Article 44: Protection of freedom of movement

Chapter IV - Fundamental Rights and Freedoms of the Individual
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.
2
Any restriction on a citizen's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article.
3
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision -
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 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;
b
for the imposition of restrictions on the freedom of movement of any citizen of Malta who is not a citizen by virtue of section 3(1) or section 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese Citizenship (Amendment) Act, 2000;
c
for the imposition of restrictions upon the movement or residence within Malta of public officers; or
d
for the imposition of restrictions on the right of any person to leave Malta that are reasonably required in order to secure the fulfilment of any obligation imposed on that person by law,
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 -
a
who has emigrated from Malta (whether before, on or after the appointed day) and, having been a citizen of Malta by virtue of section 3(1) or section 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese Citizenship (Amendment) Act, 2000, has ceased to be such a citizen; or
b
who emigrated from Malta before the appointed day and, but for his having ceased to be a citizen of the United Kingdom and Colonies before that day, would have become a citizen of Malta by virtue of section 3(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese Citizenship (Amendment) Act, 2000; or
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 section 3(1) or section 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 sub-article or of a person who at the time of his or her death was a citizen of Malta by virtue of section 3(1) or section 5(1) of the Maltese Citizenship Act as in force upon the coming into force of the Maltese 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 section 3(1) or section 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.

Amendment History

2000-02-03 - Amendment regarding citizenship provisions

Legal Reference: Act III of 2000

Related Articles

Notes

This article guarantees freedom of movement for Maltese citizens, including the right to move freely throughout Malta, reside in any part of Malta, and leave and enter Malta, with certain limitations.