S.L. 12.9 · Court Practice And Procedure (S.L. 12.9)
S.L. 12.9 Art. 3Contents of application under articles 46 and 95 of the Constitution and article 4(1) of the European Convention Act.
(1) (a) An application before the Civil Court, First Hall shall state concisely and clearly the facts out of which the complaint arises and shall indicate the provision or provisions of the Constitution of
Malta or the European Convention for the Protection of Human Rights and Fundamental Freedoms or of the Charter of Fundamental Rights of the European Union alleged to have been, to be or likely to be contravened.
(b) The complaint shall be directed against any person accused of violating the provisions of the Constitution of Malta, the European Convention for the Protection of Human Rights and Fundamental Freedoms or of the Charter of Fundamental Rights of the European Union.
(c) In the event that the complaint is about the operation of a law, this shall also be directed against the State Advocate and the person availing himself of the challenged law.
(d) If the complaint concerns the actions of any judicial body established by law, then such complaint shall be directed against the State Advocate and against the party involved in the proceedings of the judicial body in question.
(2) The application shall also specify the redress sought by the applicant:
Provided that it shall be lawful for the court, if the application is allowed, to give any other redress within its jurisdiction which it may consider to be more appropriate.
(3) In cases referred to in article 95(2)(a) of the Constitution of Malta, the application before the Constitutional Court shall state clearly and concisely the circumstances out of which the question arises, the demand and the provision or provisions of the Constitution or of any other law on which the applicant relies.
(4) In cases referred to in article 95(2)(c), (d), (e) and (f) of the Constitution of Malta, the application shall state clearly and concisely the circumstances out of which the appeal arises, the reasons of appeal and the prayer for the reversal or a specific variation of the decision appealed from.
(5) Default of compliance in the application with the requirements of sub-rules (1), (2), (3) and (4) shall not render the application null; but the court may, in any such case, order the applicant to file, within such time as the court shall fix, a note containing the particulars required and the costs of such order shall be borne by the applicant.
Wijzigingsgeschiedenis
- Amended by L.N. 238 of 2025
Verwijst naar
- S.L. 12.9 Art. 95