COMMISSION FOR THE ADMINISTRATION OF JUSTICE (ELECTION OF MEMBERS) RULES

COMMISSION FOR THE ADMINISTRATION OF

[ S.L.Const.04

JUSTICE (ELECTION OF MEMBERS)

SUBSIDIARY LEGISLATION CONST.04

COMMISSION FOR THE ADMINISTRATION OF

JUSTICE (ELECTION OF MEMBERS) RULES

3rd May, 1994

LEGAL NOTICE 52 of 1994, as amended by Legal Notices 330 of 2017.

The title of these Rules is Commission

for

the

Administration of Justice (Election of Members) Rules.

Where the President of Malta makes a call for the elections

as contemplated in paragraph (c) of sub-article (5) of article 101A

of the Constitution of 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 the two judges of the superior courts shall

be conducted as follows

(a) the Chief Justice and each judge shall have one vote;

(b) the Chief Justice and each judge may vote for one

candidate;

(c) 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

Commission. If only one of the said two candidates

receives one-third plus one of valid votes cast only that

candidate shall be declared elected;

(d) in the event that the share one-third plus one of valid

vo tes cast is not achieved b y th e two can didates

obtaining the highest number of votes or by any one of

them the election in respect of any unfilled vacancy on

the Commission 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 be deemed to have been elected members of the commission.

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 the two magistrates, so however that, in that

meeting, the Chief Justice, who will preside and conduct the

election, will not be entitled to vote.