Franco Debono Reminds President Of His Powers As PN Leader Faces Fresh Bout Of Anger From His MPs
We’ve been here before. Adrian Delia is being urged to resign by a chunk of his own MPs on the grounds that he is unelectable but is steadfastly refusing to step down.
But although the situation appears to have reached a standstill once again, constitutional law expert and former PN MP Franco Debono has argued that responsibility now lies with President of the Republic George Vella.
Without entering into the merits of this case, Debono noted that the Constitution (Article 90(4)) empowers the President to remove the Leader of the Opposition from his role if, in the President’s judgement, he doesn’t command the support of the majority of his MPs.
“This is one of the few instances where the President enjoys huge powers entrusted to him by the Constitution,” Debono said.
“In the case of removal of a Prime Minister the President can only act after a vote of no confidence and there the President’s powers are very limited.”
“However in the case if the Leader of the Opposition the situation is completely different. The criterion is a subjective one – ‘in the judgment of the President’ and there is no hard and fast rule and that is why the President in this case enjoys huge powers.”
“The Constitution also seems to impose on the President an active rather than passive role and the spirit seems to be in the sense that where a prima facie case exists that such support might be doubtful the President has a duty to enquire into the situation and reach a judgment. The Constitution does not specify any modalities how such judgment can be reached but this could include the President speaking privately to individual MPs, amongst others.”
“The Constitution seems to impose a duty on the President who must ensure that the Leader of the Opposition actually enjoys the support and backing of at least the majority of MPs in his party in default of which the President has the huge power of removing him. No vote needs to be taken in this case.”
“This is one of the five or so instances where the Constitution empowers the President to act on his own and not on the advise of the Prime Minister which is the general rule. I do not want to get into the merits of this case but this is strictly a legal opinion.”
No Maltese President has ever made use of this power before but the situation within the Opposition has deteriorated to a stage where some MPs are anonymously urging George Vella to call in Opposition MPs individually to ask them if they support Adrian Delia.
Lovin Malta has reached out to Vella for comment.
One MP told Times of Malta that only two out of the PN’s 27 MPs supported Delia during a parliamentary group meeting yesterday. However, Delia told the press after the meeting that he will lead the party into the next general election, prompting MP Jason Azzopardi to publcily express his feelings of betrayal.
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