Malta 1964 Constitution (reviewed 2016)

CHAPTER V. The President

48. Establishment of the office of President

1. There shall be a President of Malta who shall be appointed by Resolution of the House of Representatives.
2. A person shall not be qualified to be appointed to the office of President if –
   1. he is not a citizen of Malta; or
   2. he holds or has held the office of Chief Justice or other Judge of the Superior Courts; or
   3. he is not eligible for appointment to or to act in any public office in accordance with articles 109, 118 and 120 of this Constitution.
3. The office of President shall become vacant –
   1. on the expiration of five years from the date of the appointment to that office; or
   2. if the holder of the office is removed from office by Resolution of the House of Representatives on the ground of inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or misbehaviour.

49. Discharge of President’s functions during vacancy, etc

Whenever the office of President is temporarily vacant, and until a new President is appointed, and whenever the holder of the office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Constitution, those functions shall be performed by such person as the Prime Minister, after consultation with the Leader of the Opposition, may appoint or, if there is no person in Malta so appointed and able to perform those functions, by the Chief Justice.

50. Oath to be taken by the President

A person appointed to or assuming the functions of the office of President shall, before entering upon that office, take and subscribe the oath of office set out in the Second Schedule to this Constitution. Any person appointed to the office of President under sub-article (1) of article 48 of this Constitution shall take the oath of office before the House.