The President can appoint a member of the House of Representatives as Prime Minister who, in his judgement, is best able to command the support of the majority of MPs should Joseph Muscat resign now, former European Court of Human Rights Judge Giovanni Bonello told The Malta Independent when asked about procedure.

There have been many questions arising as to why Prime Minister Joseph Muscat has not yet stepped down. One theory is that the PL would not want Deputy Prime Minister Chris Fearne to take over due to him contesting the PL Leadership election, as it would make it unfair for the rest of the field.

There were rumours that Muscat was going to step down earlier if Fearne was the only contender.

Thus far, Fearne and PL MP Robert Abela have announced their intention to contest for the role. Prime Minister Joseph Muscat announced that he will resign after the PL Leadership election in January, however there have been calls for him to resign now, and countless protests have been called as a result.

The Malta Independent contacted Former European Court of Human Rights Judge Giovanni Bonello, to ask about the procedure regarding the appointment of a new Prime Minister should Muscat step down now, and if and how someone other than Deputy Prime Minister Chris Fearne has the ability to be appointed Prime Minister for a short while until the PL Leadership race concludes. He was also asked what such a process would entail and whether a majority or 2/3rds majority is required in a Parliamentary vote, among other things.

In his response, Bonello said: “The Constitution is quite clear. Whenever the need arises for the appointment of a Prime Minister, the President shall appoint as Prime Minister ‘the member of the House  of Representatives who, in his judgement, is best able to command the support the majority of the members of that House.’" (Art. 80).

“There is no automatic succession by the Deputy Prime Minister. The President explores who the majority of MPs would support, and appoints that MP. A simple majority of support is sufficient, or even a minority, provided the President is of the view that the chosen MP would still have the largest support, even if this is less than 50%. These exploratory talks are made by the President before the appointment. A vote can be taken in Parliament, of confidence or no-confidence, after the new PM has been appointed.”