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  1. Constitutions
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  3. 44

🇲🇹 MaltaConstitution

Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026

44

CHAPTER IV

Jurisdiction
Malta
Provision
44
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
44. (1) No citizen of Malta shall be deprived of his freedom of movement, and for the purpose of this article the said freedom means the right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta. ( a ) for the imposition of restrictions that are reasonably required in the interests of defence, public safety, public order, public morality or decency, or public *This Act has replaced the E xtradition (Commonwealth Countries) Act, 1970. health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; (4) For the purposes of this article, any person ( c ) * who is the spouse of a person mentioned in paragraph ( a ) or ( b ) of this sub-article or of a person who is a citizen of Malta by virtue of article 3(1) or of article 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese Citizenship (Amendment) Act, 2000, and who has been married to that person for at least five years and is living with that person, or is the child under twenty-one years of age of such a person; or ( d ) who is the widow or the widower of a person mentioned in paragraph ( a ) or paragraph ( b ) of this subarticle or of a person who at the time of his or her death was a citizen of Malta by virtue of article 3(1) or of article 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese *see article 5 of Act XIII of 2001. Protection from discrimination on the grounds of race, etc. Amended by: LVIII. 1974.15; XIX. 1991.3. Citizenship (Amendment) Act, 2000, and who was still living with him or her at the time of his or her death and had been married to that person for at least five years or who would, but for the death of that person, have been so married for at least five years, or is the child under twenty-one years of age of such a person, shall be deemed to be a citizen of Malta by virtue of article 3(1) or of article 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese Citizenship (Amendment) Act, 2000: Provided that if the Minister responsible for matters relating to Maltese citizenship at any time by order declares that it is contrary to the public interest that a spouse as is mentioned in paragraph ( c ), or a widow or widower as is mentioned in paragraph ( d ), or a child over eighteen years of age as is mentioned in paragraph ( c ) or ( d ) is to be so deemed, or to continue to be so deemed, such spouse, widow, widower or child, as the case may be, shall thereupon cease to be deemed to be a citizen of Malta as aforesaid: Provided further that the Minister responsible for matters relating to Maltese citizenship shall not be required to assign any reason for the issue of any order referred to in the immediately preceding proviso, and the decision of the Minister on any such order shall not be subject to appeal to or review in any court.

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Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026 · legislation.mt · Retrieved 18 August 2026.

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