Regulations, 2017.

L.N. 329 of 2017

CONSTITUTION OF MALTA

Committee for Judges and Magistrates (Election of Members)

Regulations, 2017.

IN EXERCISE of the powers conferred by article 101B of the

Constitution, the Commission for the Administration of Justice has

made the following regulations

The title of these regulations is the Committee for Judges Citation.

and Magistrates (Election of Members) Regulations, 2017.

Where the Commission for the Administration of Justice Chief Justice to

makes a call for the election of members of the Committee for Judges convene

meetings of

and Magistrates established by article 101B of the Constitution of judges

magistrates.

Malta, the Chief Justice shall within the available time therein

mentioned, convene the necessary meetings of the judges and the

magistrates so that the necessary elections may separately take place.

The election of two judges of the Superior Courts shall be Election by

judges of the

conducted as follows

Superior Courts.

(a)

the Chief Justice and Judges who are members of

the Commission for the Administration of Justice shall not be

eligible to be candidates;

(b)

the Chief Justice and each judge shall have one vote;

(c)

the Chief Justice and each judge shall vote for one

candidate;

(d) the two candidates obtaining the highest number of

votes shall, provided that each of them shall have received the

votes of at least one-third plus one of the valid votes cast, be

declared elected members of the Committee. If only one of the

said two candidates receives one-third plus one of valid votes

cast only that candidate shall be declared elected;

(e)

in the event that the share one-third plus one of valid

votes cast is not achieved by the two candidates obtaining the

highest number of votes or by any one of them the election in

respect of any unfilled vacancy on the Committee for Judges

and Magistrates shall be repeated amongst all unelected

candidates and the requirement to obtain at least one-third plus

one of valid votes cast shall not apply to the said election.

Where at the start only two candidates are nominated,

these shall deemed to have been elected members of the Committee

for Judges and Magistrates.

The meeting and the election shall be presided by the Chief

Justice and the counting of votes shall be carried out by him, assisted

by one of the judges, during the meeting and in the presence of the

judges.

The same rules aforesaid shall apply mutatis mutandis , for

the election of two magistrates, so however that in that meeting the

Chief Justice, who will preside and conduct the election, shall not be

entitled to vote.

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