GENOVESE v. MALTA JUDGMENT
1
In the case of Genovese v. Malta,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
Päivi Hirvelä,
George Nicolaou,
Ledi Bianku, judges,
Geoffrey Valenzia, ad hoc judge,
and Lawrence Early, Section Registrar,
Having deliberated in private on 20 September 2011,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 53124/09) against Malta
lodged with the Court under Article 34 of the Convention for the Protection
of Human Rights and Fundamental Freedoms (“the Convention”) by a
British national, Mr Ben Alexander Genovese (“the applicant”), on
24 September 2009.
2. The applicant was represented by Dr K. Dingli, Dr A. Bencini and
Dr L. Mifsud Cachia, lawyers practising in Valletta. The Maltese
Government (“the Government”) were represented by their Agent, Dr Silvio
Camilleri and later Dr Peter Grech.
3. The applicant alleged that the Maltese law provisions regulating
acquisition of citizenship by descent, discriminated against him on the basis
of his illegitimate status.
4. On 9 February 2010 the President of the Fourth Section decided to
give notice of the application to the Government. It was also decided to rule
on the admissibility and merits of the application at the same time
(Article 29 § 1).
5. The Government of the United Kingdom, who had been notified by
the Registrar of their right to intervene in the proceedings (Article 36 § 1 of
the Convention and Rule 44), did not indicate that they intended to do so.
6. Mr V. De Gaetano, the judge elected in respect of Malta, was unable
to sit in the case (Rule 28 of the Rules of Court). The President of the
Chamber accordingly appointed Mr Geoffrey Valenzia to sit as an ad hoc
judge (Rule 29 § 1(b)).