The Constitutional Court has rejected a complaint filed by ADPD–The Green Party, saying it has no authority to rule on the matter.
The case focused on Articles 52 and 52A of the Constitution. The Court said the Constitution does not explain how to deal with possible conflicts between its own provisions. Because of this, it ruled that it could not decide on ADPD’s appeal.
ADPD had asked the Court to declare that respect for human rights is a fundamental right protected by the Constitution. The party also challenged the electoral law, arguing that although it obtained a national vote equal to the electoral quota in the 2022 general election, it did not secure parliamentary representation.
The case was first filed in 2022 against the Electoral Commission and the State Advocate. In 2024, the First Hall of the Civil Court dismissed the case, leading ADPD to appeal to the Constitutional Court.
The First Hall of the Civil Court had earlier noted that under Article 6 of the Constitution, only an ordinary law – and not another constitutional provision – can be found to be inconsistent with the Constitution, since the Constitution itself is the supreme law.
Speaking at a press conference shortly after the judgment, ADPD deputy chairperson Carmel Cacopardo said the Court failed to address the legal arguments raised. He said the judgment made no reference to Article 1 of the Constitution, which states that respect for human rights is a fundamental principle of the state.
Cacopardo also referred to a 1996 Constitutional Court ruling, where the Court had found part of the Constitution to be in conflict with its own human rights provisions. He said the latest judgment did not explain why that earlier decision was ignored.
ADPD chairperson Sandra Gauci said the party is disappointed with the ruling. She confirmed that discussions are ongoing with the party’s legal team to assess possible next steps, including taking the case to the European Court of Human Rights in Strasbourg.
The full judgment can be read here.
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