Maximum adjudication time for the full EDR process (days)

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, theapplication shall be served on the defendant or the respondent without delayand the court shall fix adate for hearing within eight working days from the date of the filingof the application, or from the filing of a reply by respondent within the timelimit therefor, or if no such reply is filed fro

m 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.

Reference of questions.

5. (1) In the cases referred to in article 46(3) ofthe Constitution of Malta, article 4(3) of the European Convention Act, and article 95(2)(b) of theConstitution of Malta, the order of reference shall state concisely and clearlythe facts and the circumstances out of which the question arises, the terms ofsuch question and indicate the provision or provisions of the Constitution ofMalta or of the European Convention for the Protection of Human Rights andFundamental Freedoms, as the case may be, allegedly contravened.

(2) When any such referencehas been made, it shall be the duty of the Registrar, Civil Courts andTribunals, to ensure that the record of the proceedings or any authenticatedcopy thereof is brought before the court to which the reference is made withoutany delay and with urgency.

(3) The court to which thereference has been made shall, upon any such reference, set down the cause forhearing at an early date, in no case later than eight working days from thedate on which the record is brought before it and shall cause notice of suchdate to be given to the parties and to the Attorney General.

Expeditious hearing and disposal of hearing.

6. Once a case has been set down for hearing the court shall ensure that,consistently with the due and proper administration of justice, the hearing anddisposal of the case shall be expeditious, and the hearing of the cause shallas far as possible continue to be heard on consecutive days, and, where this isnot possible, on dates close to one another.

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 EAM interlocutorsdid not express concerns with regard to the election dispute resolution 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.

 …

Officefor Democratic Institutions and Human Rights

Not specified in days

“as far as possible continue to be heard onconsecutive days, and, where this is not possible, on dates close to oneanother”