A court decision dismissed the pleas made by the ADPD in a constitutional action challenging the manner in which additional seats were allocated to the two main political parties following the 2022 general election, and ADPD Chairperson Sandra Gauci has declared her party's intention to file an appeal.

The First Hall of the Civil Court rejected all pleas made by ADPD, in a judgment raising several legal points of interest.

In its application, ADPD argued that Maltese electoral laws give rise to discrimination against smaller parties. In particular, reference was made to those provisions which provide that the allocation of additional parliamentary seats to reflect proportionality with votes applies solely to those parties which would already be represented in parliament.

The recent mechanism referring to the allocation of additional seats for the under-represented sex, which only comes into play if two parties are elected in a general election, was also criticised as being discriminatory against smaller parties not being the two traditional parties elected to parliament. 

In its judgment, the Court noted that no provision of the Constitution could be deemed to be inconsistent with, or in breach of, another article of the same Constitution. The so-called supremacy of the Constitution which affords primacy to the Constitution where any other law conflicts with it, makes no reference to the possibility of inconsistencies between different articles of the same Constitution. Thus, no article of the Constitution could be deemed to be inconsistent with another article thereof.

The Court also noted that whilst ordinary legislation is subject to the European Convention on Human Rights, the Constitution of Malta is not so.

ADPD - The Green Party has been insisting that electoral legislation is discriminatory for years. ADPD, following the 2022 elections 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.

After the court judgement was issued, ADPD held a press conference..

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."