ADPD plans to appeal a court ruling that dismissed its constitutional challenge over the allocation of additional parliamentary seats to the two main parties following the 2022 general election.
The Green Party, ADPD, has long called for electoral reforms to ensure proportional voting representation, maintaining that the current system undermines democratic equality and rules favouring the Labour and Nationalist parties.
Speaking outside the courts on Monday, shortly after the verdict, chairperson Sandra Gauci said: “We will appeal as we believe that every vote counts and that every vote should be represented".
The constitutional case raised by ADPD in 2022 argued that Malta’s electoral laws discriminate against smaller parties. Their challenge was based on provisions of the law, which say that the allocation of extra seats in parliament to reflect proportionality with votes only applies to parties already represented in parliament; the same provision governs the allocation of gender-balancing seats, further compounding the disadvantage for smaller parties.
Carmel Cacopardo, the party’s deputy leader, explained the reasoning behind Judge Ian Spiteri Bailey's decision on Monday.
“Firstly, the constitution cannot contradict itself, and because of that, it cannot be contested. Secondly, the court decided that the constitution is not subject to the European Convention on Human Rights,” he said.
Despite this outcome, ADPD remains resolute in its fight for electoral reform.
“We will appeal, and if the Court of Appeal does not rule in favour, we will continue to raise the issue with the European Court of Human Rights in Strasbourg,” Cacopardo added.
During the 2022 general election, ADPD saw its support increase but did not secure parliamentary representation. Subsequent MEP and local council elections in 2024 delivered mixed results, with the party winning two local council seats but struggling in the European Parliament elections, where controversial far-right candidate Norman Lowell received more than double ADPD’s first-count votes.
'No alliances with unprincipled people'
When asked about possibly forming a coalition with another third party or independent candidate, Cacopardo said Alternativa Demokratika had already done so when it joined forces with Partit Demokratiku.
"Nothing is excluded, but obviously, to form an alliance, they need to be of the same ideas. I cannot align myself with someone without principles.”