What remedies are available in the first instance?
Malta
- Total recount of results
- Partial recount of results
- Annulment of results / Cancellation of elections
- Partial annulment of results / Partial cancellation of elections
Information sheet of Malta Judiciary:
ConstitutionalCourt
The Constitutional Court has both an original and an appellate jurisdiction. Asan appellate court it hears appeals from decisions of other courts on questionsrelating to the interpretation of the Constitution and on the validity of laws,as well as appeals from decisions on alleged breaches of fundamental humanrights. As a court of original jurisdiction, the Constitutional Court decides questions concerning thevalidity of the election of members of the House of Representatives, therequirement in certain cases for a member to vacate his seat in the said House,and the validity of the election of the Speaker from among persons who are notmembers of the House. As a court of original jurisdiction the ConstitutionalCourt also decides questions concerning the validity of general elections,including allegations of illegal or corrupt practices or foreign interferencein such elections. Noappeal lies from a decision of the Constitutional Court given in its originaljurisdiction.
1st and final instance(regarding elections issues)
Malta Judiciaryofficial-web-page,
http://judiciarymalta.gov.mt/constitutional-court
http://judiciarymalta.gov.mt/court-structure as retrieved on2013-10-17.
General Elections Act (Chapter 354), 1991-09-27.
PART XVIII Saving and Repeal
Right of action before Constitutional Court.
117. Notwithstanding any other provision contained inthis Act, whereby the decision of the Commission is declared as final and/ ornot subject to appeal such provision shall not exclude recourse to theConstitutional Court by any person on an action to invalidate the election, whether in any or in alldivisions.
Ministry for Justice, Justice Services
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8824&l=1 as retrieved on26-09-13.
OSCE/ODIHRElection Assessment Mission Final Report, Parliamentary Elections Republic ofMalta, (2013-03-09)
XIII. COMPLAINTS AND APPEALS
...
The Constitutional Court ismandated to adjudicate other election-related complaints, including electionresults. Upon submission of a petition, it can order a re-count of all or partof the ballots, or annul the elections in all or some of the electoral districtsif irregularities might have affected the final results.
...
Office for DemocraticInstitutions and Human Rights,
http://www.osce.org/odihr/elections/102176 as retrieved on 26-09-13.