Rather than brushing aside the crisis by issuing a press release, President George Vella is bound to ensure that the prime minister complies with the rule of law and enjoys the confidence of his MPs, constitutional law expert Kevin Aquilina has said.

“Mr President, there is a constitutional, legal and moral duty for you to act and to act forthwith. This is what the Constitution commands you to do,” Prof. Aquilina says in an opinion piece published today.

The piece was written in reaction to Dr Vella’s recent statement that, as Head of State, he has no legal or constitutional grounds to act in the present crisis.

In his analysis, Prof. Aquilina takes the President to task over his “disturbing” statement issued last Sunday. He accuses the guardian of the constitution of seeming to take lightly his oath of office.

The President, he says, had not even attempted perfunctorily to establish whether the prime minister still enjoys a majority support in his parliamentary group, which would never commit itself publicly on this.

Has he summoned the parliamentary group to establish whether today the Deputy Prime Minister enjoys more support in the government parliamentary group than the prime minister?

In terms of section 80 of the constitution, Prof Aquilina says, the president acts on his own individual judgment when he appoints and removes a prime minister from office and does not need the advice of the prime minister or the cabinet to do so. By not checking this matter out, is he not refraining from exercising his constitutional duty?

Section 80 reads that: “Wherever there shall be occasion for the appointment of a Prime Minister, the President shall appoint as Prime Minister the member of the House of Representatives who, in his judgment, is best able to command the support of a majority of the members of that House...”

Had he tried to establish whether the deputy prime minister enjoys more support than the prime minister?

“Being guardian of the Constitution means taking a proactive approach to constitutional problems: issuing a press release informing readers that to act in the current constitutional crisis brings the President in breach of the constitution is not tantamount to “preserve, protect and defend the Constitution of Malta,” writes Prof. Aquilina.

“Otherwise, these words would mean nothing and the President can stay put and continue to witness the country falling into pieces.”