52 tal-1994
Statutory Text (5 Articles)
L.N. 51 01 I'M
CONSTITtTrlON OF MALTA.
Conunlssion for ~ Adm.l~ of J PStb
(F..kdlon oIMtmben) RIlIrs, 19N
THE Presidenl of Malta approved the following Rules made in
accordance with subsedion (3) of section 10l.A of the Constitution by
the Rule Making Board refc~ to in section46 ot lhe Colllilitutioo and
oonslituled iD tcl'Tll$ of .section 29 of the Code of Organization and Civil
Procedure, Cap. 12.
I. 'These Rules may be cited as the Commission for the
Administration of Justice (Election of Members) Rules, 1994.
Where the President of Mall. makes a eaU for the clcc1ions as
contemplated in pMagraph (c) of subsection (~ofsectio!'l I 0 I A oflbe
Constitution of Malta, the Chief JuSlic:c shall within the available lime
Il'Icrcin IDCntioned, oonvcnc the necessary meetings of the Judges and
the Magi$tntcs, ~ th at the neees"ry elections may . sepa rately, lake
.~.
J. (a) The eJection of the two judges of the Superior Couru
shall be ronducted in weh manner that tlK:re iibalI rim be elected
one of the judges nominated for election, whoshalJ MV<' obtained
more than fifty per ~ nl of the votes.
(b) If no onc i$ thus elected, a second ballot shall be held
between the two candidates who shall have obtained the highest
Dumbe r of votes in the first ballot, by eliminating tho&e who shall
have obtai ned the least votes. lf tbere are more than !WO candidates
who have obtained the highest number of votes, then from among
tbe candidates who mall have obtained the least votes, howeve r in
equal numbe r, Ihereshall be ~Iiminated those who are ICMsenior in
appointment , and the ballot sh.:lIl thU$ be held between two
candidates so that one may be elected.
(e) Wllcn tile first member iselected, a seoond election shall
be held to ~Iect the scoond me mber and this shall be conducted in
the SItme manner as aforesaid .
Where at the start on ly two candidates are nominated , these
shall be deemed to have IJe<,n elected members of the Commission.
S. The meeting and the election shan be presided by the Okf
Justice IlIId the OOtlnting of votes sha ll he carried out by him, auiSled by
cme of tlle J udges, during the meeting and in the presence of the J udgel.
1l·laqgf!a u I-elezzjoni jilmeuew mill-Prim Iml'lallef u I·gl'ladd
!II1-voli jSiT minnu , assislil minn wiehed mill· lmhallfin, fil·laqgl'la u fil_
pretenUl la' Hml'lallfin.
The same I'\Iles aforesaid shall apply, muuuismUlQndis, for the
election uf the two Magistrates, so however Ihat, in th at meeting, the
Chief Justice, who will preside and conduct the election, will not be
entitled to vote.
Mi,boI$h O·b,_';'" lAI·o.co.
_
..... 0.. .. "_,.,.,....,, ,.,..
....... i< - I'r>or 1<