The court has shot down a constitutional challenge that was filed by independent candidate Arnold Cassola over the gender corrective mechanism that was approved by Parliament in April.
The 'corrective mechanism' will allow - in case only two parties are elected to Parliament - the addition of up to 12 seats (six on each side of the house) if one gender gets fewer than 40% of seats.
Cassola had said that the rights of voters will be broken through these amendments. "For example if the situation arises where 12 women would need to be added to Parliament, then those with the highest votes will be selected to fill those seats. If the candidate I voted for would have the sixth highest number of votes and would not be from the PN or PL, that candidate would be skipped and the person in 13th place then from the PN or PL would be elected instead of her. This means our votes to these candidates would be thrown away," he had said in April. He argued that this was discriminatory against those not from the PN or PL.
An argument by the State Advocate that Cassola's action was 'nebulous and obscure' was dismissed by the First Hall of the Civil Court (in its Constitutional Jurisdiction), which was presided over by Mr Justice Franceso Depasquale, however the judge upheld the argument that the politician lacked judicial interest needed for the case.
The judge said that Cassola's action was based solely on eventualities and suppositions and lacks actual and personal elements, "which are essential for him to have a judicial interest for a constitutional action, as well as the 'victim' status needed for any action on the basis of the European Convention of Human Rights."
The judge also agreed with the argument made by the State's Advocate that the European Union's Charter of Fundamental Rights and rights emerging from it cannot be applied to laws that are of a national nature.
Cassola's requests were rejected by the courts.
In a Facebook post, Cassola said that he is studying the legal situation to see if an appeal is possible.