COMMITTEE FOR JUDGES AND MAGISTRATES (ELECTION OF MEMBERS) REGULATIONS

COMMITTEE FOR JUDGES AND MAGISTRATES

[ S.L.Const.06

(ELECTION OF MEMBERS)

SUBSIDIARY LEGISLATION CONST.06

COMMITTEE FOR JUDGES AND MAGISTRATES

(ELECTION OF MEMBERS) REGULATIONS

24th November, 2017

LEGAL NOTICE 329 of 2017.

The title of these regulations is the Committee for

Judges and Magistrates (Election of Members) Regulations.

Where the Commission for the Administration of Justice

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

and Magistrates established by article 101B 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 two judges of the Superior Courts shall

be conducted as follows

(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.

COMMITTEE FOR JUDGES AND MAGISTRATES

[ S.L.Const.06

(ELECTION OF MEMBERS)

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.