The electoral implications of the judgement Il-Partit Nazzjonalista v. Kummisjoni Elettorali (2016)

Abstract

Electoral disputes and subsequent implications that arise have always been an interesting phenomenon for legal scholars and academics. The fact that an electoral result or a decision taken by a public authority, like the Electoral Commission, can be held subject to scrutiny and court review has logically and certainly raised controversies by politicians and the general public itself. The case of Il-Partit Nazzjonalista V. Kummissjoni Elettorali is of no less exception. The unprecedented decision taken by First Hall Civil Court in this case has undoubtedly left a mark on the Maltese political and legal scenario for the years to come.

In the introduction of this term paper, a historical background of electoral disputes and altercations will be provided. This will facilitate the understanding of the holistic approach adopted throughout this research. Following this, chapter 1 will provide a legal background of the case being dealt with. The electoral law, the electoral commission and legislation governing the rights of political parties will be commented upon. This will pave the way towards a better understanding of the judgement itself which shall be analysed in chapter 2.

Chapter 3 will delve into the main aspects of the judgement and the most important outcomes that have emerged from the court‟s decision. Particular reference will be given to how the court intrerpreted article 3 of the First Protocol to the European Convention on Human Rights as this was the main feature debated in court proceedings. The concept of court jurisdiction and juridical interest will also be evaluated.

A comparative aspect of the case combined with relevant case law will be provided in chapter 4 of this legal term paper, followed by a conclusion which will bring forward recommendations that should aim to eliminate similar situations of serious electoral implications in the future.