ADPD – The Green Party, has lost a constitutional case it had filed challenging Malta’s electoral law.
In 2022, the party had filed a constitutional case in order to be granted a seat in parliament, saying that as things stand, the 4,747 people who trusted the party with their first count votes were being ignored.
The party has been insisting that electoral legislation is discriminatory, with Carmel Cacopardo (who was the party’s chairperson at the time) saying back then that it is giving weight to votes cast for the two parliamentary parties and ignoring those cast for others. “This is the result of two specific measures: one dealing with proportionality and the other dealing with gender balance. Both measures are designed to benefit the PL and PN and discriminate against us, the third party, and others. The discrimination we are facing is an integral part of electoral legislation by design,” Cacopardo had said in 2022.
The party’s challenge had to do with the allocation of extra seats in parliament to reflect proportionality with votes which only applies to parties already represented in parliament.
ADPD had argued that their 4,747 first count votes was more than the national quota of votes and should therefore transfer into them being granted a seat in Parliament.
On Monday, ADPD said that the court rejected its petition regarding electoral legislation in the Constitution.
ADPD affirmed that its fight to ensure every vote counts will continue.
The Chairperson of ADPD – The Green Party, Sandra Gauci, reiterated that although she had hoped for a different decision “that befits Malta on the 50th anniversary of becoming a Republic, this ruling will not discourage the party. ADPD remains committed to advocating for a system that respects the democratic right of all citizens to be represented.” Gauci said that diversity in politics provides greater assurance of transparent and clean leadership that prioritizes the common good over the interests of a few. She invited people of goodwill to join ADPD – The Green Party to achieve this goal.
Carmel Cacopardo, Deputy Chairperson of ADPD, stated that the party’s lawyers are working on an appeal to be filed by early January 2025.
Cacopardo added that there are several arguments in the judgment that raise serious doubts about their validity. In particular, “ADPD rejects the argument that with it no remedy is being provided for a constitutional conflict. It must be made clear that the Constitution of Malta itself is subject to full respect for human rights. This is a sacrosanct principle emphasized in the first article of the same Constitution, which proclaims that Malta is a democratic Republic based on work and respect for human rights. Consequently, any part of the Constitution that conflicts with human rights is questionable in its validity.”
Sandra Gauci concluded by stating that to appeal the decision before the courts, ADPD needs significant resources, both human and financial. She urged people of goodwill to contribute through a fundraising campaign that ADPD will soon launch. “This will make it possible to persist in this insistence on democracy. The dire situation of a country plagued by an eroded rule of law, normalized corruption and clientelism, makes it more urgent to have other voices in Parliament working for accountability and ethics in politics, in favour of sustainability, and a nation that truly prioritizes the well-being of everyone.”
