Maximum complaint time since announcement of election results

Subsidiary legislation 12.09Court Practice And Procedure And Good Order Rules (2008-11-11)

Hearing of proceedings.

4. (1) Subject to the provisions of sub-rule (3) ofthis rule and rule 8, in the cases referred to the Civil Court, First Hall, asprovided in article 46(1) of the Constitution of Malta, in article 4(1) of theEuropean Convention Act, and in the cases referred to in article 95(2)(c),(d), (e) and (f)of the Constitution of Malta, the application shall be served on the defendant or the respondentwithout delay and the court shall fix a date for hearing within eightworking days from the date of the filing of the application, or from the filingof a reply by respondent within the time limit therefor, or if no such reply isfiled from the expiry of such time:

Provided that where theCourt considers that the subject matter of the application is not of an urgentnature, the defendant or respondent shall always be given twenty days for thefiling of the reply.

Ministry for Justice, Justice Services

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=9027&l=1 as retrieved on2013-10-17.

OSCE/ODIHRElection Assessment Mission Final Report, Republic of Malta, ParliamentaryElections (2013-03-09)

XIII. COMPLAINTS AND APPEALS

The Constitution and the GeneralElections Act provide various administrative and judicial procedures foraddressing election-related disputes. In general, few election-relatedcomplaints and appeals were filed during these elections. OSCE/ODIHR EAMinterlocutors did not express concerns with regard to the election disputeresolution system.

...

Consideration should be given to set specific time limits for theadjudication and publication of election-related complaints and appeals by theElectoral Commission and the courts in order to be fully consistent withparagraph 5.10 of the 1990 OSCE Copenhagen Document.

The Constitutional Court is mandated to adjudicate otherelection-related complaints, including election results. Upon submission of apetition, it can order a re-count of all or part of the ballots, or annul theelections in all or some of the electoral districts if irregularities mighthave affected the final results.

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Officefor Democratic Institutions and Human Rights