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)).

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