Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 242

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.