S.L. 12.9 Art. 5Reference of questions.

(1) (a) Any order of reference submitted to the Constitutional

Court under article 56 of the Constitution of Malta, or to the Civil

Court, First Hall under article 46(3) of the Constitution of Malta and article 4(3) of the European Convention Act shall state concisely and clearly the facts and the circumstances out of which the question arises, the terms of such question, the questions which need to be answered and indicate the provision or provisions of the Constitution of Malta or of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as the case may be, allegedly contravened.

(b) The order of reference may be returned without a response if it does not meet the requirements specified in this rule.

(2) When any such reference has been made, it shall be the duty of the Registrar, Civil Courts and Tribunals or of the Registrar, Civil Courts and Tribunals, Gozo, as applicable, to ensure not only that the record of the proceedings or any authenticated copy thereof is brought before the court to which the reference is made without any delay and with urgency but shall also ensure that a copy of the order of reference is served on the parties involved and on the State Advocate, who shall have twenty days from date of service to file their written submissions regarding the order of reference.

(3) The court receiving the order of reference shall schedule a hearing for a date not later than one month after the parties and the State Advocate have been served with the order of reference. The Registrar, Civil Courts and Tribunals or the Registrar, Civil Courts and Tribunals, Gozo, as applicable, shall ensure that the notice of hearing is served on the parties and the State Advocate.

(4) The role of the court receiving the order of reference is not to hear evidence but solely to respond to the questions posed by the referring court.

(5) Nothing prevents the court receiving the reference from making any additional observations that it considers relevant to provide a thorough response to the questions posed, even by raising issues as long as the parties and the State Advocate are ex officio, given the right to make submissions on those issues raised ex officio.

(6) Appeals submitted to the Constitutional Court regarding a decision delivered by the Civil Court, First Hall, following an order of reference made in accordance with article 46(3) of the Constitution of Malta or article 4(3) of the European Convention

Act shall be filed within thirty days from the date of the appealed decision.

(7) Any reply to the appeal and cross-appeal shall be made within thirty days of service of the appeal application.

(8) The party receiving the cross-appeal shall be entitled to reply thereto within thirty days of service.