Home > 5.1 Nature of the referendum > MALTA - Referenda Act
 
 
 
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Article 17
 

(1) As soon as may be after the service of the replies referred to in article 16(3), the Constitutional Court shall, unless it considers that such hearing is not required as the applications and replies are sufficiently clear and do not require further submissions, fix a date for the hearing of submissions on the applications made to in accordance with article 16, and shall cause to be published by the Registrar a notice in the Gazette stating the place, time and date where the hearing is to be held.


(2) The notice referred to in sub-article (1) shall be published not later tan ten days before the date of the hearing and not later than one month after the service of the replies.


(3) On the date of the hearing all the persons served with a reply shall have a right to be present and make further submissions in favour or against any application made in accordance with article 16. In such submissions the Constitutional Court shall forbid anything that is merely a repetition of what is contained in the applications and the replies.


(4) The Constitutional Court shall hear all submissions on the day fixed for the hearing, and if there is not sufficient time on that date it shall adjourn the hearing to the next day, not being a Saturday, Sunday or a public holiday, and shall so continue hearing all submissions until all submissions have been made.


(5) After all submissions have been made in accordance with sub-article (4), the Constitutional Court shall adjourn the hearing of the applications to a date not later than one month when it shall deliver its decision.


(6) Where no date has been appointed for the hearing of submissions the Constitutional Court shall, within the time referred to in sub-article (2), cause to be published a date being not later than two months after the date of service of the replies, on which it shall deliver its decision.


(7) On the date fixed for the delivery of the decision the Constitutional Court shall decide whether any of the grounds for not holding of the referendum exists and if no such grounds exist it shall decree that the referendum may be held. Where the Constitutional Court decides that grounds exist for not holding the referendum such referendum shall not be held, and the Electoral Commission, upon the service of a copy of the judgment upon it, shall cause a notice to that effect to be published in the Gazette.