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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 242Notice as to validity of laws.

Title VI

Van krachtOfficiële tekst

(1) When a court, by a judgment which has become res declares any instrument having the force of law or any judicata, provision thereof to run counter to any provision of the

Constitution of Malta or to any human right or fundamental freedom set out in the First Schedule to the European Convention

Act, or to be the registrar shall send a copy of the said ultra vires, judgment to the Speaker of the House of Representatives, who shall during the first sitting of the House following the receipt of such judgment inform the House of such receipt and lay a copy of the judgment on the table of the House.

(2) Where there has been a judgment as is mentioned in sub-article (1) the Prime Minister may, within the period of six months from the date that the judgment has become and to the res judicata extent necessary in his opinion to remove any inconsistency with the Constitution of Malta or with the relevant human right or fundamental freedom set out in the First Schedule to the European Convention Act as declared in the said judgment, make regulations deleting the relevant instrument or any provision thereof declared to run counter to the Constitution or the First Schedule to the European Convention Act as mentioned in sub-article (1).

Wijzigingsgeschiedenis
  • Amended by XI.2006.3