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Constitution of Malta Act, 1964

CONSTITUTION OF MALTA

CHAPTER IV

Fundamental Rights and Freedoms of the Individual

Fundamental rights

and freedoms of

the individual.

32. 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.

CONSTITUTION OF MALTA 11

Protection of right

to life.

33. (1) No person shall intentionally be deprived of his life

save in execution of the sentence of a court in respect of a criminal

offence under the law of Malta of which he has been convicted.

(2) 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 having

been deprived of his life in contravention of this article 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.

Protection from

arbitrary arrest or

detention.

34. (1) 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

charge;

(b) in execution 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 execution of the order of a court punishing him for

contempt of that court or of another court or tribunal

or in execution 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 execution 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

execution of the order of a court or before the House of

Representatives in execution of the order of that

House;

(f) upon reasonable suspicion of his having 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 is 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

12 CONSTITUTION OF MALTA

(j) for the purpose of preventing the unlawful entry of that

person into Malta, or for the purpose of effecting the

expulsion, extradition 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 extradition or removal as a convicted

prisoner from one country to another.

(2) 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 sub-article at the time of the person’s arrest or

detention, such provisions shall be complied with as soon as

practicable.

(3) Any person who is arrested or detained -

(a) for the purpose of bringing him before a court in

execution of the order of a court; or

(b) upon reasonable suspicion of his having 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 sub-article 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.

(4) Any person who is unlawfully arrested or detained by any

other person shall be entitled to compensation therefor from that

person.

(5) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article 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 (c ) of sub-article (2) of article 47 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.

(6) If any person who is lawfully detained by virtue only of

such a law as is referred to in the last foregoing sub-article 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.

CONSTITUTION OF MALTA 13

(7) On any review by a tribunal in pursuance of the last

foregoing sub-article of the case 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.

Protection from

forced labour.

35. (1) No person shall be required to perform forced labour.

(2) For the purposes of this article, 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 objections 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.

Protection from

inhuman treatment.

36. (1) No person shall be subjected to inhuman or degrading

punishment or treatment.

(2) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article to the extent that the law in question authorises the infliction

of any description of punishment which was lawful in Malta

immediately before the appointed day.

(3) (a) No law shall provide for the imposition of collective

punishments.

(b) Nothing in this sub-article 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.

Protection from

deprivation of

property without

compensation.

Amended by:

LVIII.1974.11.

37. (1) No property of any description shall be compulsorily

taken possession of, and no interest in or right over property of any

description shall be compulsorily acquired, except where provision

is made by a law applicable to that taking of possession or

acquisition -

14 CONSTITUTION OF MALTA

(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.

(2) Nothing in this article 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, charge, 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 execution of judgments 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 prescription, derelict

land, treasure trove, mortmain or the rights of

CONSTITUTION OF MALTA 15

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 description 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.

(3) Nothing in this article 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.

(4) Nothing in this article 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.

Protection for

privacy of home or

other property.

38. (1) 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.

(2) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article 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

16 CONSTITUTION OF MALTA

premises by such order, or that is necessary for the

purpose of preventing or detecting criminal offences,

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.

Provisions to

secure protection

of law.

39. (1) Whenever any person is charged with a criminal

offence he shall, unless the charge is withdrawn, be afforded a fair

hearing within a reasonable time by an independent and impartial

court established by law.

(2) 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 case shall be

given a fair hearing within a reasonable time.

(3) 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.

(4) Nothing in sub-article (3) of this article shall prevent any

court or any authority such as is mentioned in that sub-article 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.

(5) Every person who is charged 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 sub-article to the extent that the law in

question imposes upon any person charged as aforesaid the burden

of proving particular facts.

CONSTITUTION OF MALTA 17

(6) Every person who is charged 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

charged;

(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 case 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 charge,

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.

(7) 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.

(8) 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 description

than the maximum penalty which might have been imposed for that

offence at the time when it was committed.

(9) 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 sub-article by reason

18 CONSTITUTION OF MALTA

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.

(10) No person who is tried for a criminal offence shall be

compelled to give evidence at his trial.

(11) In this article "legal representative" means a person

entitled to practise 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.

Protection of

freedom of

conscience and

worship.

Amended by:

LVIII. 1974.12.

40. (1) All persons in Malta shall have full freedom of

conscience and enjoy the free exercise of their respective mode of

religious worship.

(2) 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,

objection 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 objects thereto:

Provided that no such requirement shall be held to be

inconsistent with or in contravention of this article 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.

(3) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of subarticle

(1), 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.

Protection of

freedom of

expression.

41. (1) 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 opinions 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.

(2) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of subarticle

(1) of this article to the extent that the law in question makes

provision -

CONSTITUTION OF MALTA 19

(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.

(3) 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 twentyone

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.

(4) 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.

(5) No person shall be deprived of his citizenship under any

provisions made under article 30(1) (b) of this Constitution or of

his juridical capacity by reason only of his political opinions.

Protection of

freedom of

assembly and

association.

Amended by:

LVIII.1974.13.

42. (1) 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 unions or

associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article to the extent that the law in question makes provision -

20 CONSTITUTION OF MALTA

(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.

(3) For the purposes of this article, 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.

Prohibition of

deportation.

Amended by:

LVIII.1974.14.

43. (1) Extradition is only permitted in pursuance of

arrangements made by treaty and under the authority of a law.

(2) No person shall be extradited for an offence of a political

character.

(3) 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 article 44(3) (b) of this Constitution.

Cap. 276. (4) The provisions made by or under the Extradition Act*, 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 sub-article (1)

of this article, to be arrangements made by treaty, and sub-article

(2) shall not apply in relation to the removal or extradition of a

person under such provisions or arrangements.

Protection of

freedom of

movement.

Amended by:

XIII. 2001.2.

44. (1) No citizen of Malta shall be deprived of his freedom of

movement, and for the purpose of this article 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.

(2) 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 article.

(3) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article 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

*This Act has replaced the Extradition (Commonwealth Countries) Act, 1970.

CONSTITUTION OF MALTA 21

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 article 3(1) or of article 5(1) of the

Maltese Citizenship Act as in force upon the coming

into force of the Maltese Citizenship (Amendment)

Act, 2000;

(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.

(4) For the purposes of this article, any person -

(a) who has emigrated from Malta (whether before, on or

after the appointed day) and, having been a citizen of

Malta by virtue of article 3(1) or of article 5(1) of the

Maltese Citizenship Act as in force upon the coming

into force of the Maltese Citizenship (Amendment)

Act, 2000, has ceased to be such a citizen; or

(b) who emigrated from Malta before the appointed day

and, but for his having ceased to be a citizen of the

United Kingdom and Colonies before that day, would

have become a citizen of Malta by virtue of article 3(1)

of the Maltese Citizenship Act as in force upon the

coming into force of the Maltese Citizenship

(Amendment) Act, 2000; or

(c)* who is the spouse of a person mentioned in paragraph

(a) or (b) of this sub-article or of a person who is a

citizen of Malta by virtue of article 3(1) or of article

5(1) of the Maltese Citizenship Act as in force upon

the coming into force of the Maltese Citizenship

(Amendment) Act, 2000, and who has been married to

that person for at least five years and is living with that

person, or is the child under twenty-one years of age of

such a person; or

(d) who is the widow or the widower of a person

mentioned in paragraph (a) or paragraph (b) of this

subarticle or of a person who at the time of his or her

death was a citizen of Malta by virtue of article 3(1) or

of article 5(1) of the Maltese Citizenship Act as in

force upon the coming into force of the Maltese

*see article 5 of Act XIII of 2001.

22 CONSTITUTION OF MALTA

Citizenship (Amendment) Act, 2000, and who was still

living with him or her at the time of his or her death

and had been married to that person for at least five

years or who would, but for the death of that person,

have been so married for at least five years, 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 article 3(1) or

of article 5(1) of the Maltese Citizenship Act as in force upon the

coming into force of the Maltese Citizenship (Amendment) Act,

2000:

Provided that if the Minister responsible for matters

relating to Maltese citizenship at any time by order declares that it

is contrary to the public interest that a spouse as is mentioned in

paragraph (c), or a widow or widower as is mentioned in paragraph

(d), or a child over eighteen years of age as is mentioned in

paragraph (c) or (d) is to be so deemed, or to continue to be so

deemed, such spouse, widow, widower or child, as the case may be,

shall thereupon cease to be deemed to be a citizen of Malta as

aforesaid:

Provided further that the Minister responsible for matters

relating to Maltese citizenship shall not be required to assign any

reason for the issue of any order referred to in the immediately

preceding proviso, and the decision of the Minister on any such

order shall not be subject to appeal to or review in any court.

(5) If any person whose freedom of movement has been

restricted by virtue of such a provision as is referred to in subarticle

(3)(a) of this article 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 sub-article unless he has first obtained the

consent of the Civil Court, First Hall.

(6) On any review by a tribunal in pursuance of this article 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.

Protection from

discrimination on

the grounds of

race, etc.

Amended by:

LVIII. 1974.15;

XIX. 1991.3.

45. (1) Subject to the provisions of sub-articles (4), (5) and

(7) of this article, no law shall make any provision that is

discriminatory either of itself or in its effect.

(2) Subject to the provisions of sub-articles (6), (7) and (8) of

this article, no person shall be treated in a discriminatory manner

CONSTITUTION OF MALTA 23

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.

(3) In this article, the expression "discriminatory" means

affording different treatment to different persons attributable

wholly or mainly to their respective descriptions by race, place of

origin, political opinions, colour, creed or sex whereby persons of

one such description are subjected to disabilities or restrictions to

which persons of another such description are not made subject or

are accorded privileges or advantages which are not accorded to

persons of another such description.

(4) Sub-article (1) of this article 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 hereinbefore specified;

or

(d) whereby persons of any such description as is

mentioned in sub-article (3) of this article may be

subjected to any disability or restriction or may be

accorded any privilege or advantage which, having

regard to its nature and to special circumstances

pertaining to those persons or to persons of any other

such description 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 sub-article 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

description by sex.

(5) Nothing contained in any law shall be held to be

inconsistent with or in contravention of sub-article (1) of this

article 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.

24 CONSTITUTION OF MALTA

(6) Sub-article (2) of this article 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 sub-article (4)

or (5) of this article.

(7) Nothing contained in or done under the authority of any law

shall be held to be inconsistent with or in contravention of this

article to the extent that the law in question makes provision (not

being provisions specifically relating to sex) whereby persons of

any such description as is mentioned in sub-article (3) of this

article may be subjected to any restriction on the rights and

freedoms guaranteed by articles 38, 40, 41, 42 and 44 of this

Constitution, being such a restriction as is authorised by article

38(2), 40(2), 41(2), 42(2) or 44(3).

(8) Nothing in sub-article (2) of this article 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.

(9) 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 article.

(10) Until the expiration of a period of two years commencing

on the lst July, 1991, nothing contained in any law made before the

1st July, 1991, shall be held to be inconsistent with the provisions

of this article, in so far as that law provides for different treatment

to different persons attributable wholly or mainly to their

respective description by sex.

(11) Nothing in the provisions of this article 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.

Enforcement of

protective

provisions.

Amended by:

LVIII.1974.16.

46. (1) Subject to the provisions of sub-articles (6) and (7) of

this article, any person who alleges that any of the provisions of

articles 33 to 45 (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.

(2) The Civil Court, First Hall, shall have original jurisdiction

to hear and determine any application made by any person in

pursuance of sub-article (1) of this article, 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 articles 33 to 45

(inclusive) to the protection of which the person concerned is

CONSTITUTION OF MALTA 25

entitled:

Provided that the Court may, if it considers it desirable so

to do, decline to exercise its powers under this sub-article 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.

(3) 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 articles 33

to 45 (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 sub-article and, subject to

the provisions of sub-article (4) of this article, the court in which

the question arose shall dispose of the question in accordance with

that decision.

(4) Any party to proceedings brought in the Civil Court, First

Hall, in pursuance of this article shall have a right of appeal to the

Constitutional Court.

(5) No appeal shall lie from any determination under this

article that any application or the raising of any question is merely

frivolous or vexatious.

(6) 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 article as are necessary or

desirable for the purpose of enabling the Court more effectively to

exercise the jurisdiction conferred upon it by this article.

(7) Rules of Court making provision with respect to the

practice and procedure of the Courts of Malta for the purposes of

this article may be made by the person or authority for the time

being having 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.

Interpretation of

Chapter IV.

Amended by:

LVIII. 1974.17;

XIX.1991.4.

47. (1) 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 articles 33 and 35

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;

26 CONSTITUTION OF MALTA

"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.

(2) 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.

(3) (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.

(4) A resolution such as is referred to in paragraph (c) of subarticle

(2) of this article 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.

CONSTITUTION OF MALTA 27

(5) 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 articles 33, 35 and 36.

(6) 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.

(7) Until the expiration of a period ending on the 30th June,

1993, 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 articles 33 to 45 (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 articles.

(8) Where any provision of law enacted before the appointed

day is held to be inconsistent with any of the provisions of articles

33 to 45 (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.

(9) Nothing in article 37 of this Constitution shall affect the

operation of any law in force immediately before 3rd March 1962

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

sub-article) 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 article 37(1) of this

Constitution.

Substituted by:

LVIII. 1974.18.

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