ACT No. XLIV of 2020 AN ACT to further amend the Constitution of Malta relative to the appointment of the President of Malta.

I assent.

(L.S.)

GEORGE VELLA

President

7th August, 2020

ACT No. XLIV of 2020

AN ACT to further amend the Constitution of Malta relative to the

appointment of the President of Malta.

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 Constitution of Malta Short title.

(Amendment No. 2) Act, 2020 and this Act shall be read and construed

as one with the Constitution of Malta hereinafter referred to as "the

Constitution".

Article 48 of the Constitution shall be amended as follows

Amendment of

article 48 of the

Constitution.

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) There shall be a President of Malta who shall be

appointed by Resolution supported by the votes of not less

than two-thirds of all the members of the House

Provided that notwithstanding the provisions of

sub-article (3)(a), if the Resolution is not supported by the

votes of not less than two-thirds of all the members of the

House, the person occupying the office of the President of

Malta shall, in any circumstance, remain in office until the

Resolution is supported by the votes of not less than two-

thirds of all the members of the House."; and

(b) paragraph (b) of sub-article (3) shall be substituted

by the following new paragraph

"(b) if the holder of the office is removed upon an

address by the House supported by the votes of not less

than two-thirds of all the members thereof and praying for

such removal on the grounds of proved inability to perform

functions of his office (whether arising from infirmity of

body or mind or any other cause) or proved misbehaviour

Provided that 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

the holder of the office under the provisions of this

paragraph.".

In sub-article (3) of article 78 of the Constitution,

immediately after the words "conferring functions" there shall be

added the words "on the President or".

In sub-article (1) of article 85 of the Constitution,

immediately after paragraph (e), there shall be added the following

new paragraph

"(f) in the exercise of the power conferred by this

Constitution to make appointment to any office under this

Constitution.".

Passed by the House of Representatives at Sitting No. 366 of the

29th July, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36