The President of Malta is the constitutional head of state of Malta. The President is appointed by a resolution of the House of Representatives of Malta for a five-year term, taking an oath to "preserve, protect and defend" the Constitution. The President of Malta also resides directly or indirectly in all three branches of the state. They are part of Parliament and responsible for the appointment of the judiciary. Executive authority is nominally vested in the President, but is in practice exercised by the Prime Minister.
A person shall not be qualified to be appointed President if:
They are not a citizen of Malta;
They hold or have held the office of Chief Justice or other Judge of the Superior Courts;
They are not eligible for appointment to or to act in any public office in accordance with articles 109, 118 and 120 of the Constitution.
Assumption of office
Before assuming office the nominee must take the oath of office before the House of Representatives of Malta. The oath reads: I,, solemnly swear/affirm that I will faithfully execute the office of President of Malta, and will, to the best of my ability preserve, protect and defend the Constitution of Malta..
Temporary vacancy
Whenever the office of President is temporarily vacant; until a new President is appointed; and whenever the holder of the office is absent from Malta, on vacation, or is for any reason unable to perform the functions conferred upon them by the Constitution, those functions are performed by an individual appointed by the Prime Minister, after consultation with the Leader of the Opposition.
The President names the Prime Minister with the President making his or her decision based on the situation within the Maltese parliament.
The President names most members of constitutional bodies.
The President receives foreign ambassadors.
The President may grant a pardon to convicted criminals; the president can also lessen or suppress criminal sentences, acting on the advice of Cabinet or the Minister delegated by Cabinet with such responsibility.
The President is ex officio Head of the Maltese Honours.
The President is ex officio Chairman of the Malta Community Chest Fund, a charitable non-governmental institution aimed to help philanthropic institutions and individuals. The President’s spouse is the Deputy Chairperson.
The President authorises recognition in Malta of honours, awards and decorations. No title of nobility, honour, award, decoration, membership or office may be used in Malta unless it is authorised by the President. The names of those persons so authorized are published in the Government Gazette.
The role of the President is detailed in a publication called Il-Manwal tal-President tar-Repubblika written by former President Ugo Mifsud Bonnici.
The Presidents of Malta used the national flag as their presidential standard prior to 12 December 1998, when a proclamation established the Presidential Flag of Malta. The flag is flown on the President's official residences and offices and on all occasions at which they are present.
Termination of appointment
The office of President shall become vacant:
If the President resigns his office;
On the expiration of five years from the date of the appointment to that office;
If the holder of the office is removed from office by Resolution of the House of Representatives of Malta on the ground of inability to perform the functions of their office or misbehaviour;
