Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings
This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat18th October 2018
