Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 242
242. ( 1) When a cour t, by a judgment which has become res
judicata , declares any instrument ha ving the force of law or any
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 ultra vires , the registrar shall send a copy of the said
judgment to the Speaker of the House of Representatives, who sh all
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.
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 81
Cap. 319.
( 2) Wher e ther e has been a judgment as is mentioned in sub-
article (1) the Prime Minister m ay, within the period of six mo nths
from the date that the judgment has become res judicata and to the
extent necessary in his opinion to remove any inconsistency wit h
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 j udgment, make regulations
deleting the relevant instrument or any provision thereof decla red
to run counter to the Constitution or the First Schedule to the
European Convention Act as mentioned in sub-article (1).
Abridgement of
time for appeal.
Added by:
IX.1886.39.
Amended by:
XV .1913.73;
XXIV .1995.121.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.