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The European Convention (Amendment) Act, 2006 (Bill No. 74)

A BILL

entitled

An Act to amend the European Convention Act, Cap. 319.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this present Parliament assembled and by the authority of the same as follows>
1. The short title of this Act is the European Convention (Amendment) Act 2006 and it shall be read and construed as one with the European Convention Act, hereinafter referred to as “the principal Act“.
2. Immediately after article 6 of the principal Act there shall be added the following new article>

Short title.

Addition of new article to

the principal Act.

“Power of

Minister to make regulations.

6A. Where by a final judgment in a case against Malta the European Court of Human Rights finds that any instrument having the force of law in Malta or any provision thereof is inconsistent with the Human Rights and Fundamental Freedoms, the Prime Minister may, within the period of six months from the date that the judgment becomes final and to the extent necessary in his opinion to remove the inconsistency, make regulations deleting any such instrument or provision found to be inconsistent as aforesaid .
C 718

Amendment of the Code

of Organization and Civil Procedure, Cap. 12.

3. Article 242 of the Code of Organization and Civil Procedure shall be amended as follows>
(a) the present provision shall be re-numbered as sub-article (1) and for the words “any provision of any law” therein there shall be substituted the words “any instrument having the force of law or any provision thereof”< and
(b) immediately after sub-article (1) as renumbered there shall be inserted the following new sub-article>
“(2) Where there has been a judgment as is mentioned in sub-article (1) the Prime Minister may, within the period of six months from the date that the judgment has become res judicata and to the extent necessary in his opinion to remove any inconsistency with the Constitution of Malta or with the relevant human right or fundamental freedom set out in the First Schedule to the European Convention Act as declared in the said judgment, make regulations deleting the relevant instrument or any provision thereof declared to run counter to the Constitution or the First Schedule to the European Convention Act as mentioned in sub-article (1).”.

Objects and Reasons

The purpose of this Bill is to empower the Minister for justice to implement as soon as possible, any judgment of the Constitutional Court of Malta or of the European Court of Human Rights which affects the validity of a law in Malta.