Home > 5.3 Validity of the question > MALTA - Referenda Act
 
 
 
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Article 16
 

(1) Any person registered as a voter for the election of members of the House of Representatives and the Attorney General on behalf of the Government may, within three months from the publication of the notice referred to in article 14, file an application in the registry of the Constitutional Court, requesting the said court to declare that the referendum should not take place on the grounds that –


(a) the number of persons stated by the Electoral Commission to have validly signed the declaration is less than that established in article 14(1); or


(b) the provision of the enactment referred to in the declaration is one to which the provisions of this Part of this Act do not apply in accordance with article 13(2); or


(c) were the provisions of the enactment referred to in the declaration not to continue to apply, the law would be incompatible with any of the provisions of the Constitution or of the European Convention Act; or


(d) the time fixed in article 20(2) before the declarations requesting the referendum may be made had not elapsed when the declarations were filed with the Electoral Commission.


(2) No person making an application in accordance with subarticle (1) shall be required to show any personal interest in support of his action.


(3) Any application filed in accordance with sub-article (2), shall be served on –


(a) the Prime Minister;


(b) the Leader of the Opposition;


(c) the proposers of the referendum; and


(d) any other person making an application in accordance with sub-article (1).


(4) Every person served with an application in accordance with sub-article (3) shall have a right to file a reply in the registry of the Constitutional Court within one month from service, and such replies shall be served on the persons referred to in sub-article (3)(a) to (d) within ten days of filing.


(5) For the purpose of this article service shall be effected by the delivery by registered mail of the document to be served, and shall be deemed to have been so made two days after posting the document to be served in an envelope addressed in the case of the Prime Minister and the Leader of the Opposition at the office of the Clerk of the House of Representatives, in the case of the proposers at the address indicated by them in the declaration and in the case of a person making an application in accordance with sub-article (1), at the address shown in the application.