit on the Commission٫ a person who in his opinion
has as far as may be the same qualities and qualifications as the member
substituted.
(c) Where the members who٫ are to be elected under paragraph (c) and (d) of
subsection (۱) of this section٫ or who are to be appointed under paragraph (e)
of the same subsection٫ are not so elected or appointed within two weeks from a
call for
the purpose by the President٫ the President who in making such appointment
shall act in accordance with his own deliberate judgement shall himself appoint
members in their stead who where possible in his opinion shall have the same
qualities and qualifications as such members.
(۶) (a) The Commission for the Administration of Justice shall at all times
have a committee for Advocates and Legal Procurators which shall have such
composition٫ functions٫ powers and duties as may be assigned to it by law. The
Commission shall in the exercise of any of its functions in relation to the
professions of Advocates and Legal Procurators act through the said committee
in such manner and subject to such review as may by the said law be provided.
(b) Notwithstanding the provisions of paragraph (a) of this subsection٫ the
Commission shall refer to the Committee for Advocates and Legal Procurators
(hereinafter in this section referred to as "the Committee") any matter
concerning the misconduct of an advocate or legal procurator in the exercise of
their profession٫ and٫ saving in the case of an appeal٫ the Commission shall
not act otherwise than on receipt of٫ and in accordance with٫ the findings of
the Committee in any such matter. So however that٫ where a report of findings
by the Committee has not been submitted to the Commission within two months
from the day on which the matter was brought before the Committee٫ or within
such further period or periods as the Commission may allow٫ which shall in no
case٫ except for very exceptional reasons٫ exceed a further four months٫ the
Commission shall thereupon itself investigate and determine the matter.
(c) Without prejudice to the provisions of the foregoing paragraph the
Commission may appoint such other committees to assist it on any matter falling
within its functions as it may deem fit.
(۷) In the exercise of their functions the members of the Commission and of any
of its committees shall act on their individual judgement and shall not be
subject to the direction or control of any person or authority.
(۸) Subsections (۲) and (۳) of section ۱۲۱ of this Constitution shall apply to
any committee of the Commission.
(۹) There shall be a secretary of the Commission for the Administration of
Justice who shall also act as secretary of any committee of the Commission. The
Secretary of the Commission shall be appointed by the Commission-from among
public officers assigned to the Courts or from. among members of the legal
professions. The Secretary shall hold office until such time as his appointment
is terminated by the Commission.
(۱۰) A person appointed as a member of the Commission for the Administration of
Justice or any of its committees may be removed from office by the President٫
acting in accordance with the advice of the body or the holder of the office
appointing such member٫ but he may be removed only for inability to
discharrrge the functions of his office (whether arising from infirmity of
mind or body or any other cause) or for misbehaviour.
(۱۱) The functions of the Commission for the Administration of Justice shall
be:
(a) to supervise the workings of all the superior and inferior courts and to
make such recommendations to the minister responsible for justice as to the
remedies٫ which appear to it٫ conductive to a more efficient functioning of
such courts;
(b) to advise the minister responsible for justice on any matter relating to
the organisation of the administration of justice;
(c) when so requested by the Prime Minister٫ to advise on any appointment to be
made in teens of sections ۹۶٫ ۹۸ or ۱۰۰ of this Constitution;
(d) to draw up a code or codes of ethics regulating the conduct of members of
the judiciary;
(e) on the advice of the Committee for Advocates and Legal Procurators to draw
up a code or codes of ethics regulating the professional conduct of members of;
those professions:
Provided that where such advice is not given within such time as the Commission
may establish٫ the Commission may draw up such code or codes without the
necessity of such advice.
(f) to draw the attention of any judge or magistrate on any matter٫ in any
court in which he sits٫ which may not be conducive to an efficient and proper
functioning of such court٫ and to draw the attention of any judge or magistrate
to any conduct which could effect the trust conferred by their appointment٫ or
to any failure on his part to abide by any code or codes of ethics relating to
him;
(g) to exercise٫ in accordance with any law٫ discipline over advocates and
legal procurators practicing their profession; and
(h) such other function as may be assigned to it by law.
(۱۲) The Commission for the Administration of Justice shall each year make a
report to the Minister responsible for justice on its activities during the
previous calendar year٫ and shall at any time٫ when it deems fit or as may be
required by the said minister٫ make a report on any particular matter to the
said minister.
(۱۳) The powers of the President under any law with regard to the subrogation
of Judges and Magistrates and to the assignment of duties of Judges and
Magistrates shall be exercised on the advice of the minister responsible for
justice٫ so however that٫ the minister shall٫ in advising the President٫ act in
accordance with any recommendation on the matter by the Chief Justice:
Provided that where the Chief Justice fails to make a recommendation to the
minister٫ and in any case where the minister deems it so appropriate٫ the
minister may advise the President on the matter٫ in any manner which٫ in the
circumstances٫ he considers appropriate:
Provided further than in any such case he shall immediately publish in the
Gazette٫ a notice of that fact together with the reasons therefor٫ and he shall
make a statement of such fact in the House of Representatives not later than
the second sitting immediately after he has so advised the President.
(۱۴) The question whether the Commission for the Administration of Justice has
validly performed any function vested in it by or under this Constitution shall
not be enquired into in any court.
Chapter IX Finance
Section ۱۰۲ [Revenues]
(۱) All revenues and other moneys raised or received by Malta (not being
revenues or other moneys payable into some other fund٫ being a fund established
by or under any law for the time being in force in Malta for a specific
purpose) shall٫ unless Parliament otherwise provides٫ be paid into and form one
Consolidated Fund.
(۲) No moneys shall be withdrawn from the Consolidated Fund except to meet
expenditure that is charrrged upon the Fund by this Constitution or any other
law for the time being in force in Malta or where the issue of those moneys has
been authorised by an Appropriation Act or under section ۱۰۴ of this
Constitution.
(۳) No moneys shall be withdrawn from any public Fund other than the
Consolidated Fund unless the issue of those moneys has been authorised by or
under any law for the time being in force in Malta.
(۴) No moneys shall be withdrawn from the Consolidated Fund or any other public
fund except in the manner prescribed by or under any law.
(۵) The costs٫ charrrges and expenses incidental to the collection and
management- of the Consolidated Fund shall be a charrrge on the Fund.
Section ۱۰۳ [Estimates of Revenues]
(۱) The Minister responsible for finance shall cause to be prepared and laid
before the House of Representatives before٫ or not later than thirty days
after٫ the commencement of each financial year estimates of the revenues and
expenditure of Malta for that year.
(۲) The heads of expenditure contained in the estimates (other than the
expenditure charrrged upon the Consolidated Fund by this Constitution or any
other law for the time being in force in Malta) shall be included in a bill٫ to
be known as an appropriation bill٫ providing for the issue from the
Consolidated Fund of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified therein.
(۳) If in respect of any financial year it is found -–-
(a) that the amount appropriated by the Appropriation Act for any purpose is
insufficient٫ or that a need has arisen for expenditure for a purpose for which
no amount has been appropriated by that Act; or
(b) that any moneys have been expended for any purpose in excess of the amount
(if any) appropriated for the purpose by that Act٫
a supplementary estimate showing the sums required or spent shall be laid
before the House of Representatives and the heads of any such expenditure shall
be included in a supplementary appropriation bill.
Section ۱۰۴ [Emergency Budget]
Parliament may make provision under which٫ if the Appropriation Act in respect
of any financial year has not come into operation by the beginning of that
financial year٫ the Minister responsible for finance may authorise the
withdrawal of moneys from the Consolidated Fund for the purpose of meeting such
expenditure as he may consider necessary to carry on the government of Malta
until the expiration of four months from the beginning of that financial year
or the coming into operation of the Act٫ whichever is the earlier.
Section ۱۰۵ [Contingencies Fund]
(۱) Parliament may provide for the establishment of a Contingencies Fund and
for authorising the Minister responsible for finance٫ if he is satisfied that
there has arisen an urgent and unforeseen need for expenditure for which no
other provision exists٫ to make advances from that Fund to meet that need.
(۲) Where any advance is made in accordance with subsection (۱) of this section
a supplementary estimate shall be
presented and a supplementary appropriation bill shall be introduced as soon as
practicable for the purpose of replacing the amount so advanced.
Section ۱۰۶ [Debt]
(۱) The public debt of Malta shall be a charrrge upon the Consolidated Fund
and other public funds of Malta.
(۲) In this section references to the public debt of Malta include references
to the interest on that debt٫ sinking fund payments and redemption moneys in
respect of that debt and the costs٫ charrrges and expenses incidental to the
management of that debt.
Section ۱۰۷ [Salaries of Officers]
(۱) There shall be paid to the holders of the offices to which this section
applies such salaries as may be prescribed by or under any law.
(۲) The salaries and any allowances payable to the holders of the offices to
which this section applies shall be a charrrge on the Consolidated Fund.
(۳) The salary payable to the holder of any office to which this section
applies and his terms of office٫ other than allowances٫ shall not be altered to
his disadvantage after his appointment٫ and٫ for the purposes of this
subsection٫ in so far as the salary or the terms of service of any person
depend upon the option of that person٫ the salary or terms for which he opts
shall be deemed to be more advantageous to him than any others for which he
might have opted.
(۴) This section applies to the offices referred to in sections ۴۸٫ ۹۱٫ ۹۵(۶)٫
۱۰۰٫ ۱۰۸٫ ۱۰۹٫ ۱۱۸ and ۱۲۰ of this Constitution.
Section ۱۰۸ [Director of Audit]
(۱) There shall be a Director of Audit for Malta٫ whose office shall be a
public office and who shall be appointed by the President acting in accordance
with the advice of the Prime Minister.
(۲) Subject to the provisions of subsection (۳) of this section٫ the Director
of Audit shall vacate his office when he attains the age of sixty years.
(۳) Subsections (۲) and (۳) of section ۹۷ of this Constitution shall apply to
the Director of Audit.
(۴) The accounts of all departments and offices of the Government of Malta٫
including the-office of the Public Service Commission٫ and the office of the
Clerk to the House of Representatives٫ and of all Superior and Inferior Courts
in Malta shall be audited and reported on annually by the Director of Audit and
for that purpose the Director of Audit or any person authorised by him in that
behalf shall have access to all books٫ records٫ returns and other documents
relating to those accounts.
(۵) The Director of Audit shall submit his reports made under subsection (۴) of
this section to the Minister responsible for finance٫ who shall cause them to
be laid before the House of Representatives within thirty days of the receipt
thereof by him٫ or٫ if the House of Representatives is not sitting٫ within
thirty days of the commencement of the next sitting of the House of
Representatives.
(۶) If the Minister fails to lay any reports before the House of
Representatives in accordance with subsection (۵) of this section٫ the Director
of Audit shall٫ forthwith on the expiration
of the period mentioned in the said subsection٫ transmit copies of such reports
to the Speaker of the House of Representatives (or٫ if the office of Speaker is
vacant or the Speaker is for any reason unable to perform the functions of his
office٫ to the Deputy Speaker) who shall٫ as soon as practicable٫ lay them
before the House of Representatives.
(۷) In the exercise of his functions under the provisions of subsections (۴)
and (۵) of this section the Director of Audit shall not be subject to the
direction or control of any other person or authority.
(۸) Nothing in this section shall prevent the performance by the Director of
Audit of -–-
(a) such other functions in relation to the accounts of the Government of Malta
and the accounts of other public authorities and other bodies administering
public funds in Malta as may be prescribed by or under any law for the time
being in force in Malta; or
(b) such other functions in relation to the supervision and control of
expenditure from public funds in Malta as may be so prescribed.
Chapter X The Public Service
Section ۱۰۹ [Public Service Commission]
(۱) There shall be a Public Service Commission for Malta which shall consist of
a chairman٫ a deputy chairman and from one to three other members.
(۲) The members of the Public Service Commission shall be appointed by the
President٫ acting in accordance with the advice of the Prime Minister given
after he has consulted the Leader of the Opposition.
(۳) A person shall not be qualified to hold office as a member of the Public
Service Commission if he is a Minister٫ a Parliamentary Secretary٫ a member of٫
or a candidate for election to٫ the House of Representatives٫ a member of a
local government authority or if he is a public officer.
(۴) A member of the Public Service Commission shall not٫ within a period of
three years commencing with the day on which he last held office as a member٫
be eligible for appointment to or to act in any public office.
(۵) Subject to the provisions of this section٫ the office of a member of the
Public Service Commission shall become vacant -–-
(a) at the expiration of five years from the date of his appointment or at such
earlier time as may be specified in the instrument by which he was appointed;
or
(b) if any circumstances arise that٫ if he were not a member of the Commission٫
would cause him to be disqualified for appointment as such.
(۶) A member of the Public Service Commission may be removed from office by the
President٫ acting in accordance with the advice of the Prime Minister٫ but he
may be removed only for inability to discharrrge the functions of his office
(whether arising from infirmity of mind or body or any other cause) or for
misbehaviour.
(۷) If the office of a member of the Public Service Commission is vacant or if
a member is for any reason unable to perform the functions of his office٫ the
President٫ acting in accordance with the advice of the Prime Minister٫ given
after he has consulted the Leader of the Opposition٫ may appoint a person
who is qualified to be appointed to be a member to be a temporary member of the
Commission; and any person so appointed shall٫ subject to the provisions of
subsections (۵) and (۶) of this section٫ cease to be such a member when a
person has been appointed to fill the vacancy or٫ as the case may be٫ when the
member who was unable to perform the functions of his office resumes those
functions.
Section ۱۱۰ [Prime Ministers Power to Appoint Officials]
(۱) Subject to the provisions of this Constitution٫ power to make appointments
to public offices and to remove and to exercise disciplinary control over
persons holding or acting in any such offices shall vest in the Prime Minister
acting on the recommendation of the Public Service Commission:
Provided that the Prime Minister may٫ acting on the recommendation of the
Public Service Commission٫ delegate in writing٫ subject to such conditions as
may be specified in the instrument of delegation٫ any of the powers referred to
in this subsection to such public officer or other authority as may be
specified in that instrument.
(۲) A delegation of a power under this section -–-
(a) shall be without prejudice to the exercise of that power by the Prime
Minister acting on the recommendation of the Public Service Commission;
(b) may authorise the public officer or other authority concerned to exercise
that power either with or without reference to the Public Service Commission;
and
(c) in respect of recruitment to public offices from outside the public
service٫ shall unless such recruitment is made after a public examination
advertised in the Gazette٫ be exercised only through an employment service
provided out of public funds which ensures that no distinction٫ exclusion or
preference is made or given in favour or against any person by reason of his
political opinion and which provides opportunity for employment solely in the
best interests of the public service and of the nation generally.
(۳) (a) An appeal shall lie to the Prime Minister acting in accordance with the
recommendation of the Public Service Commission٫ from any decision of a public
officer or authority to remove any person from a public office in exercise of
power delegated under subsection (۱) of this section:
Provided that such right of appeal shall be without prejudice to any such other
right of appeal as may be provided under section ۱۲۱(۱) of this Constitution in
respect of the exercise of any other power delegated under subsection (۱) of
this section.
(b) A right of appeal under this section shall be exercised in accordance with
such provision relating to procedure as may be prescribed by the Public Service
Commission under section ۱۲۱(۱) of this Constitution:
Provided that any procedure so prescribed shall be the same for all classes of
public officers.
(c) Where an appeal is brought under paragraph (b) of this subsection by any
public officer he shall٫ upon the consideration of the appeal by the Public
Service Commission٫ have the right to be heard by the Commission in person and
to be assisted by a representative of any trade unionnn to which he belongs.
(۴) No person shall be appointed under this section to or to act in any office
on the personal staff of the President except with the approval of the
President.
(۵) The provisions of this section shall not apply in relation to
-–-
(a) the offices referred to in sections ۹۱٫ ۹۲ (other than subsection (۴)
thereof)٫ ۹۴. ۹۵(۶)٫ ۱۰۰٫ ۱۰۸ and ۱۱۱ of this Constitution; or
(b) appointments to act in any public office for two months or less in so far
as the recommendation of the Public Service Commission is required for any such
appointment; or
(c) appointments to the offices referred to in section ۹۲(۴) and appointments
on transfer to and from the offices referred to in section ۱۱۲ of this
Constitution.
(۶) Recruitment for employment with any body established by the Constitution or
by or under any other law or with any partnership or other body in which the
Government of Malta٫ or any such body as aforesaid٫ have a controlling interest
or over which they have effective control shall٫ unless such recruitment is
made after a public examination duly advertised٫ be made through an employment
service as provided in subsection (۲) of this section.
Section ۱۱۱ [Presidents Power to Appoint Officials]
(۱) Power to appoint persons to hold or act in the offices to which this
section applies and to remove persons so representatives appointed from any
such office shall vest in the President٫ of Malta abroad acting in accordance
with the advice of the Prime Minister:
Provided that in respect of any person selecttted for appointment from the
public service the Prime Minister shall before giving his advice under the
provisions of this section consult with the Public Service Commission and٫ on
being removed from the office to which he has been appointed under the
provisions of this section٫ the person so appointed shall revert to the rank
which he held in the public service immediately before such appointment.
(۲) The offices to which this section applies are the offices of any
Ambassador٫ High Commissioner or other principal representative of Malta in any
other country.
Section ۱۱۲ [Other Power to Appoint Officials]
(۱) Power to make appointments on transfer to and from the offices to which
this section applies shall vest in on transfer the Prime Minister acting after
consultation with the Public Service Commission:
Provided that the person appointed to any such office under the provisions of
this section shall on being transferred from that office٫ revert to the rank
which he held in the public service immediately before his appointment to that
office.
(۲) The offices to which this section applies are -–-
(a) offices the holders of which are required to reside outside Malta for the
proper discharrrge of their functions; and
(b) such offices in the Ministry responsible for the external affairs of Malta
as may٫ from time to time٫ be designated by the Prime Minister.
Section ۱۱۳ [Benefits Law]
(۱) Subject to the provisions of section ۱۱۴ of this Constitution٫ the law
applicable to any benefits to which this section applies shall٫ in relation to
any person who has been granted٫ or who is eligible for the grant of such
benefits٫ be that in force on the relevant date or any later law that is not
less favourable to that
person.
(۲) In this section٫ "the relevant date" means -–-
(a) in relation to any benefits granted before the appointed day٫ the date on
which those benefits were granted;
(b) in relation to any benefits granted or to be granted on or after the
appointed day to or in respect of any person who was a public officer before
that date٫ the day before the appointed day; and
(c) in relation to any benefits granted or to be granted to or in respect of
any person who becomes a public officer on or after the appointed day٫ the date
on which he becomes a public officer.
(۳) Where a person is entitled to exercise an option as to which of two or more
laws shall apply in his case٫- the law for which he opts shall٫ for the
purposes of this section٫ be deemed to be more favourable to him than the other
law or laws.
(۴) Any benefit to which this section applies (not being a benefit that is a
charrrge upon some other public fund of Malta) shall be a charrrge upon the
Consolidated Fund.
(۵) This section applies to any benefits payable under any law providing for
the grant of pensions٫ gratuities or compensation to persons who are or have
been public officers in respect of their service in the public service or to
the widows٫ children٫ dependents or personal representatives of such persons in
respect of such service.
(۶) References to the law applicable to any benefits to which this section
applies include (without prejudice to their generality) references to any law
relating to the time at which and the manner in which any person may retire in
order to become eligible for those benefits.
(۷) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision whereby any benefits to which this section
applies are or may be reduced or withheld -–-
(a) until the person eligible therefor reaches the age of sixty years٫ or such
lower age as may be determined by or under a law٫ if such person is in receipt
of any income to which this subsection applies and such provision is made in
order that any such income together with any uncommuted benefits aforesaid do
not in the aggregate exceed such amount as may be determined by٫ under or in
accordance with any law٫ being an amount not less than the salary from time to
time payable in respect of the post held by such person on retirement٫ taking
account only٫ if such salary is incremental٫ of the corresponding increments
earned prior to retirement; or
(b) in order to ensure compliance with any legal requirements relating to any
of the purposes of paragraph (a) of this subsection; or
(c) if the person eligible therefor ceases to be a citizen of Malta.
(۸) The income to which subsection (۷) of this section applies is any
remuneration in respect of٫ or other income deriving from٫ any employment٫
work٫ service٫ office٫ trade٫ business٫ profession or vocation٫ or from any
pension٫ allowance٫ gratuity or similar payment in respect of any such
employment or other source of income.
Section ۱۱۴ [Reduction by Public Service Commission]
(۱) Where any benefits to which this section applies can be
withheld٫ reduced in amount or suspended by any person or authority under any
law those benefits shall not be so withheld٫ reduced in amount or suspended
without the concurrence of the Public Service Commission٫ unless such benefits
are reduced or withheld in accordance with any law referred to in subsection
(۷) of section ۱۱۳ of this Constitution.
(۲) The Public Service Commission shall not concur under subsection (۱) of this
section in action taken on the ground that any person who holds or has held any
of the offices referred to in sections ۹۱٫ ۹۵(۶)٫ ۱۰۰ and ۱۰۸ of this
Constitution has been guilty of misbehaviour unless he has been removed from
office by reason of such misbehaviour.
(۳) This section applies to any benefits payable under any law providing for
the grant of pensions٫ gratuities or compensation to persons who are or have
been public officers in respect of their service in the public service or to
the widows٫ children٫ dependents or personal representatives of such persons in
respect of such service.
Section ۱۱۵ [No Liability of Public Service Commission]
The question whether -–-
(a) the Public Service Commission has validly performed any function vested in
it by or under this Constitution;
(b) any member of the Public Service Commission or any public officer or other
authority has validly performed any function delegated to such member٫ public
officer or authority in pursuance of the provisions of subsection (۱) of
section ۱۱۰ of this Constitution; or
(c) any member of the Public Service Commission or any public officer or other
authority has validly performed any other function in relation to the work of
the Commission or in relation to any such function as is referred to in the
preceding paragraph٫
shall not be enquired into in any court.
Chapter XI Miscellaneous
Section ۱۱۶ [Individual Complaint Against Invalid Laws]
A right of action for a declaration that any law is invalid on any grounds
other than inconsistency with the provisions of sections ۳۳ to ۴۵ of this
Constitution shall appertain to all persons without distinction and a person
bringing such an action shall not be required to show any personal interest in
support of his action.
Section ۱۱۷ [Unlawful Associations]
(۱) It shall be unlawful to establish٫ maintain or belong to any association of
persons who are organised and trained or organised and equipped for the purpose
of enabling them to be employed for the use or display of physical force in
promoting any political objecttt.
(۲) The provisions of this section shall be enforced in such manner as may be
provided by Parliament.
Section ۱۱۸ [Broadcasting Authority]
(۱) There shall be a Broadcasting Authority for Malta which shall consist of a
chairman and such number of other members not being less than four as may be
prescribed by any law for
the time being in force in Malta.
(۲) The members of the Broadcasting Authority shall be appointed by the
President٫ acting in accordance with the advice of the Prime Minister given
after he has consulted the Leader of the Opposition.
(۳) A person shall not be qualified to hold office as a member of the
Broadcasting Authority if he is a Minister٫ a Parliamentary Secretary٫ a member
of٫ or candidate for election to٫ the House of Representatives٫ a member of a
local government authority or if he is a public officer.
(۴) A member of the Broadcasting Authority shall not٫ within a period of three
years commencing with the day on which he last held office or acted as a
member٫ be eligible for appointment to or to act in any public office.
(۵) Subject to the provisions of this section٫ the office of a member of the
Broadcasting Authority shall become vacant -–-
(a) at the expiration of five years from the date of his appointment or at such
earlier time as may be specified in the instrument by which he was appointed;
or
(b) if any circumstances arise that٫ if he were not a member of the Authority٫
would cause him to be disqualified for appointment as such.
(۶) A member of the Broadcasting Authority may be removed from office by the
President٫ acting in accordance with the advice of the Prime Minister٫ but he
may be removed only for inability to discharrrge the functions of his office
(whether arising from infirmity of mind or body or any other cause) or for
misbehaviour.
(۷) If the office of a member of the Broadcasting Authority is vacant or if a
member is for any reason unable to perform the functions of his office٫ the
President٫ acting in accordance with the advice of the Prime Minister٫ given
after he has consulted the Leader of the Opposition٫ may appoint a person who
is qualified to be appointed to be a member to be a temporary member of the
Authority; and any person so appointed shall٫ subject to the provisions of
subsections (۵) and (۶) of this section٫ cease to be such a member when a
person has been appointed to fill the vacancy or٫ as the case may be٫ when the
member who was unable to perform the functions of his office resumes those
functions.
(۸) In the exercise of its functions under section ۱۱۹(۱) of this Constitution
the Broadcasting Authority shall not be subject to the direction or control of
any other person or authority.
Section ۱۱۹ [Functions of Broadcasting Authority]
(۱) It shall be the function of the Broadcasting Authority to ensure that٫ so
far as possible٫ in such sound and television broadcasting services as may be
provided in Malta٫ due impartiality is preserved in respect of matters of
political or industrial controversy or relating to current public policy and
that broadcasting facilities and time are fairly apportioned between persons
belonging to different political parties.
(۲) The function of the Broadcasting Authority referred to in subsection (۱) of
this section shall be without prejudice to such other functions and duties as
may be conferred upon it by any law for the time being in force in Malta.
Section ۱۲۰ [Employment Commission]
(۱) There shall be an Employment Commission for Malta which shall consist of a
chairman and four other members.
(۲) The members of the Employment Commission shall be appointed by the
President who٫ in appointing the chairman shall act in accordance with the
advice of the Prime Minister given after he has consulted the Leader of the
Opposition٫ in appointing two of the four other members shall act in accordance
with the advice of the Prime Minister٫ and in appointing the other two members
shall act in accordance with the advice of the Leader of the Opposition.
(۳) A person shall not be qualified to hold office as a member of the
Employment Commission if he is a Minister٫ a Parliamentary Secretary٫ a member
of٫ or a candidate for election to٫ the House of Representatives٫ a member of a
local government authority٫ or if he is a public officer.
(۴) A member of the Employment Commission shall not٫ within a period of three
years commencing with the day on which he last held office or acted as a
member٫ be eligible for appointment to or to act in any public office.
(۵) Subject to the provisions of this section٫ the office of a member of the
Employment Commission shall become vacant -–-
(a) at the expiration of three years from the date of his appointment; or
(b) if any circumstances arise that٫ if he were not a member of the Commission٫
would cause him to be disqualified for appointment as such.
(۶) A member of the Employment Commission may be removed from office by the
President٫ acting in accordance with the advice of the holder of the office on
whose advice such member was appointed٫ given٫ where applicable٫ as provided in
subsection (۲) of this section٫ but such member may be removed only for
inability to discharrrge the functions of his office (whether arising from
infirmity of mind or body or any other cause) or for misbehaviour.
(۷) If the office of a member of the Employment Commission is vacant or if a
member is for any reason unable to perform the functions of his office٫ the
President٫ acting in accordance with the advice of the holder of the office on
whose advice such member was appointed٫ given٫ where applicable٫ as provided in
subsection (۲) of this section٫ may appoint a person who is qualified to be
appointed to be a member to be a temporary member of the Commission; and any
person so appointed shall٫ subject to the provisions of subsections (۵) and (۶)
of this section٫ cease to be such a member when a person has been appointed to
fill the vacancy or٫ as the case may be٫ when the member who was unable to
perform the functions of his office resumes those functions.
(۸) It shall be the function of the Employment Commission to ensure that٫ in
respect of employment٫ no distinction٫ exclusion or preference that is not
justifiable in a democratic society is made or given in favour or against any
person by reason of his political opinions.
(۹) Any person who alleges that any distinction٫ exclusion or preference as
aforesaid has been made or given to his prejudice may apply to the Employment
Commission٫ in such manner and within such time as may be prescribed٫ for
redress.
(۱۰) Parliament shall make provision conferring upon the Employment Commission
such powers as are necessary or desirable for the purpose of enabling the
Commission ;effectively to afford adequate redress and generally to carry
out its function under this Constitution.
Section ۱۲۱ [Other Commissions]
(۱) Any Commission established by this Constitution may٫ with the consent of
the Prime Minister or such other Minister as may be authorised in that behalf
by the Prime Minister by regulation or otherwise regulate its own procedure and
confer powers and impose duties on any public officer or authority of the
Government of Malta for the purpose of the discharrrge of its functions.
(۲) Any Commission established by this Constitution may act notwithstanding any
vacancy in its membership or the absence of any member and any proceedings
thereof shall be valid notwithstanding that some person who was not entitled so
to do took part therein.
(۳) Any question proposed for decision at any meeting of any Commission
established by this Constitution shall be determined by a majority of the votes
of all the members thereof٫ and if on any such question the votes are equally
divided the member presiding shall have and exercise a casting vote.
(۴) For the purposes of subsection (۳) of this section٫ the references to a
member of the Electoral Commission shall be construed as including a reference
to the Chairman of that Commission.
(۵) The provisions of this section shall apply to the Broadcasting Authority
established by this Constitution.
Section ۱۲۲ [Right to Resignation]
(۱) Any person who is appointed٫ elected or otherwise selecttted to any office
established by this Constitution (including the office of the Prime Minister or
other Minister or Parliamentary Secretary) may resign from that office by
writing under his hand addressed to the person or authority by whom he was
appointed٫ elected or selecttted.
(۲) The resignation of any person from any such office as aforesaid shall take
effect when the writing signifying the resignation is received by the person or
authority to whom it is addressed or by any person authorised by that person or
authority to receive it.
Section ۱۲۳ [Re-Appointment]
(۱) Where any person has vacated any office established by this Constitution
including the office of Prime Minister or other Minister or Parliamentary
Secretary٫ he may٫ if qualified٫ again be appointed٫ elected or otherwise
selecttted to hold that office in accordance with the provisions of this
Constitution.
(۲) Subsection (۱) of this section shall not apply to the office of President٫
but shall apply to a person appointed to perform the functions of President in
accordance with section ۴۹ of the Constitution.
(۳) Where by this Constitution a power is conferred upon any person or
authority to make any appointment to any public office٫ a person may be
appointed to that office notwithstanding that some other person may be holding
that office٫ when that other person is on leave of absence pending
relinquishment of the office; and where two or more persons are holding- the
same office by reason of an appointment made in pursuance of this subsection٫
then for the purposes of any function conferred upon the holder of that office
the person last appointed shall be deemed to be the sole holder of the office.
Section ۱۲۴ [Definitions]
(۱) In this Constitution٫ unless the context otherwise requires -–-
"Act of Parliament" means any law made by Parliament;
"the appointed day" means ۲۱st September ۱۹۶۴;
"the Cabinet" means the Cabinet established by section ۷۹ of this Constitution;
"the Commonwealth" means Malta٫ any country to which section ۲۸ of this
Constitution applies and any dependency of any such country;
"the Consolidated Fund" means the Consolidated Fund established by section ۱۰۲
of this Constitution;
"Constitutional Court" means the Constitutional Court established by section ۹۵
of this Constitution;
"financial year" means the period of twelve months ending on the thirty-first
day of December in any year or on such other date as may be prescribed by
Parliament;
"Gazette" means the Malta Government Gazette or any other official journal
substituted therefor published by order of the Government of Malta;
"House" means the House of Representatives established by section ۵۱ of this
Constitution;
"law" includes any instrument havinggg the force of law and any unwritten rule
of law and "lawful" and "lawfully" shall be construed accordingly;
"Malta" means the Island of Malta٫ the Island of Gozo and the other island of
the Maltese Archipelago٫ including the territorial waters thereof;
"oath of allegiance" means the oath of allegiance set out in the Third Schedule
to this Constitution or such other oath as may be prescribed by Parliament;
"Parliament" means the Parliament of Malta;
"public office" means an office of emolument in the public service;
"public officer" means the holder of any public office or a person appointed to
act in any such office;
"the public service" means٫ subject to the provisions of subsections (۲) and
(۳) of this section٫ the service of the Government of Malta in a civil
capacity;
"session" means the sittings of the House of Representatives beginning when it
first meets after the commencement of this Constitution or after the
prorogation or dissolution of Parliament at any time and terminating when
Parliament is prorogued or is dissolved without havinggg been prorogued;
"sitting" means a period during which the House of Representatives is sitting
continuously without adjournment and includes any period during which the House
is in committee;
"the Speaker" and "Deputy Speaker" mean respectively the Speaker and the l:)
Deputy Speaker elected under section ۵۹ of this Constitution.
(۲) In this Constitution٫ unless the context otherwise requires٫ "the public
service" includes service in the office of judge of the Superior Courts٫
service in the office of magistrate of the Inferior Courts and service in the
office of a member of the Malta Police Force.
(۳) In this Constitution "the public service" does not include service in the
office of -–-
(i) Prime Minister or other Minister٫ a Parliamentary Secretary٫ Speaker٫
Deputy Speaker٫ a member of the House of Representatives٫ a member of a
Commission established by this Constitution;
(ii) save where the holder of the office is selecttted from the public
service٫ an Ambassador٫ High Commissioner or other principal representative of
Malta in any other country; or
(iii) save in so far may be prescribed by Parliament٫ a member of any council٫
board٫ panel٫ committee or other similar body established by or under any law.
(۴) For the purposes of this Constitution a person shall not be regarded as
holding a public office by reason only of the feet that he is in receipt of a
pension or other like allowance in respect of public service.
(۵) In this Constitution٫ unless the context otherwise requires -–-
(a) a reference to an appointment to any office shall be construed as including
a reference to an appointment on promotion or transfer to that office and to
the appointment of a person to perform the functions of that office during any
period during which it is vacant or during which the holder thereof is on
vacation or unable (whether by reason of absence or infirmity of body or mind
or any other cause) to perform those functions; and
(b) a reference to the holder of an office by the term designating his office
or by reference to the provision of this Constitution establishing that office
shall be construed as including a reference to any person for the time being
lawfully performing the functions of that office.
(۶) Where power is vested by this Constitution in any person or authority to
appoint any person to act in or perform the functions of any office if the
holder thereof is himself unable to perform those functions٫ no such
appointment shall be called in question on the ground that the holder of the
office was not unable to perform those functions.
(۷) References in this Constitution to the power to remove a public officer
from his office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the
public service:
Provided that -–-
(a) nothing in this subsection shall be construed as conferring on any person
or authority power to require any person holding any of the offices referred to
in sections ۹۱٫ ۹۵(۶)٫ ۱۰۰ or ۱۰۸ of this Constitution to retire from the
public service; and
(b) the provisions of this subsection shall not apply to any power conferred by
any law to permit a person to retire from the public service where that person
has requested permission to retire from the public service on proved medical
grounds.
(۸) Any provision in this Constitution that vests in any person or authority
power to remove any public officer from his office shall be without prejudice
to the power of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or any
class of public officers on attaining an age specified therein.
(۹) Where any power is conferred by this Constitution to make any proclamation٫
order٫ rules or regulations or to give any directions or to make any
designation٫ the power shall be construed as including a power٫ exercisable in
like manner٫ to amend or revoke any such proclamation٫ order٫ rules٫
regulations٫ directions or designation.
(۱۰) No provision of this Constitution that any person or authority shall not
be subject to the direction or control of any other person or authority in
exercising any functions under this Constitution shall be construed as
precluding a court from exercising jurisdiction in relation to any question
whether that person or authority has performed those functions in accordance
with this Constitution or any other law.
(۱۱) Where a person is required by this Constitution to make an oath he shall
be permitted٫ if he so desires٫ to comply with that requirement by making an
affirmation.
(۱۲) Any reference in this Constitution to a law made before the commencement
of this Constitution shall٫ unless the context otherwise requires٫ be construed
as a reference to that law as in force immediately before the appointed day.
(۱۳) Any reference in this Constitution to a law that amends or replaces any
other law shall be construed as including a reference to a law that modifies٫
re-enacts with or without amendment or modification٫ or makes different
provisions in lieu of that other law.
(۱۴) Where Parliament has by law provided for the interpretation of Acts of
Parliament٫ the provisions of any such law٫ even if expressed to apply to laws
passed after the commencement thereof٫ shall apply for the purposes of
interpreting this Constitution٫ and otherwise in relation thereto٫ as they
apply for the purpose of interpreting and otherwise in relation to Acts of
Parliament as if this Constitution were an Act of Parliament passed after the
commencement of any such law as aforesaid:
Provided that٫ until such time as Parliament has made provision as aforesaid٫
the law applicable for the interpretation of this Constitution and otherwise in
relation thereto shall be the law which was applicable for that purpose on the
appointed day.