European Convention Act (Cap. 319), article 4

4. (1) Any person who alleges that any of the Human Rights and Fundamental Freedoms, has been, is being or is likely to be contravened in relation to him, or such other person as the Civ il Court, First Hall, in Malta may appoint at the instance of any person who so alleges, may, without prejudice to any other acti on with respect to the same matter that is lawfully available, app ly to the Civil Court, First Hall, for redress. (2) The Civil Court, First Hall, shall have original jurisdictio n to hear and determine any application made by any person in pursuance of subarticle (1), and may make such orders, issue su ch writs and give such directions as it may consider appropriate f or the purpose of enforcing, or securing the enforcement, of the Human Rights and Fundamental Freedoms to the enjoyment of which the person concerned is entitled: P rovided that the court may, if it considers it desirable so to do, decline to exercise its powers under this subarticle in any case where it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other ordinary law. (3) If any proceedings in any court other than the Civil Court, First Hall, or the Constitutional Court any question arises as to the contravention of any of the Human Rights and Fundamental Freedoms, that court shall refer the question to the Civil Cour t, First Hall, unless in its opinion the raising of the question i s merely frivolous or vexatious; and that court shall give its decision on any question referred to it under this subarticle and, subject to t he provisions of subarticle (4), the court in which the question a rose shall dispose of the question in accordance with that decision. (4) Any party to proceedings brought in the Civil Court, First Hall, in pursuance of this article shall have a right of appeal to the Constitutional Court. (5) No appeal shall lie from any determination under this article that any application or the raising of any question is merely frivolous or vexatious. (6) The Rules of Court made in accordance with article 46(7) of the Constitution as in force from time to time shall apply mutatis mutandis to the practice and procedure of the courts for the purpose of this article as if the proceedings made under this article w ere proceedings made under article 46 of the Constitution. (7) Where it is alleged that any of the Human Rights and Fundamental Freedoms and any of the provisions of articles 33 t o 45 (inclusive) of the Constitution has been, is being or is lik ely to be contravened, the demand for redress or the reference to the Civil Court, First Hall, in accordance with article 46 of the Constit ution and this article may be made in the same application or referen ce. (8) Where an application for redress or any reference to the Civil Court, First Hall, made after the 30th April, 1987 is mad e exclusively either under article 46 of the Constitution or unde r this article and is still pending before the Civil Court, First Hall , or the Constitutional Court, the court may examine whether or not the EUROPEAN CONVENTION [CAP. 319. 3 facts complained of are in violation of the corresponding Human Rights and Fundamental Freedoms, in the first case, or of the corresponding Fundamental Rights and Freedoms of the Individual enforceable under the Constitution, in the second case; and if the court so finds it may order accordingly the redress it may deem appropriate under any of the aforesaid laws. Special rules applicable in connection with article 3 of the Seventh Protocol to the Convention. Added by: XXI. 2002.3. Amended by: L.N. 424 of 2007.