The Malta Independent 27 July 2026, Monday
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Spring hunting: Referendum date only official once President announces it - Franco Debono

Jacob Borg Tuesday, 13 January 2015, 09:35 Last update: about 13 years ago

Prime Minister Joseph Muscat may have announced the spring hunting referendum date – 11 April -  but the date is only official once President Marie Louise Coleiro Preca announces it and issues the writ.

President of the Law Commission Franco Debono told The Malta Independent that if, hypothetically speaking, the President announced a different date then it would be that date that will be binding.

“The Constitution vests the power to decide the referendum date in the President, not the Prime Minister.

“So much so that there is nothing stopping the President from ignoring the Prime Minister’s advice since in fact one could also argue that if the President does not follow the Prime Minister's advice, according to 85 (2) there would be no remedy in a court of law. The only solution would be political by removing the President.”

Dr Debono’s words were echoed by Opposition Leader Simon Busuttil, who said the law is clear in stating that the President should have made the announcement.

The government’s own Justice Minister Owen Bonnici also seemed to confirm as much in comments reported on The Times of Malta.

When the Constitutional Court gave its go ahead for the referendum last Friday, Dr Bonnici reportedly said the President would have 10 days to decide on the date of the referendum, based on the Prime Minister's advice.

No word was heard from the President, with Prime Minister Joseph Muscat instead announcing the date the following day during a press conference.

The government denied jumping the gun, with the Justice Minister saying it acted on the advice of the Attorney General in announcing the date, with Dr Busuttil saying that said advice was incorrect.

 

The Attorney General advised the government that the Referenda Act cannot ignore the Constitution, which states that the President should act on the advice of the Cabinet or a minister acting in line with the Cabinet’s authority.  

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