ATT Nru. IX ta’ l-2006 ACT No. IX of 2006 ATT ma]ru[ b’li[i mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,940, 7 ta’ Lulju, 2006

Taqsima A

MALTA

ATT Nru. IX ta’ l-2006

ACT No. IX of 2006

ATT ma]ru[ b’li[i mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jemenda l-Att dwar il-

AN ACT to amend the European

Konvenzjoni Ewropea, Kap. 319.

Convention Act, Cap. 319.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

7th July, 2006

ACT No. IX of 2006

An Act to amend the European Convention Act, Cap. 319.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives in this present Parliament

assembled and by the authority of the same as follows>

The short title of this Act is the European Convention Short title.

(Amendment) Act, 2006 and it shall be read and construed as one with

the European Convention Act, hereinafter referred to as “the principal

Immediately after article 6 of the principal Act there shall be Addition of

new article to

added the following new article>

the principal Act.

Where by a final judgment in a case against Malta

the European Court of Human Rights finds that any instrument

having the force of law in Malta or any provision thereof is

inconsistent with the Human Rights and Fundamental

Freedoms, the Prime Minister may, within the period of six

months from the date that the judgment becomes final and to

the extent necessary in his opinion to remove the

inconsistency, make regulations deleting any such instrument

or provision found to be inconsistent as aforesaid .

3. Article 242 of the Code of Organization and Civil Procedure

shall be amended as follows>

(a) the present provision shall be re-numbered as sub-article

(1) and for the words “any provision of any law” therein there

shall be substituted the words “any instrument having the force of

law or any provision thereof”< and

(b) immediately after sub-article (1) as renumbered there

shall be inserted the following new sub-article>

“(2) Where there has been a judgment as is mentioned

in sub-article (1) the Prime Minister may, within the period

of six months from the date that the judgment has become res

judicata and to the extent necessary in his opinion to remove

any inconsistency with the Constitution of Malta or with the

relevant human right or fundamental freedom set out in the

First Schedule to the European Convention Act as declared

in the said judgment, make regulations deleting the relevant

instrument or any provision thereof declared to run counter

to the Constitution or the First Schedule to the European

Convention Act as mentioned in sub-article (1).”.

Passed by the House of Representatives at Sitting No. 408 of 4th July, 2006.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives