E. Rules on the financing of political parties

4. Bans and restrictions

Articles 47 and 53 amend the Constitution of Malta and the Electoral Polling Ordinance to allow for the removal of an elected candidate for giving false information on election expenses or for incurring election expenses above the ceiling set out in the law. This constitutes a significant sanction, and, considering the fact that it is a limitation of the right to be elected as protected by Article 3 of Protocol 1 of the ECHR,[1] any such annulment should only be determined by a court of law, in compliance with due process of law and only if the legal violation is likely to have impacted the electoral result”.[2] It is recommended to include express reference to the principle of proportionality, and in particular to the gravity of the violation, in the provisions on removal of candidates for violations of provisions of the draft Act and related legislation.

[1]Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11, Paris, 20.III.1952.

[2] Guidelines, par. 225.