Court dismisses ADPD case on allocation of additional parliamentary seats

Chairperson Sandra Gauci confirmed the ADPD will lodge an appeal from a court decision which dismissed the pleas made by the party in a constitutional action challenging the manner in which additional seats were allocated to the two main political parties following the 2022 general election.

The First Hall of the Civil Court rejected all pleas made by ADPD, in a judgment raising several legal points of interest.

In its application, ADPD argued that Maltese electoral laws give rise to discrimination against smaller parties. In particular, reference was made to those provisions which provide that the allocation of additional parliamentary seats to reflect proportionality with votes applies solely to those parties which would already be represented in parliament.

The recent mechanism referring to the allocation of additional seats for the under-represented sex, which only comes into play if two parties are elected in a general election, was also criticised as being discriminatory against smaller parties not being the two traditional parties elected to parliament. 

In its judgment, the Court noted that no provision of the Constitution could be deemed to be inconsistent with, or in breach of, another article of the same Constitution. Indeed, the so-called supremacy of the Constitution which affords primacy to the Constitution where any other law conflicts with it, makes no reference to the possibility of inconsistencies between different articles of the same Constitution. Thus, no article of the Constitution could be deemed to be inconsistent with another article thereof.

Through its press release, ADPD expressed particular disagreement with this part of the judgment, with deputy leader Carmel Cacopardo commenting that ‘every part of the Constitution which conflicts with human rights remains dubious as regards its validity’.

The Court also noted that whilst ordinary legislation is subject to the European Convention on Human Rights, the Constitution of Malta is not so.

References made by ADPD to the provisions of the Charter of Fundamental Rights of the European Union were also discarded, with the Court noting that the Charter could not be invoked in the proceedings at hand.

Decision will not discourage ADPD – Sandra Gauci

Whilst Chairperson Gauci noted that the decision is not what she had hoped for, especially in light of the 50th anniversary of the Maltese Republic, the party will continue to work in favour of all citizens and their right to be represented. Deputy chairperson Carmel Cacopardo added that even if the Court of Appeal does not rule in ADPD’s favour, recourse will be made to the European Court of Human Rights.

Gauci concluded by noting that human and financial resources were necessary in order that the appeal could be lodged.

To this end, she encouraged persons to contribute through a fundraising campaign which will shortly be launched by the party.