Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 460
460. (1) Subject to the provisions of sub-article (2), no judicial
act commencing any proceedings m ay be filed, and no proceedings
may be taken or instituted, a nd no warrant may be demanded,
against the Government, or again st any authority established by the
Constitution , other than the Electoral C ommission, or against any
person holding a public office in his official capacity, except after
the expiration of ten days from t he service against the Governm ent
or such authority or person as aforesaid, of a judicial letter or of a
protest in which the right claimed or the demand sought is clea rly
stated.
(2) The provisions of sub-article (1) shall not apply -
(a) to actions for redress under article 46 of the
Constitution ; or
(b) to warrants of prohibitory injunction; or
(c) to actions for the correction of acts of civil status; or
(d) to actions to be h eard with urgency;
(e) to referrals of disputes to arbitration,
and where in accordance with the provisions of any law a partic ular
procedure including a time-limit or other term is to be observe d, the
provisions of sub-article (1) shall not apply and the procedure
aforesaid, including any time-limit or other term, shall apply and be
observed in lieu thereof.
(3) Causes against the Government in respect of which there is
in force a warrant of prohibitory injunction shall be heard by the
court with urgency in pr eference to other causes.
Proceedings for
recovery of fine
(multa) by civil
process.
Amended by:
XV .1913.97;
L.N. 46 of 1965;
LVIII.1974.68;
VIII.1990.3;
XXIV .1995.197;
XXII.2005.52;
L.N.212 of 2023.
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.