The crucial role of the President
Election time is a crucial period for the President. It is the President who, acting on the advice of the Prime Minister, dissolves Parliament, but he can also opt to disregard that advice and retain Parliament until its term runs out if he considers...
Election time is a crucial period for the President.
It is the President who, acting on the advice of the Prime Minister, dissolves Parliament, but he can also opt to disregard that advice and retain Parliament until its term runs out if he considers that the government can be carried on and a dissolution would not be in the national interest.
Once elections are held, the President awaits the official results from the Chief Electoral Officer and then, in terms of the Constitution, "shall appoint as Prime Minister the member of the House of Representatives who, in his judgement, is best able to command the support of a majority of the members of the House."
He shall also, in accordance with the advice of the Prime Minister, appoint the ministers from among the members of the House of Representatives.
The President swears in the Prime Minister, the Ministers and the Leader of the Opposition. He also summons Parliament and delivers an address at the State Opening of Parliament, outlining the government's programme. That is the only time when the President, although forming part of Parliament, actually addresses the House.
His role in the legislative process would otherwise be to recommend to the House the consideration of financial legislation, and then to sign Bills into law once they would have been approved by the House.
Should the Prime Minister be absent from Malta or on vacation, or if the Prime Minister cannot discharge his duties because of illness, the President may appoint an Acting Prime Minister.
Although he shall do so according to the advice of the Prime Minister, where the President considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, he may exercise those powers to appoint an Acting Prime Minister without that advice.
Should the House approve a motion of no confidence in the government, the President, acting "in accordance with his own deliberate judgment", may remove the Prime minister unless he would have decided to dissolve the House.
If the office of Prime Minister is vacant and the President considers that there is no prospect of his being able, within a reasonable time, to appoint a person who can command the support of a majority of MPs, the President may also dissolve Parliament.