CHAPTER V
The President
Establishment of
the office of
President.
Substituted by:
LVIII.1974.18.
*48.
(1) There shall be a
President of Malta who shall be
appointed by Resolution of the House
of Representatives.
(2) A person shall not be qualified
to be appointed to the office
of President if -
28 CONSTITUTION OF MALTA
(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
articles 109, 118 and
120 of this Constitution.
(3) 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.
Discharge of
President’s
functions during
vacancy, etc.
Substituted by:
LVIII. 1974.18.
49.
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.
Oath to be taken by
the President.
Substituted by:
LVIII. 1974.18.
*50.
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
sub-article (1) of article 48 of this
Constitution shall take the oath
of office before the House.
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Index of the Constitution of Malta
See also:
Constitution of Malta Act, 1964
