Print Constitution of Malta
Adopted in 1964
ICL Document Status: 1996
Editor's Note :The ICL edition is based on the official English language version of the constitutional text, first published by the Department of Information in 1992. The raw text has been published at http://www.magnet.mt/info/state/maltcons.htm by the Publications Office of the Department of Information, Dar l- Annona, Castille Place, Valletta. The ICL edition includes amendments adopted in 1994 (Section 101A) and in 1996 (Section 52).
Chapter III Citizenship
Section 22 [Citizenship](1) Every person who, having been born in Malta, is on the day before the appointed day a citizen of the United Kingdom and Colonies shall become a citizen of Malta on the appointed day:Provided that a person shall not become a citizen of Malta by virtue of this subsection if neither of his parents was born in Malta.(2) Every person who, having been born outside Malta, is on the day before the appointed day a citizen of the United Kingdom and Colonies shall, if his father becomes, or would but for his death have become, a citizen of Malta in accordance with the provisions of subsection (1) of this section, become a citizen of Malta on the appointed day.
Section 23 [Registration](1) Any person who, but for the proviso to subsection (1) of section 22 of this Constitution, would be a citizen of Malta by virtue of that subsection shall be entitled, upon making application before the expiration of two years from the appointed day in such manner as may be prescribed, to be registered as a citizen of Malta:Provided that a person who has not attained the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.(2) Any person who on the day before the appointed day is or has been married to a person --(a) who becomes a citizen of Malta by virtue of section 22 of this Constitution: or(b) who having died before the appointed day would, but for his or her death, have become a citizen of Malta by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.(3) Any person who on the day before the appointed day is or has been married to a person who, on or after the appointed day, becomes a citizen of Malta shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.(4) Any woman who on the day before the appointed day has been married to a person who becomes, or would, but for his death, have become entitled to be registered as a citizen of Malta under subsection (1) of this section, but whose marriage has been terminated by death or by such dissolution as is valid under the law of Malta shall be entitled, upon making application before the expiration of two years from the appointed day and in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Malta.(5) The provisions of subsections (2), (3) and (4) of this section shall be without prejudice to the provisions section 22 of this Constitution.(6) Any person who, in accordance with paragraph (a) or paragraph (b) of subsection (4) of section 44 of this Constitution is deemed to be a citizen of Malta for the purposes of that section, and who has returned to, and taken up permanent residence in, Malta, shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.(7) Notwithstanding any other provisions of this Constitution, a person shall not be entitled to be registered as a citizen of Malta more than once under the same provision of this Constitution.(8) No person shall after the 1st August, 1989, be entitled to be registered as a citizen of Malta in virtue of subsections (2) and (3) of this section, unless:(a) the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest; and(b) on the date of the application such person was still married to a citizen of Malta, or is the widow or widower of a person who was a citizen of Malta or of a person who having died before the appointed day would, but for his or her death, have become a citizen of Malta by virtue of section 22 of this Constitution.
Section 24 [Commonwealth Citizens](1) Any person who on the day before the appointed day was a citizen of the United Kingdom and or Colonies --(a) having become such a citizen under the British Nationality Act, 1948 by virtue of his having been naturalised in Malta as a British subject before that Act came into force; or(b) having become such a citizen by virtue of his having been naturalised or registered in Malta under that Act,shall be entitled, upon making application before the expiration of two years from the appointed day in such manner as may be prescribed, to be registered as a citizen of Malta:Provided that a person who has not attained the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.(2) Any person who on the day before the appointed day --(a) was a Commonwealth citizen or a citizen of the Republic of Ireland; and(b) is descended in the male line from a person born in Malta,and was on the day before the appointed day ordinarily resident in Malta and had been so resident throughout the period of five years immediately preceding that day shall be entitled, upon making application before the expiration of two years from the appointed day in such manner as may be prescribed, to be registered as a citizen of Malta:Provided that a person who has not attained the age of eighteen years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by the person who according to law has authority over him.
Section 25 [Citizenship by Birth](1) Every person born in Malta on or after the appointed day shall become a citizen of Malta at the date of his birth:Provided that in the case of a person born on or before the 31st July, 1989, such person shall not become a citizen of Malta by virtue of this subsection if at the time of his birth --(a) neither of his parents was a citizen of Malta and his father possessed such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Malta; or(b) his father was an enemy alien and the birth occurred in a place then under occupation by the enemy:Provided further that in the case of a person born on or after the 1st August, 1989 such person shall not become a citizen of Malta by virtue of this subsection unless at the time of his birth his father or his mother is:(a) a citizen of Malta; or(b) person referred to in paragraphs (a) or (b) of subsection (4) of section 44 of this Constitution.(2) A person born outside Malta on or after the appointed day shall become a citizen of Malta at the date of his birth.(a) in the case of a person born on or before the 31st July, 1989, if at the date of such person's birth, his father is a citizen of Malta otherwise than by virtue of this subsection or subsection (2) of section 22 of this Constitution; and(b) in the case of a person born on or after the 1st August, 1989, if at the date of such person's birth his father or his mother is a citizen of Malta otherwise than by virtue of this subsection or subsection (2) of section 22 of this Constitution.
Section 26 [Citizenship by Marriage](1) Any person who on or after the appointed day marries a person who is or becomes a citizen of Malta shall be entitled, upon making application in such manner as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.(2) With effect from the 1st August, 1989, no person shall be entitled to be registered as a citizen of Malta in virtue of this section unless:(a) the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest; and(b) on the date of the application such person was still married to a citizen of Malta or is the widow or widower of a person who was a citizen of Malta at the time of his or her death.
Section 27 [No Double Citizenship](1) Any person who, upon his attainment of the age of eighteen years, is a citizen of Malta and also a citizen of some country other than Malta shall cease to be a citizen of Malta upon his attainment of the age of nineteen years (or, in the case of a person of unsound mind, at such later date as may be prescribed) unless he has renounced his citizenship of that other country and, in the case of a person who is a citizen of Malta by virtue of subsection (2) of section 22 of this Constitution, has made and registered such declaration of his intentions concerning residence or employment as may be prescribed:Provided that in relation to a person --(a) who attains the age of eighteen years on or before the 20th September, 1966 this subsection shall apply as if for the reference to his attainment of the age of nineteen years there were substituted a reference to the 20th September, 1967; and(b) who is or was a citizen of Malta in virtue of subsection (2) of section 25 of this Constitution, in virtue of his father being deemed never to have lost his citizenship of Malta in accordance with the provisions of paragraph (b) of the proviso to subsection (3) of this section, and who attained the age of eighteen years prior to the 1st August, 1989, this subsection shall apply as if for the reference to his attainment of the age of nineteen years, there were substituted a reference to the 1st August, 1990:Provided further that this subsection shall not apply in the case of a person who is a citizen of Malta in virtue of subsection (1) of section 25 of this Constitution and who after emigrating to another country prior to his nineteenth birthday acquires the citizenship of that other country.So however that if such person returns to reside in Malta before the expiration of six years from the date of his emigration he shall cease to be a citizen of Malta unless he has renounced his citizenship of that other country either.(a) after attaining the age of eighteen years and before attaining the age of nineteen years; or(b) before the expiration of one year from his return to Malta;whichever is the later. Provided that any stay in Malta for a period or periods not exceeding three months in any one year or of twelve months in the aggregate shall not be taken into account and shall not be considered as a return to Malta.(2) A person who --(a) has attained the age of eighteen years before the appointed day; and(b) becomes a citizen of Malta on that day by virtue of the provisions of section 22 of this Constitution; and(c) is immediately after that day also a citizen of some country other than Maltashall cease to be a citizen of Malta on the expiration of three years from the appointed day (or, in the case of a person of unsound mind, at such later date as may be prescribed) unless he has renounced his citizenship of that other country and, in the case of a person who is a citizen of Malta by virtue of subsection (2) of section 22 of this Constitution, has made and registered such declaration of his intentions concerning residence or employment as may be prescribed.(3) A citizen of Malta shall cease to be such a citizen if --(a) having attained the age of eighteen years, he acquires the citizenship of some country other than Malta by a voluntary act (other than marriage); or(b) having attained the age of eighteen years, he otherwise acquires the citizenship of some country other than Malta and has not, before the expiration of one year after the date on which he acquired the citizenship of that other country, renounced his citizenship of that other country and made and registered such declaration of his intentions concerning residence or employment as may be prescribed:Provided that --(a) this subsection shall not apply in the case of a person who is a citizen of Malta in virtue of subsection (1) of section 22 or subsection (1) of section 25 of this Constitution and who after emigrating to another country acquires on or after the 1st August, 1989, the citizenship of that other country; and(b) a person who after emigrating to another country and who before the 1st August, 1989, has acquired the citizenship of that other country and who prior to acquiring such citizenship was a citizen of Malta in virtue of subsection (1) of section 22 or of subsection (1) of section 25 of this Constitution, and in accordance with the law of the country of which such person has become a citizen such person may retain dual citizenship, shall be deemed not to have lost his citizenship of Malta on taking up the citizenship of the country to which he had emigrated, so however that this paragraph shall not apply if, not later than the 1st August, 1990, such person makes a declaration in such manner as may be prescribed wherein he shows his intention to confirm that he has ceased to be a citizen of Malta on his taking up the citizenship of such other country;So however that if such person returns to reside in Malta before the expiration of six years from the date of his emigration he shall cease to be a citizen of Malta unless he has renounced his citizenship of that other country before the expiration of one year from his return to Malta. Any stay in Malta for a period or periods not exceeding three months in any one year or of twelve months in the aggregate, shall not be taken into account and shall not be considered as a return to Malta.(4) A person who --(a) becomes a citizen of Malta by registration under section 23, 24 or 26 of this Constitution; and(b) is immediately after the day on which he becomes a citizen of Malta also a citizen of some other country,shall cease to be a citizen of Malta on the expiration of six months after the date on which he acquired citizenship of Malta (or, in the case of a person of unsound mind, at such later date as may be prescribed) unless he has renounced his citizenship of that other country, and made and registered such declaration of his intentions concerning residence or employment as may be prescribed:Provided that, in relation to a person who becomes a citizen of Malta by registration as aforesaid on or before the 20th September, 1966, this subsection shall apply as if for the reference to the expiration of six months after the date on which he acquired the citizenship of Malta there were substituted a reference to the 20th March, 1967.(5) For the purposes of this section and of any law relating to citizenship, where, under the law of a country other than Malta, a person cannot renounce his citizenship of that other country, he may instead make such declaration concerning such citizenship as may be prescribed:Provided that where any person, having made a declaration under this subsection, can, if such declaration is made on or before 31st December, 1974, at any time after that date, and, if made after that date at any time after the declaration is made, renounce the citizenship of the other country, such person shall renounce such citizenship within six months after the date aforesaid or after the date on which he can renounce such citizenship, which ever is the later date, or within such further period as the competent authority may allow or as may be prescribed, and such person shall cease to be a citizen of Malta on the expiration of such period, or of such extended period, if he has not then made the requisite renunciation.(6) Provision may be made by or under an Act of Parliament extending beyond the period specified in any provision of this section the period in which any person may make a renunciation of citizenship, or make or register a declaration for the purposes of that provision of this section, and if such provision is made that person shall not cease to be a citizen of Malta upon the expiration of the period specified in this section but shall cease to be such a citizen upon the expiration of the extended period if he has not then made the renunciation, or made or registered the declaration, as the case may be.
Section 28 [Acknowledged Citizenship](1) Every person who under this Constitution or any Act of Parliament is a citizen of Malta or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.(2) Every person who is a British subject without citizenship under the British Nationality Act, 1948 or who continues to be a British subject under section 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.(3) The countries to which this section applies are those in the Fourth Schedule to this Constitution.(4) The President may by Proclamation amend, add to, revoke or substitute the list of countries in the Fourth Schedule to Constitution.
Section 29 [Protection of Commonwealth Citizens](1) A Commonwealth citizen who is not a citizen of Malta or a citizen of the Republic of Ireland who is not a citizen of Malta shall not be guilty of an offence against any law in force in Malta by reason of anything done or omitted in any part of the Commonwealth other than Malta or in the Republic of Ireland or in any foreign country unless.(a) the act or omission would be an offence if he were an alien; and(b) in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.(2) In this section "foreign country" means country (other than the Republic of Ireland) that is not a part of the Commonwealth.
Section 30 [Citizenship by Law](1) Parliament may make provision --(a) for the acquisition of citizenship of Malta by persons who do not become citizens of Malta by virtue of the provisions of this Chapter;(b) for depriving of his citizenship of Malta any person who is a citizen of Malta otherwise than by virtue of --(i) section 22 or subsection (1) of section 25 of this Constitution; or(ii) subsection (2) of section 25 of this Constitution in relation to a person born outside Malta whose father at the date of that person's birth is a citizen of Malta by virtue of subsection (l) of section 22 or subsection (1) of section 25 of this Constitution:(c) for the renunciation by any person of his citizenship of Malta.(2) Provision may be made by or under an Act of Parliament for extending the period in which any person may make an application for registration as a citizen of Malta, make a renunciation of citizenship, take an oath or make or register a declaration for the purposes of the provisions of this Chapter.
Section 31 [Definitions](1) In this Chapter --"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948."Minister" means the Minister for the time being responsible for matters relating to Maltese citizenship and, to the extent of the authority given, includes any person authorised by such Minister to act on his behalf;"prescribed" means prescribed by or under any Act of Parliament.(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.(3) (a) In this Chapter:(i) any reference to the father of a person shall, in relation to a person born out of wedlock and not legitimated be construed as a reference to the mother of that person;(ii) any reference to the father of a person who was lawfully adopted before the 1st January, 1977, shall be construed as a reference to the adopter and in the case of a joint adoptation, the male adopter; and(iii) any reference to the parents of a person who was lawfully adopted on or after the 1st August 1989, and who was on the effective date of his adoption under the age of ten years, shall be construed as a reference to the adopters;(b) for the purposes of this chapter:(i) an adoption of any person made on or after the 1st January, 1977, and before the 1st August, 1989, shall be without effect and shall be treated as if it had not been made;(ii) an adoption of any person made on or after the 1st August, 1989, who on the effective date of his adoption was ten years or older, shall be without effect and shall be treated as if it had not been made; and(c) The Minister shall not be required to assign any reason for the grant or refusal of any application under sections 23 and 26 of this Constitution and the decision of the Minister on any such application shall not be subject to appeal to or review in any court.(4) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before the appointed day and the birth occurred on or after the appointed day, the national status that the father would have had if he had died on the appointed day shall be deemed to be his national status at the time of his death.