Adopted on: ۱۶ Aug ۱۹۶۰
Part ۱ General Provisions
Article ۱ []
The State of Cyprus is an independent and sovereign Republic with a
presidential regime٫ the President being Greek and the Vice-President being
Turk elected by the Greek and the Turkish Communities of Cyprus respectively as
hereinafter in this Constitution provided.
Article ۲ []
For the purposes of this Constitution:
(۱) the Greek Community comprises all citizens of the Republic who are of Greek
origin and whose mother tongue is Greek or who share the Greek cultural
traditions or who are members of the Greek-Orthodox Church;
(۲) the Turkish Community comprises all citizens of the Republic who are of
Turkish origin and whose mother tongue is Turkish or who share the Turkish
cultural traditions or who are Moslems;
(۳) citizens of the Republic who do not come within the provisions of paragraph
(۱) or (۲) of this Article shall٫ within three months of the date of the coming
into operation of this Constitution٫ opt to belong to either the Greek or the
Turkish Community as individuals٫ but٫ if they belong to a religious group٫
shall so opt as a religious group and upon such option they shall be deemed to
be members of such Community:
Provided that any citizen of the Republic who belongs to such a religious group
may choose not to abide by the option of such group and by a written and signed
declaration submitted within one month of the date of such option to the
appropriate officer of the Republic and to the Presidents of the Greek and the
Turkish Communal Chambers opt to belong to the Community other than that to
which such group shall be deemed to belong:
Provided further that if an option of such religious group is not accepted on
the ground that its members are below the requisite number any member of such
group may within one month of the date of the refusal of acceptance of such
option opt in the aforesaid manner as an individual to which Community he would
like to belong.
For the purposes of this paragraph a ” religious group ” means a group of
persons ordinarily resident in Cyprus professing the same religion and either
belonging to the same rite or being subject to the same jurisdiction thereof
the number of whom٫ on the date of the coming into operation of this
Constitution٫ exceeds one thousand out of which at least five hundred become on
such date citizens of the Republic;
(۴) a person who becomes a citizen of the Republic at any time after three
months of the date of the coming into operation of this Constitution shall
exercise the option provided in paragraph
(۳) of this Article within three months of the date of his so becoming a
citizen;
(۵) a Greek or a Turkish citizen of the Republic who comes within the
provisions of paragraph (۱) or (۲) of this Article may cease to belong to the
Community of which he is a member and belong to the other Community upon –
(a) a written and signed declaration by such citizen to the effect that he
desires such change٫ submitted to the appropriate officer of the Republic and
to the Presidents of the Greek and the Turkish Communal Chambers;
(b) the approval of the Communal Chamber of such other Community;
(۶) any individual or any religious group deemed to belong to either the Greek
or the Turkish Community under the provisions of paragraph (۳) of this Article
may cease to belong to such Community and be deemed to belong to the other
Community upon –
(a) a written and signed declaration by such individual or religious group to
the effect that such change is desired٫ submitted to the appropriate officer of
the Republic and to the Presidents of the Greek and the Turkish Communal
Chambers;
(b) the approval of the Communal Chamber of such other Community;
(۷) (a) a married woman shall belong to the Community to which her husband
belongs.
(b) a male or female child under the age of twenty-one who is not married shall
belong to the Community to which his or her father belongs٫ or٫ if the father
is unknown and he or she has not been adopted٫ to the Community to which his or
her mother belongs.
Article ۳ []
۱. The official languages of the Republic are Greek and Turkish.
۲. Legislative٫ execccutive and administrative acts and documents shall be
drawn up in both official languages and shall٫ where under the express
provisions of this Constitution promulgation is required٫ be promulgated by
publication in the official Gazette of the Republic in both official languages.
۳. Administrative or other official documents addressed to a Greek or a Turk
shall be drawn up in the Greek or the Turkish language respectively.
۴. Judicial proceedings shall be conducted or made and judgements shall be
drawn up in the Greek language if the parties are Greek٫ in the Turkish
language if the parties are Turkish٫ and in both the Greek and the Turkish
languages if the parties are Greek and Turkish. The official language or
languages to be used for such purposes in all other cases shall be specified by
the Rules of Court made by the High Court under Article ۱۶۳.
۵. Any text in the official Gazette of the Republic shall be published in both
official languages in the same issue.
۶. (۱) Any difference between the Greek and the Turkish texts of any
legislative٫ execccutive or administrative act or document published in the
official Gazette of the Republic٫ shall be resolved by a competent court.
(۲) The prevailing text of any law or decision of a Communal Chamber published
in the official Gazette of the Republic shall be that of the language of the
Communal Chamber concerned.
(۳) Where any difference arises between the Greek and the Turkish texts of an
execccutive or administrative act or document which٫ though not published in
the official Gazette of the Republic٫ has otherwise been published٫ a statement
by the Minister or any other authority concerned as to which text should
prevail or which should be the correct text shall be final and conclusive.
(۴) A competent court may grant such remedies as it may deem just in any case
of a difference in the texts as aforesaid.
۷. The two official languages shall be used on coins٫ currency notes and
stamps.
۸. Every person shall have the right to address himself to the authorities of
the Republic in either of the official languages.
Article ۴ []
۱. The Republic shall have its own flag of neutral design and colour٫ chosen
jointly by the President and the Vice-President of the Republic.
۲. The authorities of the Republic and any public corporation or public utility
body createeed by or under the laws of the Republic shall fly the flag of the
Republic and they shall have the right to fly on holidays together with the
flag of the Republic both the Greek and the Turkish flags at the same time.
۳. The Communal authorities and institutions shall have the right to fly on
holidays together with the flag of the Republic either the Greek or the Turkish
flag at the same time.
۴. Any citizen of the Republic or any body٫ corporate or unincorporate other
than public٫ whose members are citizens of the Republic٫ shall have the right
to fly on their premises the flag of the Republic or the Greek or the Turkish
flag without any restriction.
Article ۵ []
The Greek and the Turkish Communities shall have the right to cerebra
respectively the Greek and the Turkish national holidays.
Part ۲ Fundamental Rights and Liberties
Article ۶ [No Discrimination of Communities]
Subject to the express provisions of this Constitution no law or decision of
the House of Representatives or of any of the Communal Chambers٫ and no act or
decision of any organ٫ authority or person in the Republic exercising
execccutive power or administrative functions٫ shall discriminate against any
of the two Communities or any person as a person or by virtue of being a member
of a Community.
Article ۷ [Life٫ Personal Integrity]
۱. Every person has the right to life and corporal integrity.
۲. No person shall be deprived of his life except in the execccution of a
sentence of a competent court following his conviction of an offence for which
this penalty is provided by law. A law may provide for such penalty only in
cases of premeditated murder٫ high treason٫ piracy jure gentium and capital
offences under military law.
۳. Deprivation of life shall not be regarded as inflicted in contravention of
this Article when it results from the use of force which is no more than
absolutely necessary –
(a) in defence of person or property against the infliction of a
proportionate and otherwise unavoidable and irreparable evil;
(b) in order to effect an arrest or to prevent the escape of a person lawfully
detained;
(c) in action taken for the purpose of quelling a riot or insurrection when and
as provided by law.
Article ۸ [No Inhuman Punishment]
No person shall be subjected to torture or to inhuman or degrading punishment
or treatment.
Article ۹ [Social Security]
Every person has the right to a decent existence and to social security. A law
shall provide for the protection of the workers٫ assistance to the poor and for
a system of social insurance.
Article ۱۰ [No Slavery٫ Servitude٫ Forced Labor]
۱. No person shall be held in slavery or servitude.
۲. No person shall be required to perform forced or compulsory labour.
۳. For the purposes of this Article the term “forced or compulsory labour”
shall not include –
(a) any work required to be done in the ordinary course of detention imposed
according to the provisions of Article ۱۱ or during conditional release from
such detention;
(b) any service of a military charrracter if imposed or٫ in case of
conscientious objectttors٫ subject to their recognition by a law٫ service
exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the
life or well-being of the inhabitants.
Article ۱۱ [Liberty and Security of the Person]
۱. Every person has the right to liberty and security of person.
۲. No person shall be deprived of his liberty save in the following cases when
and as provided by law: –
(a) the detention of a person after conviction by a competent court;
(b) the arrest or detention of a person for non-compliance with the lawful
order of a court;
(c) the arrest or detention of a person effected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of havinggg
committed an offence or when it is reasonably considered necessary to prevent
his committing an
offence or fleeing after havinggg done so;
(d) the detention of a minor by a lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before the
competent legal authority;
(e) the detention of persons for the prevention of spreading of infectious
diseases٫ of persons of unsound mind٫ alcoholics or drug addicts or vagrants;
(f) the arrest or detention of a person to prevent him effecting an
unauthorised entry into the territory of the Republic or of an alien against
whom action is being taken with a view to deportation or extradition.
۳. Save when and as provided by law in case of a flagrant offence punishable
with death or imprisonment٫ no person shall be arrested save under the
authority of a reasoned judicial warrant issued according to the formalities
prescribed by the law.
۴. Every person arrested shall be informed at the time of his arrest in a
language which he understands of the reasons for his arrest and shall be
allowed to have the services of a lawyer of his own choosing.
۵. The person arrested shall٫ as soon as is practicable after his arrest٫ and
in any event not later than twenty-four hours after the arrest٫ be brought
before a judge٫ if not earlier released.
۶. The judge before whom the person arrested is brought shall promptly proceed
to inquire into the grounds of the arrest in a language understandable by the
person arrested and shall٫ as soon as possible and in any event not later than
three days from such appearance٫ either release the person arrested on such
terms as he may deem fit or where the investigation into the commission of the
offence for which he has been arrested has not been completed remand him in
custody and may remand him in custody from time to time for a period not
exceeding eight days at any one time:
Provided that the total period of such remand in custody shall not exceed three
months of the date of the arrest on the expiration of which every person or
authority havinggg the custody of the person arrested shall forthwith set him
free.
Any decision of the judge under this paragraph shall be subject to appeal.
۷. Every person who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings by which the lawfulness of his detention shall be
decided speedily by a court and his release ordered if the detention is not
lawful.
۸. Every person who has been the victim of arrest or detention in contravention
of the provisions of this Article shall have an enforceable right to
compensation.
Article ۱۲ [Habeas Corpus٫ Double Jeopardy٫ Proportionality of Punishment٫
Presumtion of Innocence٫ Right to Defence]
۱. No person shall be held guilty of any offence on account of any act or
omission which did not constitute an offence under the law at the time when it
was committed; and no person shall have a heavier punishment imposed on him
for an offence other
than that expressly provided for it by law at the time when it was committed.
۲. A person who has been acquitted or convicted of an offence shall not be
tried again for the same offence. No person shall be punished twice for the
same act or omission except where death ensues from such act or omission.
۳. No law shall provide for a punishment which is disproportionate to the
gravity of the offence.
۴. Every person charrrged with an offence shall be presumed innocent until
proved guilty according to law.
۵. Every person charrrged with an offence has the following minimum rights: –
(a) to be informed promptly and in a language which he understands and in
detail of the nature and grounds of the charrrge preferred against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through a lawyer of his own choosing or٫ if
he has no sufficient means to pay for legal assistance٫ to be given free legal
assistance when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same conditions
as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or
speak the language used in court.
۶. A punishment of general confiscation of property is prohibited.
Article ۱۳ [Moving]
۱. Every person has the right to move freely throughout the territory of the
Republic and to reside in any part thereof subject to any restrictions imposed
by law and which are necessary only for the purposes of defence or public
health or provided as punishment to be passed by a competent court.
۲. Every person has the right to leave permanently or temporarily the territory
of the Republic subject to reasonable restrictions imposed by law.
Article ۱۴ [No Banishment]
No citizen shall be banished or excluded from the Republic under any
circumstances.
Article ۱۵ [Privacy]
۱. Every person has the right to respect for his private and
family life.
۲. There shall be no interference with the exercise of this right except such
as is in accordance with the law and is necessary only in the interests of the
security of the Republic or the constitutional order or the public safety or
the public order or the public health or the public morals or for the
protection of the rights and liberties guaranteed by this Constitution to any
person.
Article ۱۶ [Home]
۱. Every person”s dwelling house is inviolable.
۲. There shall be no entry in any dwelling house or any search therein except
when and as provided by law and on a judicial warrant duly reasoned or when the
entry is made with the express consent of its occupant or for the purpose of
rescuing the victims of any offence of violence or of any disaster.
Article ۱۷ [Communication]
۱. Every person has the right to respect for٫ and to the secrecy of٫ his
correspondence and other communication if such other communication is made
through means not prohibited by law.
۲. There shall be no interference with the exercise of this right except in
accordance with the law and only in cases of convicted and unconvicted
prisoners and business correspondence and communication of bankrupts during the
bankruptcy administration.
Article ۱۸ [Thought٫ Conscience٫ Religion]
۱. Every person has the right to freedom of thought٫ conscience and religion.
۲. All religions whose doctrines or rites are not secret are free.
۳. All religions are equal before the law. Without prejudice to the competence
of the Communal Chambers under this Constitution٫ no legislative٫ execccutive
or administrative act of the Republic shall discriminate against any religious
institution or religion.
۴. Every person is free and has the right to profess his faith and to manifest
his religion or belief٫ in worship٫ teaching٫ practice or observance٫ either
individually or collectively٫ in private or in public٫ and to change his
religion or belief.
۵. The use of physical or moral compulsion for the purpose of making a person
change or preventing him from changing his religion is prohibited.
۶. Freedom to manifest one”s religion or belief shall be subject only to
such limitations as are prescribed by law and are necessary in the interests of
the security of the Republic or the constitutional order or the public safety
or the public order or the public health or the public morals or for the
protection of
the rights and liberties guaranteed by this Constitution to any person.
۷. Until a person attains the age of sixteen the decision as to the religion to
be professed by him shall be taken by the person havinggg the lawful
guardianship of such person.
۸. No person shall be compelled to pay any tax or duty the proceeds of which
are specially allocated in whole or in part for the purposes of a religion
other than his own.
Article ۱۹ [Speech٫ Expression]
۱. Every person has the right to freedom of speech and expression in any form.
۲. This right includes freedom to hold opinions and receive and impart
information and ideas without interference by any public authority and
regardless of frontiers.
۳. The exercise of the rights provided in paragraphs ۱ and ۲ of this Article
may be subject to such formalities٫ conditions٫ restrictions or penalties as
are prescribed by law and are necessary only in the interests of the security
of the Republic or the constitutional order or the public safety or the public
order or the public health or the public morals or for the protection of the
reputation or rights of others or for preventing the disclosure of information
received in confidence or for maintaining the authority and impartiality of the
judiciary.
۴. Seizure of newspapers or other printed matter is not allowed without the
written permission of the Attorney-General of the Republic٫ which must be
confirmed by the decision of a competent court within a period not exceeding
seventy-two hours٫ failing which the seizure shall be lifted.
۵. Nothing in this Article contained shall prevent the Republic from requiring
the licensing of sound and vision broadcasting or cinema enterprises.
Article ۲۰ [Education]
۱. Every person has the right to receive٫ and every person or institution has
the right to give٫ instruction or education subject to such formalities٫
conditions or restrictions as are in accordance with the relevant communal law
and are necessary only in the interests of the security of the Republic or the
constitutional order or the public safety or the public order or the public
health or the public morals or the standard and quality of education or for the
protection of the rights and liberties of others including the right of the
parents to secure for their children such education as is in conformity with
their religious convictions.
۲. Free primary education shall be made available by the Greek and the Turkish
Communal Chambers in the respective communal primary schools.
۳. Primary education shall be compulsory for all citizens of such school age as
may be determined by a relevant communal law.
۴. Education٫ other than primary education٫ shall be made available by the
Greek and the Turkish Communal Chambers٫ in deserving and appropriate cases٫ on
such terms and conditions as may be determined by a relevant communal law.
Article ۲۱ [Assembly٫ Association]
۱. Every person has the right to freedom of peaceful assembly.
۲. Every person has the right to freedom of association with others٫ including
the right to form and to join trade unionnns for the protection of his
interests. Notwithstanding any restriction under paragraph ۳ of this Article٫
no person shall be compelled to join any association or to continue to be a
member thereof.
۳. No restrictions shall be placed on the exercise of these rights other than
such as are prescribed by law and are absolutely necessary only in the
”interests of the security of the Republic or the constitutional order or
the public safety or the public order or the public health or the public morals
or for the protection of the rights and liberties guaranteed by this
Constitution to any person٫ whether or not such person participates in such
assembly or is a member of such association.
۴. Any association the objecttt or activities of which are contrary to the
constitutional order is prohibited.
۵. A law may provide for the imposition of restrictions on the exercise of
these rights by members of the armed forces٫ the police or gendarmerie.
۶. Subject to the provisions of any law regulating the establishment or
incorporation٫ membership (including rights and obligations of members)٫
management and administration٫ and winding up and dissolution٫ the provisions
of this Article shall also apply to the formation of companies٫ societies and
other associations functioning for profit.
Article ۲۲ [Marriage٫ Family]
۱. Any person reaching nubile age is free to marry and to found a family
according to the law relating to marriage٫ applicable to such person under the
provisions of this Constitution.
۲. The provisions of paragraph ۱ of this Article shall٫ in the following cases٫
be applied as follows: –
(a) if the law relating to marriage applicable to the parties as provided under
Article ۱۱۱ is not the same٫ the parties may elect to have their marriage
governed by the law applicable to either of them under such Article;
(b) if the provisions of Article ۱۱۱ are not applicable to any of the parties
to the marriage and neither of such parties is a member of the Turkish
Community٫ the marriage shall be governed by a law of the Republic which the
House of Representatives shall make and which shall not contain any
restrictions other than those relating to age٫ health٫ proximity of
relationship and prohibition of polygamy;
(c) if the provisions of Article ۱۱۱ are applicable only to one of the parties
to the marriage and the other party is not a member of the Turkish Community٫
the marriage shall be governed by the law of the Republic as in sub-paragraph
(b) of this paragraph provided:
Provided that the parties may elect to have their marriage governed by the law
applicable٫ under Article ۱۱۱٫ to one of such parties in so far as such law
allows such marriage.
۳. Nothing in this Article contained shall٫ in any way٫ affect the rights٫
other than those on marriage٫ of the Greek-Orthodox Church or of any religious
group to which the provisions of paragraph ۳ of Article ۲ shall apply with
regard to their respective members as provided in this Constitution.
Article ۲۳ [Property]
۱. Every person٫ alone or jointly with others٫ has the right to acquire٫ own٫
possess٫ enjoy or dispose of any movable or immovable property and has the
right to respect for such right.
The right of the Republic to underground water٫ minerals and antiquities is
reserved.
۲. No deprivation or restriction or limitation of any such right shall be made
except as provided in this Article.
۳. Restrictions or limitations which are absolutely necessary in the interest
of the public safety or the public health or the public morals or the town and
country planning or the development and utilisation of any property to the
promotion of the public benefit or for the protection of the rights of others
may be imposed by law on the exercise of such right.
Just compensation shall be promptly paid for any such restrictions or
limitations which materially decrease the economic value of such property:
such compensation to be determined in case of disagreement by a civil court.
۴. Any movable or immovable property or any right over or interest in any such
property may be compulsorily acquired by the Republic or by a municipal
corporation or by a Communal Chamber for the educational٫ religious٫
charrritable or sporting institutions٫ bodies or establishments within its
competence and only from the persons belonging to its respective Community or
by a public corporation or a public utility body on which such right has been
conferred by law٫ and only –
(a) for a purpose which is to the public benefit and shall be specially
provided by a general law for compulsory acquisition which shall be enacted
within a year from the date of the coming into operation of this Constitution;
and
(b) when such purpose is established by a decision of the acquiring authority
and made under the provisions of such law stating clearly the reasons for such
acquisition; and
(c) upon the payment in cash and in advance of a just and equitable
compensation to be determined in case of disagreement by a civil court.
۵. Any immovable property or any right over or interest in any such property
compulsorily acquired shall only be used for the purpose for which fit has been
acquired. If within three years of the acquisition such purpose has not been
attained٫ the acquiring authority shall٫ immediately after the expiration of
the said period of three years٫ offer the property at the price it has been
acquired to the person from whom it has been acquired. Such person shall be
entitled within three months of the receipt of such offer to signify his
acceptance or non-acceptance of the offer٫ and if he signifies acceptance٫ such
property shall be returned to him immediately after his returning such price
within a further period of three months from such acceptance.
۶. In the event of agricultural reform٫ lands shall be distributed only to
persons belonging to the same Community as the owner from whom such land has
been compulsorily acquired.
۷. Nothing in paragraphs ۳ and ۴ of this Article contained shall affect the
provisions of any law made for the purpose of levying execccution in respect
of any tax or penalty٫ execccuting any judgement٫ enforcing any contractual
obligation or for the prevention of danger to life or property.
۸. Any movable or immovable property may be requisitioned by the Republic or by
a Communal Chamber for the purposes of the educational٫ religious٫٫
charrritable or sporting institutions٫ bodies or establishments within its
competence and only where the owner and the person entitled to possession of
such property belong to the respective Community٫ and only –
(a) for a purpose which is to the public benefit and shall be specially
provided by a general law for requisitioning which shall be enacted within a
year from the date of the coming into operation of this Constitution; and
(b) when such purpose is established by a decision of the requisitioning
authority and made under the provisions of such law stating clearly the reasons
for such requisitioning; and
(c) for a period not exceeding three years; and
(d) upon the prompt payment in cash of a just and equitable compensation to be
determined in case of disagreement by a civil court.
۹. Notwithstanding anything contained in this Article no deprivation
restriction or limitation of the right provided in paragraph I of this Article.
in respect of any movable or immovable property belonging to any See٫
monastery٫ church or any other ecclesiastical corporation or any right over it
or interest therein shall be made except with the written consent of the
appropriate ecclesiastical authority being in control of such property and the
provisions of paragraphs ۳٫ ۴٫ ۷ and ۸ of this Article shall be subject to the
provisions of this paragraph:
Provided that restrictions or limitations for the purposes of town and country
planning under the provisions of paragraph ۳ of this Article are exempted from
the provisions of this paragraph.
۱۰. Notwithstanding anything contained in this Article٫ no deprivation٫
restriction or limitation of any right provided in paragraph ۱ of this Article
in respect of any vakf movable or immovable property٫ including the objecttts
and subjects of the vakfs and the properties belonging to the Mosques or to any
other Moslem religious institutions٫ or any right thereon or interest therein
shall be made except with the approval of the
Turkish Communal Chamber and subject to the Laws and Principles of Vakfs and
the provisions of paragraphs ۳٫ ۴٫ ۷ and ۸ of this Article shall be subject to
the provisions of this paragraph:
Provided that restrictions or limitations for the purposes of town and country
planning under the provisions of paragraph ۳ of this Article are exempted from
the provisions of this paragraph.
۱۱. Any interested person shall have the right of recourse to the court in
respect of or under any of the provisions of this Article٫ and such recourse
shall act as a stay of proceedings for the compulsory acquisition; and in
case of any restriction or limitation imposed under paragraph ۳ of this
Article٫ the court shall have power to order stay of any proceedings in respect
thereof.
Any decision of the court under this paragraph shall be subject to appeal.
Article ۲۴ [Duties]
۱. Every person is bound to contribute according to his means towards the
public burdens.
۲. No such contribution by way of tax٫ duty or rate of any kind whatsoever
shall be imposed save by or under the authority of a law.
۳. No tax٫ duty or rate of any kind whatsoever shall be imposed with
retrospective effect:
Provided that any import duty may be imposed as from the date of the
introduction of the relevant Bill.
۴. No tax٫ duty or rate of any kind whatsoever other than customs duties shall
be of a destructive or prohibitive nature.
Article ۲۵ [Profession٫ Work]
۱. Every person has the right to practice any profession or to carry on any
occupation٫ trade or business.
۲. The exercise of this right may be subject to such formalities٫ conditions or
restrictions as are prescribed by law and relate exclusively to the
qualifications usually required for the exercise of any profession or are
necessary only in the interests of the security of the Republic or the
constitutional order or the public safety or the public order or the public
health or the public morals or for the protection of the rights and liberties
guaranteed by this Constitution to any person or in the public interest:
Provided that no such formalities٫ conditions or restrictions purporting to be
in the public interest shall be prescribed by a law if such formality٫
condition or restriction is contrary to the interests of either Community.
۳. As an exception to the aforesaid provisions of this Article a law may
provide٫ if it is in the public interest٫ that certain enterprises of the
nature of an essential public service or
relating to the exploitation of sources of energy or other natural resources
shall be carried out exclusively by the Republic or a municipal corporation or
by a public corporate body createeed for the purpose by such law and
administered under the control of the Republic٫ and havinggg a capital which
may be derived from public and private funds or from either such source only:
Provided that. where such enterprise has been carried out by any person٫ other
than a municipal corporation or a public corporate body٫ the installations used
for such enterprise shall٫ at the request of such person٫ be acquired. on
payment of a just price٫ by the Republic or such municipal corporation or such
public corporate body٫ as the case may be.
Article ۲۶ [Contracts]
۱. Every person has the right to enter freely into any contract subject to such
conditions٫ limitations or restrictions as are laid down by the general
principles of the law of contract. A law shall provide for the prevention of
exploitation by persons who are commanding economic power.
۲. A law may provide for collective labour contracts of obligatory fulfilment
by employers and workers with adequate protection of the rights of any person٫
whether or not represented at the conclusion of such contract.
Article ۲۷ [Strike]
۱. The right to strike is recognised and its exercise may be regulated by law
for the purposes only of safeguarding the security of the Republic or the
constitutional order or the public order or the public safety or the
maintenance of supplies and services essential to the life of the inhabitants
or the protection of the rights and liberties guaranteed by this Constitution
to any person.
۲. The members of the armed forces٫ of the police and of the gendarmerie shall
not have the right to strike. A law may extend such prohibition to the members
of the public service.
Article ۲۸ [Equality٫ No Discrimination]
۱. All persons are equal before the law٫ the administration and justice and are
entitled to equal protection thereof and treatment thereby.
۲. Every person shall enjoy all the rights and liberties provided for in this
Constitution without any direct or indirect discrimination against any person
on the ground of his community٫ race٫ religion٫ language٫ sex٫ political
or other convictions٫ national or social descent٫ birth٫ colour٫ wealth٫ social
class٫ or on any ground whatsoever٫ unless there is express provision to the
contrary in this Constitution.
۳. No citizen shall be entitled to use or enjoy any privilege of any title of
nobility or of social distinction within the territorial limits of the
Republic.
۴. No title or nobility or other social distinction shall be conferred by or
recognised in the Republic.
Article ۲۹ [Petition]
۱. Every person has the right individually or jointly with others to address
written requests or complaints to any competent public authority and to have
them attended to and decided expeditiously; an immediate notice of any such
decision taken duly reasoned shall be given to the person making the request or
complaint and in any event within a period not exceeding thirty days.
۲. Where any interested person is aggrieved by any such decision or where no
such decision is notified to such person within the period specified in
paragraph ۱ of this Article٫ such person may have recourse to a competent court
in the matter of such request or complaint.
Article ۳۰ [Access to the Courts]
۱. No person shall be denied access to the court assigned to him by or under
this Constitution. The establishment of judicial committees or exceptional
courts under any name whatsoever is prohibited.
۲. In the determination of his civil rights and obligations or of any criminal
charrrge against him٫ every person is entitled to a fair and public hearing
within a reasonable time by an independent٫ impartial and competent court
established by law. Judgement shall be reasoned and pronounced in public
session٫ but the press and the public may be excluded from all or any part of
the trial upon a decision of the court where it is in the interest of the
security of the Republic or the constitutional order or the public order or the
public safety or the public morals or where the interests of juveniles or the
protection of the private life of the parties so require or٫ in special
circumstances where٫ in the opinion of the court٫ publicity would prejudice the
interests of justice.
۳. Every person has the right –
(a) to be informed of the reasons why he is required to appear before the
court;
(b) to present his case before the court and to have sufficient time necessary
for its preparation;
(c) to adduce or cause to be adduced his evidence and to examine witnesses
according to law;
(d) to have a lawyer of his own choice and to have free legal assistance where
the interests of justice so require and as provided by law;
(e) to have free assistance of an interpreter if he cannot understand or speak
the language used in court.
Article ۳۱ [Electoral Rights]
Every citizen has٫ subject to the provisions of this Constitution and any
electoral law of the Republic or of the relevant Communal Chamber made
thereunder٫ the right to vote in any election held under this Constitution or
any such law.
Article ۳۲ [Rights of Freigners]
Nothing in this Part contained shall preclude the Republic from regulating by
law any matter relating to aliens in accordance with International Law.
Article ۳۳ [Limitations٫ Restrictions٫ Interpretation]
۱. Subject to the provisions of this Constitution relating to a state of
emergency٫ the fundamental rights and liberties guaranteed by this Part shall
not be subjected to any other limitations or restrictions than those in this
Part provided.
۲. The provisions of this Part relating to such limitations or restrictions
shall be interpreted strictly and shall not be applied for any purpose other
than those for which they have been prescribed.
Article ۳۴ [Defensive State]
Nothing in this Part may be interpreted as implying for any Community٫ group or
person any right to engage in any activity or perform any act aimed at the
undermining or destruction of the constitutional order established by this
Constitution or at the destruction of any of the rights and liberties set forth
in this Part or at their limitation to a greater extent than is provided for
therein.
Article ۳۵ [Binding on all Powers]
The legislative٫ execccutive and judicial authorities of the Republic shall be
bound to secure٫ within the limits of their respective competence٫ the
efficient application of the provisions of this Part.
Part ۳ The President of the Republic٫ The Vice President of the Republic and
the Council of Ministers
Article ۳۶ []
The President of the Republic is the Head of the State and takes precedence
over all persons in the Republic. The Vice-President of the Republic is the
Vice-Head of the State and takes precedence over all persons in the Republic
next after the President of the Republic. Deputising for or replacing the
President of the Republic in case of his temporary absence or temporary
incapacity to perform his duties is made as provided in paragraph ۲ of this
Article.
In the event of a temporary absence or a temporary incapacity to perform the
duties of the President or of the Vice-President of the Republic٫ the President
or the Vice-President of the
House of Representatives and٫ in case of his absence or pending the filling of
a vacancy in any such office٫ the Representative acting for him under Article
۷۲ shall act for the President or the Vice-President of the Republic
respectively during such temporary absence or temporary incapacity.
Article ۳۷ []
The President of the Republic as Head of the State –
(a) represents the Republic in all its official functions;
(b) signs the credentials of diplomatic envoys appointed under Article ۵۴ and
receives the credentials of foreign diplomatic envoys who shall be accredited
to him;
(c) signs –
(i) the credentials of delegates appointed under Article ۵۴ for the negotiation
of international treaties٫ conventions or other agreements٫ or for signing any
such treaties٫ conventions or agreements already negotiated٫ in accordance
with٫ and subject to٫ the provisions of this Constitution;
(ii) the letter relating to the transmission of the instruments of ratification
of any international treaties٫ conventions or agreements approved as provided
in this Constitution;
(d) confers the honours of the Republic.
Article ۳۸ []
۱. The Vice-President of the Republic as Vice-Head of the State has the right
to –
(a) be present in all official functions;
(b) be present at the presentation of the credentials of the foreign diplomatic
envoys;
(c) recommend to the President of the Republic the conferment of honours of the
Republic on members of the Turkish Community which recommendation the President
shall accept unless there are grave reasons to the contrary. The honours so
conferred will be presented to the recipient by the Vice-
President if he so desires.
۲. For the purposes of sub-paragraphs (a) and (b) of paragraph ۱ of this
Article٫ the necessary information shall be given to the Vice-President of the
Republic in writing in sufficient time before any such event.
Article ۳۹ []
۱. The election of the President and the Vice-President of the Republic shall
be direct٫ by universal suffrage and secret ballot٫ and shall٫ except in the
case of a by-election٫ take place on the same day but separately: Provided that
in either case if there is only one candidate for election that candidate shall
be declared as elected.
۲. The candidate who receives more than fifty per centum of the votes validly
cast shall be elected. If none of the candidates attains the required majority
the election shall be repeated on the corresponding day of the week next
following between the two candidates who received the greater number of the
votes validly cast and the candidate who receives at such repeated election the
greatest number of the votes validly cast shall be deemed to be elected.
۳. If the election cannot take place on the date fixed under this Constitution
owing to extraordinary and unforeseen circumstances such as earthquake٫ floods٫
general epidemic and the like٫ then such election shall take place on the
corresponding day of the week next following.
Article ۴۰ []
A person shall be qualified to be a candidate for election as President
Vice-President of the Republic if at the time of election such person –
(a) is a citizen of the Republic;
(b) has attained the age of thirty-five years;
(c) has not been٫ on or after the date of the coming into operation of this]
Constitution٫ convicted of an offence involving dishonesty or moral turpitude
or is not under any disqualification imposed by a competent court for any
electoral offence;
(d) is not suffering from a mental disease incapacitating such person from
acting as President or Vice-President of the Republic.
Article ۴۱ []
۱. The office of the President and of the Vice-President of the Republic shall
be incompatible with that of a Minister or of a Representative or of a member
of a Communal Chamber or of a member of any municipal council including a Mayor
or of a member of the armed or security forces of the Republic or with a public
or municipal office. For the purposes of this Article “public office” means any
office of profit in the public service of the Republic or of a Communal
Chamber٫ the emoluments of which are under the control either of the Republic
or of a Communal Chamber٫ and includes any office in any public corporation or
public utility body.
۲. The President and the Vice-President of the Republic shall not٫ during their
term of office٫ engage either directly or indirectly٫ either for their own
account or for the account of any other person٫ in the exercise of any profit
or non-profit making business or profession.
Article ۴۲ []
۱. The President and the Vice-President of the Republic are invested by the
House of Representatives before which they make the following affirmation: –
“I do solemnly affirm faith to٫ and respect for٫ the Constitution and the laws
made thereunder٫ the preservation of the independence and the territorial
integrity٫ of the Republic of Cyprus”. ۲. For this purpose the House of
Representatives shall meet on the date the five years” period of office of
the outgoing President and the outgoing Vice-President of the Republic expires٫
and in the case of a by-election under paragraph ۴ of Article ۴۴ on the third
day from the date of such by-election.
Article ۴۳ []
۱. The President and the Vice-President of the Republic shall
hold office for a period of five years commencing on the date of their
investiture and shall continue to hold such office until the next elected
President and Vice-President of the Republic are invested.
۲. The President or the Vice-President of the Republic elected at a by-election
under paragraph ۴ of Article ۴۴ shall hold office for the unexpired period of
office of the President or the Vice-President of the Republic٫ as the case may
be٫ whose vacancy he has been elected to fill.
۳. The election of a new President and Vice-President of the Republic shall
take place before the expiration of the five years” period of office of the
outgoing President and the outgoing Vice-President of the Republic so as to
enable the newly-elected President and Vice-President of the Republic to be
invested on the date such period expires.
Article ۴۴ []
۱. The office of the President or the Vice-President of the Republic shall
become vacant –
(a) upon his death;
(b) upon his written resignation addressed to the House of Representative
through٫ and received by٫ its President or Vice-
President respectively;
(c) upon his conviction of high treason or any other offence involving
dishonesty or moral turpitude;
(d) upon such permanent physical or mental incapacity or such absence٫ other
than temporary٫ as would prevent him to perform effectively his duties.
۲. In the event of a vacancy in the office of the President or the Vice
President of the Republic٫ the President or the Vice-
President of the House of Representatives respectively shall act٫ during such
vacancy٫ as President or Vice-President of the Republic٫ respectively.
۳. The Supreme Constitutional Court shall decide on any question arising out of
sub-paragraph (d) of paragraph ۱ of this Article on a motion by the
Attorney-General and the Deputy Attorney-General of the Republic upon a
resolution of the Representatives belonging to the same Community as the
President or the Vice-President of the Republic respectively٫ carried by a
simple majority: Provided that no such resolution shall be taken and no item
shall be entered on the agenda or debated in the House of Representatives in
connection therewith unless the proposal for such resolution is signed by at
least one fifth of the total number of such Representatives.
۴. In the event of a vacancy in the office of either the President or the
Vice-President of the Republic٫ the vacancy shall be filled by a by-election
which shall take place within a period not exceeding forty-five days of the
occurrence of such vacancy.
Article ۴۵ []
The President or the Vice-President of the Republic shall not be liable to any
criminal prosecution during his term of office except under the provisions of
this Article.
The President or the Vice-President of the Republic may be prosecuted for high
treason on a charrrge preferred by the Attorney-General and the Deputy
Attorney-General of the Republic before the High Court upon a resolution of the
House
of Representatives carried by a secret ballot and a majority of three-fourths
of the total number of Representatives: Provided that no such resolution shall
be taken and no item shale be entered on the agenda or debated in the House of
Representatives in connection therewith unless the proposal for such resolution
is signed by at least one-fifth of the total number of Representatives.
The President or the Vice-President of the Republic may be prosecuted for an
offence involving dishonesty or moral turpitude upon a charrrge preferred by
the Attorney-General and the Deputy Attorney-General of the Republic before the
High Court with the leave of the President of the High Court.
(۱) The President or the Vice-President of the Republic upon being prosecuted
under paragraph ۲ or ۳ of this Article shall be suspended from the performance
of any of the functions of his office and thereupon the provisions of paragraph
۲ of Article ۳۶ shall apply. (۲) The President or the Vice-President of the
Republic on any such prosecution shall be tried by the High Court; on his
conviction his office shall become vacant and on his acquittal he shall resume
the performance of the functions of his office.
Subject to paragraphs ۲ and ۳ of this Article the President or the
Vice-President of the Republic shall not be liable to prosecution for any
offence committed by him in the execccution of his functions but he may be
prosecuted for any other offence committed during his term of office after he
ceases to hold office.
No action shall be brought against the President or the Vice-
President of the Republic in respect of any act or omission committed by him in
the exercise of any of the functions of his office: Provided that nothing in
this paragraph contained shall be construed as in any way depriving any person
of the right to sue the Republic as provided by law.
Article ۴۶ []
The execccutive power is ensured by the President and the Vice-
President of the Republic. The President and the Vice-President of the Republic
in order to ensure the execccutive power shall have a Council of Ministers
composed of seven Greek Ministers and three Turkish Ministers. The Ministers
shall be designated respectively by the President and the Vice-President of the
Republic who shall appoint them by an instrument signed by them both. The
Ministers may be chosen from outside the House of Representatives. One of the
following Ministries that is to say the Ministry of Foreign Affairs٫ the
Ministry of Defence or the Ministry of Finance٫ shall be entrusted to a Turkish
Minister. If the President and the Vice-President of the Republic agree they
may replace this system by a system of rotation. The Council of Ministers shall
exercise execccutive power as in Article ۵۴ provided. The decisions of the
Council of Ministers shall be taken by an absolute majority and shall٫ unless
the right of final veto or return is exercised by the President or the
Vice-President of the Republic or both in accordance with Article ۵۷٫ be
promulgated immediately by them by publication in the official Gazette of the
Republic in accordance with the provisions of Article ۵۷.
Article ۴۷ []
The execccutive power exercised by the President and the Vice-
President of the Republic conjointly consists of the following
matters that is to say: –
(a) determining the design and colour of the flag of the Republic as in Article
۴ provided;
(b) creation or establishment of the honours of the Republic;
(c) appointment by an instrument signed by them both of the members of the
Council of Ministers as in Article ۴۶ provided;
(d) promulgation by publication in the official Gazette of the Republic of the
decisions of the Council of Ministers as in Article ۵۷ provided;
(e) promulgation by publication in the official Gazette of the Republic of any
law or decision passed by the House of Representatives as in Article ۵۲
provided;
(f) appointments in Articles ۱۱۲٫ ۱۱۵٫ ۱۱۸٫ ۱۲۴٫ ۱۲۶٫ ۱۳۱٫ ۱۳۳٫ ۱۵۳ and ۱۸۴
provided; termination of appointments as in Article ۱۱۸ provided and of
appointments made under Article ۱۳۱;
(g) institution of compulsory military service as in Article ۱۲۹ provided;
(h) reduction or increase of the security forces as in Article ۱۳۰ provided;
(i) exercise of the prerogative of mercy in capital cases where the injured
party and the convicted person are members of different Communities as in
Article ۵۳ provided; remission٫ suspension and commutation of sentences as
in Article ۵۳ provided;
(j) right of reference to the Supreme Constitutional Court as in Article ۱۴۰
provided;
(k) publication in the official Gazette of the Republic of decisions of the
Supreme Constitutional Court as in Articles ۱۳۷٫ ۱۳۸٫ ۱۳۹ and ۱۴۳ provided;
(l) replacement by a system of rotation of the system of appointment of a
Turkish Minister to one of the three Ministries of Foreign Affairs or of
Defence or of Finance as in Article ۴۶ provided;
(m) exercise of any of the powers specified in paragraphs (d)٫ (e)٫ (f) and (g)
of Articles ۴۸ and ۴۹ and in Articles ۵۰ and ۵۱ which the President or the
Vice-President of the Republic respectively can exercise separately;
(n) address of messages to the House of Representatives as in Article ۷۹
provided.
Article ۴۸ []
The execccutive power exercised by the President of the Republic consists of
the following matters٫ that is to say: –
(a) designation and termination of appointment of Greek Ministers;
(b) convening the meetings of the Council of Ministers as in Article ”
provided٫ presiding at such meetings and taking part in the discussions thereat
without any right to vote;
(c) preparing the agenda of such meetings as in Article ۵۶ provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs٫ defence or security as in Article ۵۷ provided;
(e) right of return of decisions of the Council of Ministers as in Article ۵۷
provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs٫ defence or security as in Article ۵۰ provided;
(g) right of return of laws or decisions of the House of Representatives of the
Budget as in Article ۵۱ provided;
(h) right of recourse to the Supreme Constitutional Court as in Article ۱۳۷٫
۱۳۸ and ۱۴۳ provided;
(i) right of reference to the Supreme Constitutional Court as in Article ۱۴۱
provided;
(j) publication of the communal laws and decisions of the Greek Communal
Chamber as in Article ۱۰۴ provided;
(k) right of reference to the Supreme Constitutional Court of any law decision
of the Greek Communal Chamber as in Article ۱۴۲ provided;
(l) right of recourse to the Supreme Constitutional Court in connection with
any matter relating to any conflict or contest of power or competence arising
between the House of Representatives and the Communal Chambers or any of them
and between any organs of٫ or authorities in٫ the Republic as in Article ۱۳۹
provided;
(m) the prerogative of mercy in capital cases as in Article ۵۳ provided;
(n) the exercise of any of the powers specified in Article ۴۷ conjointly with
the Vice-President of the Republic;
(o) addressing messages to the House of Representatives as in Article ۷۹
provided.
Article ۴۹ []
The execccutive power exercised by the Vice-President of the Republic consists
of the following matters٫ that is to say: –
(a) designation and termination of appointment of Turkish Ministers;
(b) asking the President of the Republic for the convening of the Council of
Ministers as in Article ۵۵ provided and being present and taking part in the
discussions at all meetings of the Council of Ministers without any right to
vote;
(c) proposing to the President of the Republic subjects for inclusion in the
agenda as in Article ۵۶ provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs٫ defence or security as in Article ۵۷ provided;
(e) right of return of decisions of the Council of Ministers as in Article ۵۷
provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs٫ defence or security as in٫ Article ۵۰ provided;
(g) right of return of laws or decisions of the House of Representatives or of
the Budget as in Article ۵۱ provided;
(h) right of recourse to the Supreme Constitutional Court as in Articles ۱۳۷٫
۱۳۸ and ۱۴۳ provided;
(i) right of reference to the Supreme Constitutional Court as in
Article ۱۴۱ provided;
(j) publication of the communal laws and decisions of the Turkish Communal
Chamber as in Article ۱۰۴ provided;
(k) right of reference to the Supreme Constitutional Court of any law or
decision of the Turkish Communal Chamber as in Article ۱۴۲ provided;
(l) right of recourse to the Supreme Constitutional Court in connection with
any matter relating to any conflict or contest of power or competence arising
between the House of Representatives and the Communal Chambers or any of them
and between any organs of٫ or authorities in٫ the Republic as in Article ۱۳۹
provided;
(m) the prerogative of mercy in capital cases as in Article ۵۳ provided;
(n) the exercise of any of the powers specified in Article ۴۷ conjointly with
the President of the Republic;
(o) addressing messages to the House of Representatives as in Article ۷۹
provided.
Article ۵۰ []
۱. The President and the Vice-President of the Republic٫ separately or
conjointly٫ shall have the right of final veto on any law or decision of the
House of Representatives or any part thereof concerning –
(a) foreign affairs٫ except the participation of the Republic in international
organisations and pacts of alliance in which the Kingdom of Greece and the
Republic of Turkey both participate. For the purposes of this sub-paragraph
“foreign affairs” includes –
(i) the recognition of States٫ the establishment of diplomatic an consular
relations with other countries and the interruption of such relations. The
grant of acceptance to diplomatic representatives and of exequatur to consular
representatives. The assignment of diplomatic representatives and of consular
representatives٫ already in the diplomatic service٫ to posts abroad and the
entrusting of functions abroad to special envoys already in the diplomatic
service. The appointment and the assignment of persons٫ who are not already in
the diplomatic service٫ to any posts abroad as diplomatic or consular
representatives and the entrusting of functions abroad to persons٫ who are not
already in the diplomatic service٫ as special envoys;
(ii) the conclusion of international treaties٫ conventions and agreements;
(iii) the declaration of war and the conclusion of peace;
(iv) the protection abroad of the citizens of the Republic and of their
interests;
(v) the establishment٫ the status and the interests of aliens in the Republic;
(vi) the acquisition of foreign nationality by citizens of the Republic and
their acceptance of employment by٫ or their entering the service of٫ a foreign
Government;
(b) the following questions of defence: –
(i) composition and size of the armed forces and credits for them;
(ii) nomination of cadres and their promotions;
(iii) importation of war materials and also explosives of all kinds;
(iv) cession of bases and other facilities to allied countries;
(c) the following questions of security: –
(i) nominations of cadres and their promotions;
(ii) distribution and stationing of forces;
(iii) emergency measures and martial law;
(iv) police laws.
It is specified that the right of veto under sub-paragraph (c) above shall
cover all emergency measures or decisions٫ but not those which concern the
normal functioning of the police and the gendarmerie.
۲. The above right of veto may be exercised either against the whole of a law
or decision or against any part thereof٫ and in the latter case such law or
decision shall be returned to the House of Representatives for a decision
whether the remaining part thereof will be submitted٫ under the relevant
provisions of this Constitution٫ for promulgation.
۳. The right of veto under this Article shall be exercised within the period
for the promulgation of laws or decisions of the House of Representatives as in
Article ۵۲ provided.
Article ۵۱ []
۱. The President and the Vice-President of the Republic shall have the right٫
either separately or conjointly٫ to return any law or decision or any part
thereof of the House of Representatives to the House for reconsideration.
۲. On the adoption of the Budget by the House of Representatives the President
and the Vice-President of the Republic٫ either separately or conjointly٫ may
exercise his or their right to return it to the House of Representatives on the
ground that in his or their judgement there is a discrimination.
۳. In case a law or decision or any part thereof is returned to the House of
Representatives as in paragraph ۱ of this Article provided٫ the House of
Representatives shall pronounce on the matter so returned within fifteen days
of such return and in the case of return of the Budget as in paragraph ۲ of
this Article provided the House of Representatives shall pronounce on the
matter so returned within thirty days of such return.
۴. If the House of Representatives persists in its decision the President and
the Vice-President of the Republic shall٫ subject to the provisions of this
Constitution٫ promulgate the law or decision or the Budget٫ as the case may be٫
within the time limit fixed for the promulgation of laws and decisions of the
House of Representatives by publication of such law or decision or Budget in
the official Gazette of the Republic. ۵. Whenever the President or the
Vice-President of the Republic exercises his right to return as provided in
this Article he shall immediately notify the other of such return. ۶. The right
of return under this Article shall be exercised within the period for the
promulgation of laws or decisions of the House of Representatives as in Article
۵۲ provided.
Article ۵۲ []
The President and the Vice-President of the Republic shall٫ within fifteen days
of the transmission to their respective offices of any law or decision of the
House of Representatives٫ promulgate by publication in the official Gazette of
the Republic such law or decision unless in the meantime they exercise٫
separately or conjointly٫ as the case may be٫ their right of veto as in Article
۵۰ provided or their right of return as in Article ۵۱ provided or their right
of reference to the Supreme Constitutional Court as in Articles ۱۴۰ and ۱۴۱
provided or in the case of the Budget their right of recourse to the Supreme
Constitutional Court as in Article ۱۳۸ provided.
Article ۵۳ []
۱. The President or the Vice-President of the Republic shall have the right to
exercise the prerogative of mercy with regard to persons belonging to their
respective Community who are condemned to death.
۲. Where the person injured and the offender are members of different
Communities such prerogative of mercy shall be exercised by agreement between
the President and the Vice-
President of the Republic; in the event of disagreement between the two the
vote for clemency shall prevail.
۳. In case the prerogative of mercy is exercised under paragraph I or ۲ of this
Article the death sentence shall be commuted to life imprisonment.
۴. The President and the Vice-President of the Republic shall٫ on the unanimous
recommendation of the Attorney-General and the Deputy Attorney-General of the
Republic٫ remit٫ suspend٫ or commute any sentence passed by a court in the
Republic in all other cases.
Article ۵۴ []
Subject to the execccutive power expressly reserved٫ under Articles ۴۷٫ ۴۸ and
۴۹٫ to the President and the Vice-President of the Republic٫ acting either
separately or conjointly٫ the Council of Ministers shall exercise execccutive
power in all other matters other than those which٫ under the express provisions
of this Constitution٫ are within the competence of a Communal Chamber٫
including the following: –
(a) the general direction and control of the government of the Republic and the
direction of general policy;
(b) foreign affairs as in Article ۵۰ set out;
(c) defence and security٫ including questions thereof as in Article ۵۰ set out;
(d) the co-ordination and supervision of all public services;
(e) the supervision and disposition of property belonging to the Republic in
accordance with the provisions of this Constitution and the law;
(f) consideration of Bills to be introduced to the House of Representatives by
a Minister;
(g) making of any order or regulation for the carrying into effect of any law
as provided by such law;
(h) consideration of the Budget of the Republic to be introduced to the House
of Representatives.
Article ۵۵ []
The President of the Republic convenes the meetings of the Council of
Ministers. Such convening is made by the President of the Republic on his own
motion or on being asked by the Vice-President of the Republic in due time for
a specific subject.
Article ۵۶ []
The agenda of any meeting of the Council of Ministers is prepared by the
President of the Republic at his discretion and is communicated to all
concerned prior to such meeting. The Vice-President of the Republic may propose
to the President any subject for inclusion in the agenda of any meeting. The
President of the Republic shall include such subject in the agenda if it can
conveniently be dealt with at such meeting٫ otherwise such subject shall be
included in the agenda of the meeting next following.
Article ۵۷ []
۱. On a decision being taken by the Council of Ministers such decision shall be
transmitted forthwith to the office of the President and of the Vice-President
of the Republic respectively.
۲. The President or the Vice-President of the Republic or both shall have the
right of return٫ within four days of the date when the decision has been
transmitted to their respective offices٫ of such decision to the Council of
Ministers for reconsideration٫ whereupon the Council of Ministers shall
reconsider the matter and if they persist in such decision the President and
the Vice-
President of the Republic shall٫ subject to paragraph ۴ of this Article٫
promulgate by publication such decision: Provided that the exercise of the
right of return shall not٫ in cases where the right of veto exists٫ prevent
either the President or the Vice-
President of the Republic or both from exercising the right of veto٫ within
four days of the transmission to their respective offices٫ of the decision
persisted upon.
۳. If a decision relates to foreign affairs٫ defence or security as in Article
۵۰ set out٫ the President or the Vice-President of the Republic or both shall
have a right of veto which they shall exercise within four days of the date
when the decision has been transmitted to their respective offices.
۴. If the decision is enforceable and no right of veto or return has been
exercised as in paragraph ۲ or ۳ of this Article provided٫ such decision shall
be forthwith promulgated by the President and the Vice-President of the
Republic ”by publication in the official Gazette of the Republic unless the
Council of Ministers otherwise states in that decision.
Article ۵۸ []
A Minister is the Head of his Ministry.
Subject to the execccutive power expressly reserved٫ under this Constitution٫
to the President and the Vice-President of the Republic٫ acting either
separately or conjointly٫ and to the Council of Ministers٫ the execccutive
power exercised by each Minister includes the following matters: –
(a) the execccution of laws relating to٫ and the administration of all matters
and affairs usually falling within٫ the domain of his
Ministry;
(b) preparation of orders or regulations concerning his Ministry for submission
to the Council of Ministers;
(c) the issuing of directions and general instructions for the carrying out of
the provisions of any law relating to his Ministry and of any order or
regulation under such law;
(d) the preparation for submission to the Council of Ministers of the part of
the Budget of the Republic relating to his Ministry.
Article ۵۹ []
۱. No person shall be appointed as a Minister unless he is a citizen of the
Republic and has the qualifications required for a candidate for election as a
member of the House of Representatives.
۲. The office of a Minister shall be incompatible with that of a Representative
or of a member of a Communal Chamber or of a member of any municipal council
including a Mayor or of a member of the armed or security forces of the
Republic or with a public or municipal office or in the case of a Turkish
Minister with that of a religious functionary (din adami). For the purposes of
this paragraph “public office” has the same meaning as in Article ۴۱.
۳. The Ministers shall hold office in the case of the Greek Ministers until
their appointment is terminated by the President of the Republic and in the
case of the Turkish Ministers until their appointment is terminated by the
Vice-President of the Republic.
۴. Any person appointed as a Minister shall٫ before entering upon his office٫
make before the President and the Vice- President of the Republic the following
affirmation: –
“I do solemnly affirm faith to٫ and respect for٫ the Constitution and the laws
made thereunder٫ the preservation of the independence and the territorial
integrity٫ of the Republic of Cyprus.”
Article ۶۰ []
There shall be a Joint Secretariat of the Council of Ministers headed by two
Secretaries٫ one belonging to the Greek Community and the other belonging to
the Turkish Community٫ who shall be public officers.
The two Secretaries of the Joint Secretariat of the Council of Ministers shall
have charrrge of the Council of Ministers” Office and shall٫ in accordance
with any instructions as may be given to them by the Council of Ministers٫
attend its meetings and keep the minutes thereof and convey the decision of the
Council of Ministers to the appropriate organ or authority or person.
Part ۴ The House of Representatives
Article ۶۱ []
The legislative power of the Republic shall be exercised by the House of
Representatives in all matters except those expressly
reserved to the Communal Chambers under this Constitution.
Article ۶۲ []
۱. The number of Representatives shall be fifty:
Provided that such number may be altered by a resolution of the House of
Representatives carried by a majority comprising two-
thirds of the Representatives elected by the Greek Community and two-thirds of
the Representatives elected by the Turkish Community.
۲. Out of the number of Representatives provided in paragraph ۱ of this Article
seventy per centum shall be elected by the Greek Community and thirty per
centum by the Turkish Community separately from amongst their members
respectively٫ and in the case of a contested election٫ by universal suffrage
and by direct and secret ballot held on the same day.
The proportion of Representatives stated in this paragraph shall be independent
of any statistical data.
Article ۶۳ []
۱. Subject to paragraph ۲ of this Article every citizen of the Republic who has
attained the age of twenty-one years and has such residential qualifications as
may be prescribed by the Electoral Law shall have the right to be registered as
an elector in either the Greek or the Turkish electoral list:
Provided that the members of the Greek Community shall only be registered in
the Greek electoral list and the members of the Turkish Community shall only be
registered in the Turkish electoral list.
۲. No person shall be qualified to be registered as an elector who is
disqualified for such registration by virtue of the Electoral Law.
Article ۶۴ []
A person shall be qualified to be a candidate for election as a Representative
if at the time of the election that person –
(a) is a citizen of the Republic;
(b) has attained the age of twenty-five years;
(c) has not been٫ on or after the date of the coming into operation of this
Constitution٫ convicted of an offence involving dishonesty or moral turpitude
or is not under any disqualification imposed by a competent court for any
electoral offence;
(d) is not suffering from a mental disease incapacitating such person from
acting as a Representative.
Article ۶۵ []
۱. The term of office of the House of Representatives shall be for a period of
five years.
The term of office of the first House of Representatives shall commence on the
date of the coming into operation of this Constitution.
۲. The outgoing House shall continue in office until the
newly-elected House assumes office under paragraph I of this Article.
Article ۶۶ []
۱. A general election for the House of Representatives shall be held on the
second Sunday of the month immediately preceding the month in which the term of
office of the outgoing House expires.
۲. When a vacancy occurs in the seat of a Representative such vacancy shall be
filled by a by-election to be held within a period not exceeding forty-five
days of the occurrence of such vacancy on a date to be fixed by the House of
Representatives.
۳. If an election under paragraph ۱ or ۲ of this Article cannot take place on
the date fixed by or under this Constitution owing to extraordinary and
unforeseen circumstances such as earthquake٫ floods٫ general epidemic and the
like٫ then such election shall take place on the corresponding day of the week
next following.
Article ۶۷ []
۱. The House of Representatives may dissolve itself only by its own decision
carried by an absolute majority including at least one third of the
Representatives elected by the Turkish Community.
۲. Any such decision shall٫ notwithstanding anything contained in paragraph ۱
of Article ۶۵ and paragraph I of Article ۶۶٫ provide for the date of the
holding of the general election٫ which shall not be less than thirty days and
not more than forty days from the date of such decision٫ and also for the date
of the first meeting of the newly elected House which shall not be later than
fifteen days after such general election and until such date the outgoing House
shall continue to be in office.
۳. Notwithstanding anything in paragraph I of Article ۶۵ contained٫ the term of
office of the House of Representatives to be elected after dissolution shall be
for the unexpired period of the term of office of the dissolved House. IQ case
of dissolution within the last year of the five years” term of office٫ a
general election for the House of Representatives shall take place both for the
unexpired part of the term of office of the dissolved House٫ during which any
session of the newly elected House shall be considered to be an extraordinary
session٫ and for the subsequent five years” term of office.
Article ۶۸ []
Whenever a House of Representatives continues to be in office until the
assumption of office by a newly elected House under either paragraph ۲ of
Article ۶۵ or paragraph ۲ of Article ۶۷٫ such House shall not have power to
make any laws or to take any decisions on any matter except only in case of
urgent and exceptional unforeseen circumstances to be specifically stated in
the relevant law or decision.
Article ۶۹ []
A Representative before assuming duties as such in the House of Representatives
and at a public meeting thereof shall make the following affirmation: –
“I do solemnly affirm faith to٫ and respect for٫ the Constitution and the laws
made thereunder٫ the preservation of the independence and the territorial
integrity٫ of the Republic of Cyprus.”
Article ۷۰ []
The office of a Representative shall be incompatible with that of a Minister or
of a member of a Communal Chamber or of a member of any municipal council
including a Mayor or of a member of the armed or security forces of the
Republic or with a public or municipal office or٫ in the case of a
Representative elected by the Turkish Community٫ of a religious functionary
(din adami).
For the purposes of this Article “public office” means any office of profit in
the service of the Republic or of a Communal Chamber the emoluments of which
are under the control either of the Republic or of a Communal Chamber٫ and
includes any office in any public corporation or public utility body.
Article ۷۱ []
The seat of a Representative shall become vacant –
(a) upon his death;
(b) upon his written resignation;
(c) upon the occurrence of any of the circumstances referred to in paragraph ©
or (d) of Article ۶۴ or if he ceases to be a citizen of the Republic;
(d) upon his becoming the holder of an office mentioned in Article ۷۰.
Article ۷۲ []
۱. The President of the House of Representatives shall be a Greek٫ and shall be
elected by the Representatives elected by the Greek Community٫ and the
Vice-President shall be a Turk and shall be elected by the Representatives
elected by the Turkish Community. Each shall be elected separately as above at
the same meeting at the beginning and for the whole period of the term of
office of the House of Representatives.
۲. In case of any vacancy in either of the offices provided in paragraph ۱ of
this Article٫ an election as provided in such paragraph shall take place with
all due speed and at an extraordinary session if necessary in order to fill
such vacancy.
۳. In case of temporary absence or pending the filling of a vacancy as provided
in paragraph ۲ of this Article in either of the offices of the President or the
Vice-President of the House٫ their functions shall be performed by the eldest
Representative of the respective Community unless the Representatives of such
Community should otherwise decide.
۴. In addition to the President and the Vice-President of the House there shall
be appointed from amongst the Representatives and by the President and the
Vice-President of the House respectively two Greek and one Turkish Clerks of
the House and two Greek and one Turkish Administrative Clerks of the House who
shall be attached respectively to the office of the President and the
Vice-President of the House.
Article ۷۳ []
۱. Subject to the ensuing provisions of this Article٫ the House of
Representatives by its Standing Orders regulates any matter of parliamentary
procedure and of functions of its offices.
۲. There shall be a Committee to be known as the Committee of selectttion
consisting of the President of the House as Chairman٫ the Vice-President of the
House as Vice-Chairman and eight other members elected by the House of
Representatives at its meeting after the election of the President and the
Vice-President of the House٫ six from amongst the Representatives elected by
the Greek Community and two from amongst the Representatives elected by the
Turkish Community.
۳. The Committee of selectttion shall set up the Standing Committees and any
other temporary٫ ad hoc or special Committee of the House of Representatives
and shall appoint Representatives to be members thereof and in so doing due
regard should be had to the proposals made by the Greek and the Turkish
Communal groups or political party groups in the House for such setting up and
appointments. The appointments to such Committees shall be subject to the
provisions of the paragraph next following.
۴. The Greek and the Turkish Communal groups and political party groups in the
House of Representatives shall be adequately represented on each of the
Standing٫ and of any other temporary٫ ad hoc or special٫ Committee of the
House:
Provided that the total number of the seats on such Committees distributed
respectively to the Representatives elected by the Greek and the Turkish
Communities shall be in the same proportion as that in which the seats in the
House are distributed to the Representatives elected by the Greek and the
Turkish Communities respectively.
۵. Every Bill on being introduced in the House of Representatives shall be
referred for debate in the first instance before the appropriate Committee.
With the exception of those which are considered to be of an urgent nature٫ no
Bill shall be debated by a Committee before the lapse of forty-eight hours
after its being distributed to the Representatives constituting such a
Committee.
With the exception of those which are considered to be of an urgent nature٫ no
Bill which has passed the Committee stage shall be debated in the House of
Representatives before the lapse of forty-eight hours after it has been
distributed to the Representatives together with the report of the Committee.
۶. The agenda of the meetings of the House of Representatives٫ which shall
include any additional subject proposed by the Vice-
President of the House٫ shall be drawn up and presented to the House of
Representatives by the President of the House.
After the presentation of the agenda to the House of Representatives٫ any
Representative may move any addition or amendment to such agenda٫ and such
motion shall be decided upon by the House of Representatives.
۷. No Representative can speak at any meeting of the House of Representatives
unless he registers his name in the proper Register or unless he obtains the
permission of the person presiding at such meeting.
Every Representative who has complied with such formality is entitled to be
given reasonably sufficient time٫ havinggg regard to the particular subject٫
to speak and to be heard at the relevant meeting.
The speeches shall be made in order of the registration or of oral request٫ as
the case may be٫ of those who desire to speak:
Provided that where there are opposite views held٫ a speaker shall٫ as far as
practicable٫ follow another one who supports the opposite view. But
Representatives speaking on behalf of the Committees or of the political party
groups of the House of Representatives shall not be subject to such order of
precedence.
Representatives desiring to speak in connection with motions with regard to any
matter relating to the agenda٫ the application of the Standing Orders or the
closure of the debate shall be given precedence in time over the
Representatives desiring to speak in connection with the subject of the debate٫
and in such a case two Representatives٫ one in favour and one against the
motion٫ shall be allowed fifteen minutes each for their respective speeches.
۸. All speeches in the House of Representatives shall be made from the rostrum
of the House and addressed to the House of Representatives. All speeches and
other proceedings in the House and at all the Committee meetings shall٫
simultaneously as they are being made or taking place٫ be translated from the
official language in which they are being made or taking place into the other
official language.
۹. Save as otherwise provided in the Standing Orders٫ interruptions of the
speech of a Representative or personal attacks against any Representative
unconnected with the subject under debate٫ both in the House and at the
Committee meetings٫ are prohibited.
۱۰. The votes in the House of Representatives shall be jointly counted and
recorded by one Greek and the Turkish Clerk of the House.
۱۱. The minutes of the debates in the House of Representatives shall comprise
all proceedings fully.
The minutes of the proceedings of the Committees shall be kept in a summary
form. Upon objectttion to the minutes of a meeting of the House of
Representatives through the oral submission of a Representative at the first
following meeting or by a written objectttion sent to the President of the
relevant meeting٫ the House of Representatives may decide to correct such
minutes accordingly.
۱۲. Any political party which is represented at least by twelve per centum of
the total number of the Representatives in the House of Representatives can
form and shall be entitled to be recognised as a political party group.
Article ۷۴ []
۱. The House of Representatives shall meet on the fifteenth day next following
a general election and thereafter in each year on the corresponding day in such
year without summons for its ordinary session.
۲. The ordinary session of the House of Representatives shall last for a period
of three to six months in each year٫ as the House of Representatives may
determine.
۳. The House of Representatives shall be summoned to an extraordinary session
by the President or the Vice-President of the House on the request of ten
Representatives addressed to both the President and the Vice-President of the
House.
Article ۷۵ []
۱. The meetings of the House of Representatives shall be open to the public and
the minutes of its debates shall be published.
۲. The House of Representatives may٫ if it thinks necessary٫ hold secret
sessions on a resolution carried by a three-quarters majority vote of the total
number of Representatives.
Article ۷۶ []
۱. The President of the House shall declare the commencement and the end of
every meeting.
۲. The President of the House in declaring the end of a meeting shall at the
same time announce the date and time fixed٫ with the consent of the House of
Representatives٫ of the meeting next following and shall present to the House
of Representatives the agenda of such meeting and thereupon the provisions of
paragraph ۶ of Article ۷۳ shall apply.
۳. Any agenda shall be printed and distributed to the Representatives at least
twenty-four hours prior to the meeting. but if such agenda relates to the topic
already under debate such distribution may be made at any time prior to the
meeting.
Article ۷۷ []
۱. The quorum of the House of Representatives shall consist of at least
one-third of the total number of its members.
۲. The debate relating to any particular topic shall be adjourned once for
twenty-four hours at the request of the majority of the Representatives of
either Community who are present at a meeting.
Article ۷۸ []
۱. The laws and the decisions of the House of Representatives shall be passed
by a simple majority vote of the Representatives present and voting.
۲. Any modification of the Electoral Law and the adoption of any law relating
to the municipalities and of any law imposing duties or taxes shall require a
separate simple majority of the Representatives elected by the Greek and the
Turkish Communities respectively taking part in the vote.
Article ۷۹ []
۱. The President or the Vice-President of the Republic may address the House of
Representatives by message٫ or transmit to the House of Representatives their
views through the Ministers.
۲. The Ministers may follow the proceedings of the House of Representatives or
any Committee thereof٫ and make a statement to٫ or inform٫ the House of
Representatives or any Committee thereof٫ on any subject within their
competence.
Article ۸۰ []
۱. The right to introduce Bills belongs to the Representatives and to the
Ministers.
۲. No Bill relating to an increase in budgetary expenditure can be introduced
by any Representative.
Article ۸۱ []
۱. The Budget is introduced to the House of Representatives at least three
months before the day fixed by law for the commencement of the financial year
and is voted by it not later than the day so fixed.
۲. Within three months from the end of the financial year the final accounts
shall be submitted to the House of Representatives for approval.
Article ۸۲ []
A law or decision of the House of Representatives shall come into operation on
its publication in the official Gazette of the Republic unless another date is
provided by such law or decision.
Article ۸۳ []
۱. Representatives shall not be liable to civil or criminal proceedings in
respect of any statement made or vote given by them in the House of
Representatives.
۲. A Representative cannot٫ without the leave of the High Court٫ be prosecuted٫
arrested or imprisoned so long as he continues to be a Representative. Such
leave is not required in the case of an offence punishable with death or
imprisonment for five years or more in case the offender is taken in the act.
In such a case the High Court being notified forthwith by the competent
authority decides whether it should grant or refuse leave for the continuation
of the prosecution or detention so long as he continues to be a Representative.
۳. If the High Court refuses to grant leave for the prosecution of a
Representative٫ the period during which the Representative cannot thus be
prosecuted shall not be reckoned for the purposes of any period of
prescriptttion for the offence in question.
۴. If the High Court refuses to grant leave for the enforcement of a sentence
of imprisonment imposed on a Representative by a competent court٫ the
enforcement of such sentence shall be postponed until he ceases to be a
Representative.
Article ۸۴ []
۱. Representatives receive from the Public Revenue remuneration defined by law.
۲. Any increase of such remuneration shall not become operative during the term
of office of the House of Representatives in which such increase has been made.
Article ۸۵ []
Any question with regard to the qualifications of candidates for election and
election petitions shall be finally adjudicated by the Supreme Constitutional
Court.
Part ۵ The Communal Chambers
Article ۸۶ []
The Greek and the Turkish Communities respectively shall elect from amongst
their own members a Communal Chamber which shall have the competence expressly
reserved for it under the provisions of this Constitution.
Article ۸۷ []
۱. The Communal Chambers shall٫ in relation to their respective Community٫ have
competence to exercise within the limits of this Constitution and subject to
paragraph ۳ of this Article٫ legislative power solely with regard to the
following matters: –
(a) all religious matters;
(b) all educational٫ cultural and teaching matters;
(c) personal status;
(d) the composition and instances of courts dealing with civil disputes
relating to personal status and to religious matters;
(e) in matters where the interests and institutions are of purely communal
nature such as charrritable and sporting foundations٫ bodies and associations
createeed for the purpose of promoting the well-being of their respective
Community;
(f) imposition of personal taxes and fees on members of their respective
Community in order to provide for their respective needs and for the needs of
bodies and institutions under their control as in Article ۸۸ provided;
(g) in matters where subsidiary legislation in the form of regulations or
bye-laws within the framework of the laws relating to municipalities will be
necessary to enable a Communal Chamber to promote the aims pursued by
municipalities composed solely of members of its respective Community;
(h) in matters relating to the exercise of the authority of control of
producers” and consumers” co-operatives and credit establishments and of
supervision in their functions of municipalities consisting solely of their
respective Community٫ vested in them by this Constitution:
Provided that –
(i) any communal law٫ regulation٫ bye-law or decision made or taken by a
Communal Chamber under this sub-paragraph (h) shall directly or indirectly be
contrary to or inconsistent with any by which producers” and consumers”
co-operatives and credit establishments are governed or to which the
municipalities subject٫
(ii) nothing in paragraph (i) of this proviso contained shall be construed as
enabling the House of Representatives to legislate on any matter relating to
the exercise of the authority vested in Communal Chamber under this
sub-paragraph (h):
(i) in such other matters as are expressly provided by this Constitution.
۲. Nothing in sub-paragraph (f) of paragraph ۱ of this Article contained shall
be construed as in any way curtailing the power of the House of Representatives
to impose٫ in accordance with the provisions of this Constitution٫ any personal
taxes.
۳. Any law or decision of a Communal Chamber made or taken in exercise of the
power vested in it under paragraph ۱ of this Article shall not in any way
contain anything contrary to the
interests of the security of the Republic or the constitutional order or the
public safety or the public order or the public health or the public morals or
which is against the fundamental rights and liberties guaranteed by this
Constitution to any person.
Article ۸۸ []
۱. The power of imposing taxes under sub-paragraph (f) of paragraph ۱ of
Article ۸۷ of a Communal Chamber shall be exercised for the purposes of meeting
the part of its expenditure provided in its budget in each financial year which
is not met by the payment made to such Communal Chamber in respect of such
financial year by the Republic out of its Budget as provided in paragraph ۲ of
this Article or by any other revenue which such Chamber may have in that
financial year.
۲. The House of Representatives shall٫ in respect of each financial year٫
provide in the Budget and make available for payment to both Communal Chambers
in respect of their respective financial year for the purposes of their
respective needs relating to matters within their respective competence an
amount not less than two million pounds to be allocated to the Greek and the
Turkish Communal Chambers as follows: –
(a) to the Greek Communal Chamber an amount not less than the sum of one
million and six hundred thousand pounds; and
(b) to the Turkish Communal Chamber an amount not less than the sum of four
hundred thousand pounds:
Provided that in the case of the increase of the minimum total amount payable
to both Communal Chambers the allocation to each of the Communal Chambers of
such increased amount shall be made in such manner as the House of
Representatives may decide.
۳. If a Communal Chamber so requests the taxes imposed by it shall be collected
on its behalf and paid to such a Communal Chamber by the authorities of the
Republic.
۴. For the purposes of this Article and of sub-paragraph (f) of paragraph ۱ of
Article ۸۷ “member” includes corporate and unincorporate bodies to the extent
of the interest held in such bodies by such members.
Article ۸۹ []
۱. The Communal Chambers shall٫ in relation to their respective Community٫ also
have competence –
(a) (i) to direct policy (“determiner les principes directeurs”) within their
communal laws;
(ii) to exercise administrative powers in the manner and through such persons
as may be provided by a communal law٫ with respect to any matter on which they
are competent to exercise legislative power under the provisions of Article ۸۷
other than those provided in sub-paragraphs (g) and (h) of paragraph ۱ of such
Article for which specific provision is made in the ensuing sub-paragraphs;
(b) to exercise control on producers” and consumers” co-
operatives a credit establishments createeed for the purpose of promoting ۱
well-being of their respective Community and which will be governed by the
laws;
(c) to promote the aims pursued by municipalities composed solely of members of
their respective Community and to
supervise – in their functions such municipalities to which the laws shall
apply.
۲. Nothing in sub-paragraph (e) of paragraph ۱ of Article ۸۷ and in
sub-paragraph (b) of paragraph ۱ of this Article contained shall be construed
as precluding the creation of mixed and common institutions of the nature
therein provided if the inhabitants so desire.
۳. In the case where the central administration shall٫ on its part٫ proceed to
control the institutions٫ establishments or municipalities mentioned in
sub-paragraphs (b) and (c) of paragraph ۱ of this Article by virtue of
legislation in force٫ such control shall be carried out through public officers
belonging to the same Community as that to which the institution٫ establishment
or municipality in question belongs.
Article ۹۰ []
۱. Subject to the ensuing provisions of this Article each Communal Chamber
shall have power by or in its own communal laws to provide for the application
of its laws and decisions.
۲. A Communal Chamber shall have no power to provide in any of its laws or
decisions for imprisonment or detention for any violation thereof or failure to
comply with any directions given by a Communal Chamber in exercise of any power
vested in it under this Constitution.
۳. The Communal Chambers shall have no competence to use measures of constraint
to secure compliance with their respective communal laws or decisions and of
the judgements of the Courts dealing with civil disputes relating to personal
status and to religious matters within their respective competence.
۴. Where it becomes necessary to use measures of constraint in compelling
compliance with any law or decision of a Communal Chamber or with any matter
connected with the exercise of the authority of control or supervision by a
Communal Chamber such measures of constraint shall٫ on the application by or on
behalf of the Communal Chamber٫ be applied by the public authorities of the
Republic which shall have exclusive competence to apply such measures of
constraint.
۵. The execccution of any judgement or order of a court in connection with any
matter within the exclusive competence of a Communal Chamber shall be carried
out through the public authorities of the Republic.
Article ۹۱ []
۱. Each Communal Chamber shall once yearly prepare and adopt a budget of its
revenue and expenditure for the ensuing financial year.
۲. Such budget shall be voted by the Communal Chamber not later than the day
fixed by a communal law for the commencement of the communal financial year.
Article ۹۲ []
The number of the members of each Communal Chamber shall be
determined by a communal law carried by a two-thirds majority of the total
number of the members of the Communal Chamber
concerned.
Article ۹۳ []
The elections for both the Communal Chambers shall be by universal suffrage and
by direct and secret ballot.
Article ۹۴ []
۱. Subject to paragraph ۲ of this Article every citizen of the Republic who has
attained the age of twenty-one years and has such residential qualifications as
may be prescribed by the respective communal electoral law shall have the right
to be registered as an elector in the respective communal electoral list:
Provided that the members of the Greek Community shall only be registered in
the Greek communal electoral list and the members of the Turkish Community
shall only-be registered in the Turkish communal electoral list.
۲. No person shall be qualified to be registered as an elector who is
disqualified for such registration by virtue of the respective communal
electoral law.
Article ۹۵ []
A person shall be qualified to be a candidate for election as a member of a
Communal Chamber if at the time of the election that person –
(a) is a citizen of the Republic and is registered in the respective communal
electoral list;
(b) has attained the age of twenty-five years٫
(c) has not been٫ on or after the date of the coming into operation of this
Constitution٫ convicted of an offence involving dishonesty or moral turpitude
or is not under any disqualification imposed by a competent court for an
electoral offence٫
(d) is not suffering from a mental disease incapacitating such person from
acting as a member of a Communal Chamber.
Article ۹۶ []
۱. The term of office of the Communal Chambers shall be for a period of five
years commencing on such date as a communal law respectively shall appoint.
۲. The outgoing Communal Chambers shall continue in office until the newly
elected Communal Chambers assume office under paragraph ۱ of this Article.
Article ۹۷ []
۱. A communal general election for a Communal Chamber shall be held at least
thirty days before the expiration of the term of office of the outgoing
Chamber.
۲. When a vacancy occurs in the seat of a member of a Communal Chamber such
vacancy shall be filled by a by-
election to be held within a period not exceeding forty-five days of the
occurrence of such vacancy.
۳. If an election under paragraph ۱ or ۲ of this Article cannot take place on
the date fixed by or under this Constitution owing to extraordinary and
unforeseen circumstances such as earthquake٫ floods٫ general epidemic and the
like٫ then such election shall take place on the corresponding day of the week
next following.
Article ۹۸ []
۱. Either Communal Chamber may dissolve itself only by its own decision carried
by an absolute majority.
۲. Any such decision shall٫ notwithstanding anything contained in paragraph ۱
of Article ۹۶ and paragraph ۱ of Article ۹۷٫ provide for the date of the
holding of the communal general election with respect to the Communal Chamber
in question which shall not be less than thirty days and not more than forty
days from the date of such decision and also for the date of the first meeting
of the newly-elected Communal Chamber which shall not be later than fifteen
days after such communal general election and until such date the outgoing
Communal Chamber shall continue to be in office.
۳. Notwithstanding anything contained in paragraph ۱ of Article ۹۶٫ the term of
office of the Communal Chamber to be elected after dissolution shall be for the
unexpired period of the term of office of the dissolved Communal Chamber. In
case of dissolution within the last year of the five years” term of office
of the Communal Chamber concerned a communal general election for such Chamber
shall take place for the unexpired part of the term of office of the dissolved
CommunaI Chamber and for the subsequent five years” period of office of such
Communal Chamber.
Article ۹۹ []
Whenever a Communal Chamber continues to be in office until the assumption of
office by a newly-elected Communal Chamber٫ either under paragraph ۲ of Article
۹۶ or paragraph ۲ of Article ۹۸٫ it shall not have power to make any laws or
take any decisions on any matter except only in case of urgent and exceptional
unforeseen circumstances to be specifically stated in the relevant law or
decision.
Article ۱۰۰ []
A member of a Communal Chamber before assuming duties as such in the Communal
Chamber and at a public meeting thereof shall make the following affirmation: –
“I do solemnly affirm faith to٫ and respect for٫ the Constitution and the laws
made thereunder٫ the preservation of the independence and the territorial
integrity٫ of the Republic of Cyprus.”
Article ۱۰۱ []
۱. The office of a member of a Communal Chamber shall be incompatible with that
of a Minister or of a Representative or of a member of any municipal council
including a Mayor or of a member of the armed or security forces of the
Republic or with a public or municipal office and٫ in the case of that of a
member of the Turkish Communal Chamber٫ with that of a religions functionary
(din adami).
۲. For the purposes of this Article “public office” means any office of profit
in the public service of the Republic or of a Communal Chamber the emoluments
of which are under the control either of the Republic or of a Communal Chamber
and includes any office in any public corporation or public utility body.
Article ۱۰۲ []
The Communal Chambers shall٫ by Standing Orders٫ make rules relating to all
matters of procedure including the holding of ordinary and extraordinary
meetings٫ the dates and duration of such meetings٫ the manner of voting and the
transaction of business.
Article ۱۰۳ []
۱. The meetings of the Communal Chambers shall be open to the public and the
minutes of its debates shall be published.
۲. Any Communal Chamber may٫ if it thinks necessary٫ hold secret sessions on a
resolution carried by a two-thirds majority vote of the total number of its
members.
Article ۱۰۴ []
۱. The laws or decisions passed by the Greek or the Turkish Communal Chamber
shall be published in the official Gazette of the Republic immediately after
being signed by the President or the Vice-President of the Republic
respectively within fifteen days of the receipt by him of such laws or
decisions.
۲. A communal law shall come into operation on its publication in the official
Gazette of the Republic unless another date is provided by such law.
Article ۱۰۵ []
۱. The President of the Republic with regard to the Greek Communal Chamber and
the Vice-President of the Republic with regard to the Turkish Communal Chamber
may٫ within fifteen days of the receipt by him of any law or decision passed by
the respective Communal Chamber٫ return such law or decision to such Chamber
for reconsideration.
۲. If the Communal Chamber concerned maintains that the law or decision so
returned to it shall stand٫ the President or the Vice-President of the
Republic٫ as the case may be٫ shall sign and publish such law or decision in
accordance with the provisions of the immediately preceding Article.
Article ۱۰۶ []
۱ A member of a Communal Chamber shall not be liable to civil or criminal
proceedings in respect of any statement made or vote given by him in the
Chamber.
۲. A member of a Communal Chamber cannot without the leave of the High Court٫
be prosecuted٫ arrested or imprisoned٫ so long as he continues to be a member.
Such leave is not required in the case of an offence punishable with death or
imprisonment for five years or more in case the offender is taken in the act.
In such a case the High Court٫ being notified forthwith by the competent
authority٫ decides whether it should grant or refuse
leave for the continuation of the prosecution or detention٫ as the case may be٫
so long as he continues to be a member.
۳. If the High Court refuses to grant leave for the prosecution of a member of
a Communal Chamber٫ the period during which such member cannot thus be
prosecuted shall not be reckoned for the purposes of any period of
prescriptttion for the offence in question.
۴. If the High Court refuses to grant leave for the enforcement of a sentence
of imprisonment imposed on a member of a Communal Chamber by a competent court٫
the enforcement of such sentence shall be postponed until he ceases to be such
member.
Article ۱۰۷ []
The seat of a member of a Communal Chamber shall become vacant –
(a) upon his death; or
(b) upon his written resignation; or
(c) upon the occurrence of any of the circumstances referred to in paragraph ©
or (d) of Article ۹۵٫ or if he ceases to be a citizen of the Republic or if he
ceases to be qualified to be registered as an elector in the respective
Communal electoral list; or
(d) upon his becoming the holder of an office mentioned in Article ۱۰۱.
Article ۱۰۸ []
۱. The Greek and the Turkish Communities shall have the right to receive
subsidies from the Greek or the Turkish Government respectively for
institutions of education٫ culture٫ athletics and charrrity belonging to the
Greek or the Turkish Community respectively.
۲. Also where either the Greek or the Turkish Community considers that it has
not the necessary number of schoolmasterrrs٫ professors or clergymen for the
functioning of its institutions٫ such Community shall have the right to obtain
and employ such personnel to the extent strictly necessary to meet its needs as
the Greek or the Turkish Government respectively may provide.
Article ۱۰۹ []
Each religious group which under the provisions of paragraph ۳ of Article ۲ has
opted to belong to one of the Communities shall have the right to be
represented٫ by elected member or members of such group٫ in the Communal
Chamber of the Community to which such group has opted to belong as shall be
provided by a relevant communal law.
Article ۱۱۰ []
۱. The Autocephalous Greek-Orthodox Church of Cyprus shall continue to have the
exclusive right of regulating and administering its own internal affairs and
property in accordance with the Holy Canons and its charrrter in force for the
time being and the Greek Communal Chamber shall not act inconsistently with
such right.
۲. The institution of Vakf and the Principles and Laws of٫ and
relating to٫ Vakfs are recognised by this Constitution.
All matters relating to or in any way affecting the institution or foundation
of Vakf or the vakfs or any vakf properties٫ including properties belonging to
Mosques and any other Moslem religious institution٫ shall be governed solely by
and under the Laws and Principles of Vakfs (ahkamul evkaf) and the laws and
regulations enacted or made by the Turkish Communal Chamber٫ and no
legislative٫ execccutive or other act whatsoever shall contravene or override
or interfere with such Laws or Principles of Vakfs and with such laws and
regulations of the Turkish Communal Chamber.
۳. Any right with regard to religious matters possessed in accordance with the
law of the Colony of Cyprus in force immediately before the date of the coming
into operation of this Constitution by the Church of a religious group to which
the provisions of paragraph ۳ of Article ۲ shall apply shall continue to be so
possessed by such Church on and after the date of the coming into operation of
this Constitution.
Article ۱۱۱ []
Subject to the provisions of this Constitution any matter relating to
betrothal٫ marriage٫ divorce٫ nullity of marriage٫ judicial separation or
restitution of conjugal rights or to family relations other than legitimation
by order of the court or adoption of members of the Greek-Orthodox Church or of
a religious group to which the provisions of paragraph ۳ of Article ۲ shall
apply shall٫ on and after the date of the coming into operation of this
Constitution٫ be governed by the law of the Greek-Orthodox Church or of the
Church of such religious group٫ as the case may be٫ and shall be cognizable by
a tribunal of such Church and no Communal Chamber shall act inconsistently with
the provisions of such law.
Nothing in paragraph ۱ of this Article contained shall preclude the application
of the provisions of paragraph ۵ of Article ۹۰ to the execccution of any
judgement or order of any such tribunal.
Part ۶ The Independant officers of the Republic
Chapter ۱ The Attorney-General of the Republic and the Deputy Attorney-General
of the Republic
Article ۱۱۲ []
۱. The President and the Vice-President of the Republic shall appoint jointly
two persons who are qualified for appointment as a judge of the High Court one
to be the Attorney-General of the Republic and the other to be the Deputy
Attorney-General of the Republic:
Provided that the Attorney-General and the Deputy Attorney-
General of the Republic shall not belong to the same Community.
۲. The Attorney-General of the Republic shall be the Head and the Deputy
Attorney-General of the Republic shall be the Deputy Head of the Law Office of
the Republic which shall be an independent office and shall not be under any
Ministry.
۳. The Attorney-General and the Deputy Attorney-General of the Republic shall
have the right of audience in٫ and shall take
precedence over any other persons appearing before٫ any court:
Provided that the Attorney-General of the Republic shall always take precedence
over the Deputy Attorney-General of the Republic.
۴. The Attorney-General and the Deputy Attorney-General of the Republic shall
be members of the permanent legal service of the Republic and shall hold office
under the same terms and conditions as a judge of the High Court other than its
President and shall not be removed from office except on the like grounds and
in the like manner as such judge of the High Court.
۵. In all matters affecting persons belonging to the Community of the
Attorney-General of the Republic or of the Deputy Attorney-General of the
Republic٫ as the case may be٫ the one belonging to such Community shall be
consulted by the other before any decision is taken by the Attorney-General of
the Republic:
Provided that for the prosecutions in the courts exercising criminal
jurisdiction composed of judges of one Community٫ the Attorney-General of the
Republic or the Deputy Attorney-
General of the Republic٫ as the case may be٫ belonging to that Community٫ shall
have the effective charrrge and responsibility.
Article ۱۱۳ []
۱. The Attorney-General of the Republic assisted by the Deputy Attorney General
of the Republic shall be the legal adviser of the Republic and of the President
and of the Vice-President of the Republic and of the Council of Ministers and
of the Ministers and shall exercise all such other powers and shall perform all
such other functions and duties as are conferred or imposed on him by this
Constitution or by law.
۲. The Attorney-General of the Republic shall have power٫ exercisable at his
discretion in the public interest٫ to institute٫ conduct٫ take over and
continue or discontinue any proceedings for an offence against any person in
the Republic. Such power may be exercised by him in person or by officers
subordinate to him acting under and in accordance with his instructions.
Article ۱۱۴ []
The Deputy Attorney-General of the Republic shall have such powers and shall
perform such duties as normally appertain to his office and also shall٫ subject
to the directions of the Attorney-General of the Republic٫ exercise all the
powers and perform all the functions and the duties vested in the Attorney-
General of the Republic under the provisions of this Constitution or by law.
The Deputy Attorney-General of the Republic shall act for the Attorney-General
of the Republic in case of his absence or his temporary incapacity to perform
his duties.
Chapter ۲ The Auditor-General and the Deputy Auditor-General
Article ۱۱۵ []
۱. The President and the Vice-President of the Republic shall appoint jointly
two fit and proper persons one to be the Auditor-General and the other to be
the Deputy Auditor-
General:
Provided that the Auditor-General and the Deputy Auditor-
General shall not belong to the same Community.
۲. The Auditor-General shall be the Head and the Deputy Auditor General shall
be the Deputy Head of the Audit Office of the Republic which shall be an
independent office and shall not be under any Ministry.
۳. The Auditor-General and the Deputy Auditor-General shall be members of the
permanent public service of the Republic and shall not be retired or removed
from office except on the like grounds and in like manner as a judge of the
High Court.
Article ۱۱۶ []
۱. The Auditor-General assisted by the Deputy Auditor-General shall٫ on behalf
of the Republic٫ control all disbursements and receipts and audit and inspect
all accounts of moneys and other assets administered٫ and of liabilities
incurred٫ by or under the authority of the Republic and for this purpose he
shall have the right of access to all books٫ records and returns relating to
such accounts and to places where such assets are kept.
۲. The Auditor-General assisted by the Deputy Auditor-General shall exercise
all such other powers and shall perform all such other functions and duties as
are conferred or imposed on him by law.
۳. The powers٫ functions and duties of the Auditor-General provided in this
Chapter may be exercised by him in person or by such subordinate officers
acting under and in accordance with his instructions.
۴. The Auditor-General shall submit annually a report on the exercise of his
functions and duties under this Chapter to the President and the Vice-President
of the Republic who shall cause it to be laid before the House of
Representatives.
Article ۱۱۷ []
۱. The Deputy Auditor-General shall have such powers and shall perform such
functions and duties as normally appertain to his office and also shall٫
subject to the directions of the Auditor-General٫ exercise all the powers and
perform all the functions and duties vested in the Auditor-General under the
provisions of this Constitution or by law.
۲.The Deputy Auditor-General shall act for the Auditor-General in case of his
absence or his temporary incapacity to perform his duties
Chapter ۳ The Governor and the Deputy Governor of the Issuing Bank of the
Republic
Article ۱۱۸ []
۱. The President and the Vice-President of the Republic shall appoint jointly
two fit and proper persons one to be the Governor and the other to be the
Deputy-Governor of the Issuing Bank of the Republic:
Provided that the Governor and the Deputy-Governor of the Issuing Bank of the
Republic shall not belong to the same Community.
۲. The Governor of the Issuing Bank of the Republic shall be the Head and the
Deputy-Governor of the Issuing Bank shall be the Deputy Head of the Issuing
Bank of the Republic which
shall not be under any Ministry.
۳. The Governor and the Deputy-Governor of the Issuing Bank of the Republic
shall be either members of the permanent public service or shall be persons
appointed under such terms and conditions as laid down in the instruments of
their appointment.
۴. The President and the Vice-President of the Republic acting jointly may٫ at
any time٫ terminate the appointment of either the Governor or the
Deputy-Governor of the Issuing Bank of the Republic or both as such Governor or
Deputy-Governor٫ as the case may be.
۵. In the case of such termination the Governor or the Deputy-
Governor of the Issuing Bank of the Republic or both٫ as the case may be٫
shall٫ subject to paragraph ۶ of this Article٫ and to the provisions of this
Constitution relating to the public service of the Republic٫ be given other
suitable post in the permanent public service of the Republic if such Governor
or Deputy Governor was٫ immediately before such termination٫ a member of such
service.
۶. Any disciplinary matter in connection with the exercise of the functions of
the Governor and the Deputy-Governor of the Issuing Bank of the Republic shall
be within the competence of the Council established under paragraph ۸ of
Article ۱۵۳.
Article ۱۱۹ []
۱. The Governor of the Issuing Bank of the Republic assisted by the
Deputy-Governor of the Issuing Bank of the Republic shall administer the
currency laws of the Republic and shall be in charrrge of the management of
the Issuing Bank of the Republic and shall exercise all other powers and
perform all other functions and duties within the domain of the Issuing Bank of
the Republic.
۲. The Governor of the Issuing Bank of the Republic assisted by the
Deputy-Governor of the Issuing Bank of the Republic shall exercise all such
powers and shall perform all such other functions as are conferred or imposed
on him by law.
۳. The powers٫ functions and duties of the Governor of the Issuing Bank or the
Republic provided in this Chapter may be exercised by him in person or by such
subordinate officers acting under and in accordance with his instructions.
۴. The Governor assisted by the Deputy-Governor of the Issuing Bank of the
Republic shall٫ with regard to the financial policy relating to his office٫
carry out the decisions of the Council of Ministers in this respect and the
provisions of any law and٫ with regard to the manner of the carrying out of
such policy٫ he shall consult and be guided by the advice of the Minister of
Finance.
۵. The Governor of the Issuing Bank of the Republic shall submit half yearly
reports on the state of currency٫ funds and securities of the Republic to the
President and the Vice-
President of the Republic who shall cause such reports to be laid before the
House of Representatives.
Article ۱۲۰ []
۱. The Deputy-Governor of the Issuing Bank of the Republic shall have such
powers and shall perform such functions and duties as normally appertain to his
office and also shall٫ subject to the directions of the Governor of the Issuing
Bank of the Republic٫ exercise all the powers and perform all the functions
and duties vested in the Governor of the Issuing Bank of the Republic under the
provisions of this Constitution or by law.
۲. The Deputy-Governor of the Issuing Bank of the Republic shall act for the
Governor of the Issuing Bank of the Republic in case of his absence or his
temporary incapacity to perform his duties.
Article ۱۲۱ []
Nothing in this Chapter contained shall be construed as precluding the Issuing
Bank of the Republic from becoming a Central Bank:
Provided that in such a case٫ subject to the provisions of this Chapter٫ the
Governor and the Deputy-Governor of the Issuing Bank of the Republic shall be
respectively the Governor and the Deputy-Governor of the Central Bank of the
Republic.
Part ۷ []
Chapter ۱ General
Article ۱۲۲ []
For the purposes of this Chapter٫ unless the context otherwise requires “public
office” means an office in the public service;
“public officer” means the holder٫ whether substantive or temporary or acting٫
of a public office;
“public service” means any service under the Republic other than service in the
army or the security forces of the Republic and includes service under the
Cyprus Broadcasting Corporation٫ the Cyprus Inland Telecommunications Authority
and the Electricity Authority of Cyprus and any other public corporate or
unincorporate body createeed in the public interest by a law and either the
funds of which are provided or guaranteed by the Republic or٫ if the enterprise
is carried out exclusively by such body٫ its administration is carried out
under the control of the Republic but does not include service in an office the
appointment to or the filling of which is٫ under this Constitution٫ made
jointly by the President and the Vice-
President of the Republic or service by workmen except those who are regularly
employed in connection with permanent works of the Republic or any such body as
aforesaid.
Article ۱۲۳ []
۱. The public service shall be composed as to seventy per
centum of Greeks and as to thirty per centum of Turks.
۲. This quantitative distribution shall be applied٫ so far as this will be
practically possible٫ in all grades of the hierarchy in the public service.
۳. In regions or localities where one of the two Communities is in a majority
approaching one hundred per centum the public officers posted for٫ or entrusted
with٫ duty in such regions or localities shall belong to that Community.
Article ۱۲۴ []
۱. There shall be a Public Service Commission consisting of a Chairman and nine
other members appointed jointly by the President and the Vice-President of the
Republic.
۲. Seven members of the Commission shall be Greeks and three members shall be
Turks.
۳. Each member of the Commission shall be appointed for a period of six years٫
but he may at any time resign his office by writing under his hand addressed to
the President and the Vice-
President of the Republic.
۴. The remuneration and other conditions of service of a member of the
Commission shall be provided by a law and shall not be altered to his
disadvantage after his appointment.
۵. A member of the Commission shall not be removed from office except on the
like grounds and in the like manner as a judge of the High Court.
۶. (۱) No person shall be appointed as a member of the Commission unless he is
a citizen of the Republic٫ of high moral charrracter and has the
qualifications for election as a member of the House of Representatives.
(۲) No person shall be appointed as٫ or be٫ a member of the Commission who is٫
or within the preceding twelve months in the case of the Chairman or six months
in the case of any other member٫ has been –
(a) a Minister;
(b) a member of the House of Representatives or of any Communal Chamber;
(c) a public officer or a member of any of the armed forces;
(d) an officer or employee of any local authority or of a body corporate or
authority established by law for public purposes;
(e) a member of a trade unionnn or of a body or association affiliated to a
trade unionnn.
۷. Where٫ during any period٫ a member of the Commission has been granted leave
of absence or is unable٫ owing to absence from the Republic٫ or to any other
cause٫ to discharrrge his functions as a member٫ the President and the
Vice-President of the Republic may jointly appoint at his place any person who
would be qualified to be appointed to exercise such functions٫ during that
period.
Article ۱۲۵ []
۱. Save where other express provision is made in this Constitution with respect
to any matter set out in this paragraph and subject to the provisions of any
law٫ it shall be the duty of the Public Service Commission to make the
allocation of public offices between the two Communities and to appoint
confirm٫ emplace on the permanent or pensionable establishment٫ promote
transfer٫ retire and exercise disciplinary control over٫ including dismissal or
removal from office of٫ public officers.
۲. The Chairman shall convene the meetings of the Commission and shall preside
thereat:
Provided that –
(a) no meeting shall be held unless prior notice thereof has been given to all
the members; absolute majority vote including at least the votes of two
Turkish members of the Commission:
Provided that if such a decision cannot be taken on such majority٫ the question
shall be referred by the Commission to the Supreme Constitutional Court for a
decision; the decision of such Court shall be final and binding on the
Commission.
(۳) Where the question relates solely to a Turk any decision of the Commission
shall be taken by such an absolute majority vote including the votes of at
least two Turkish members. Where the question relates solely to a Greek٫ any
decision of the Commission shall be taken by such an absolute majority vote
including the
(b) on an equality of votes the Chairman shall not have a second or casting
vote.
۳. (۱) Subject to the ensuing provisions of this paragraph any decision of the
Commission shall be taken by an absolute majority vote of its members.
(۲) If the question relates to an appointment or promotion to fill a vacant or
newly createeed post٫ the decision whether such post shall be filled٫ under
the provisions of this Constitution٫ by a Greek or a Turk٫ shall be taken by
such votes of at least four Greek members.
(۴) Where the question relates to the selectttion of the Greek or the Turk to
be appointed or promoted٫ the decision shall٫ subject to sub-paragraph (۳) of
this paragraph٫ be taken by an absolute majority vote:
Provided that the unanimous recommendation٫ of five Greek members in the case
of the selectttion of a Greek٫ or of the three Turkish members in the case of
the selectttion of a Turk٫ shall be acted upon by the Commission.
Chapter ۲ The Accountant-General and the Deputy Accountant-General
Article ۱۲۶ []
۱. The President and the Vice-President of the Republic shall appoint jointly
two fit and proper persons one to be the Accountant-General and the other to be
the Deputy Accountant-
General:
Provided that the Accountant-General and the Deputy Accountant-General shall
not belong to the same Community.
۲. The Accountant-General shall be the Head and the Deputy Accountant-General
shall be the Deputy Head of the Treasury.
۳. The Accountant-General and the Deputy Accountant-General shall be members of
the permanent public service of the Republic.
۴. The retirement and any disciplinary control٫ including dismissal or removal
from office٫ of the Accountant-General and the Deputy Accountant-General shall
be within the competence of the Public Service Commission.
Article ۱۲۷ []
۱. The Accountant-General assisted by the Deputy Accountant-
General shall manage and supervise all accounting operations in respect of all
moneys and other assets administered٫ and of liabilities incurred٫ by or under
the authority of the Republic and٫ subject to the provisions of this
Constitution or of any law٫ shall receive and make all the disbursements of
moneys of the Republic.
۲. The Accountant-General assisted by the Deputy Accountant-
General shall exercise all such other powers and shall perform all such other
functions and duties as are conferred or imposed on him by law.
۳. The powers٫ functions and duties of the Accountant-General
provided in this Chapter may be exercised by him in person or by such
subordinate officers acting under and in accordance with his instructions.
Article ۱۲۸ []
۱. The Deputy Accountant-General shall have such powers and shall perform such
functions and duties as normally appertain to his office and also shall٫
subject to the directions of the Accountant-General٫ exercise all the powers
and perform all the functions and duties vested in the Accountant-General under
the provisions of this Constitution or by law.
۲. The Deputy Accountant-General shall act for the Accountant-
General in case of his absence or his temporary incapacity to perform his
duties.
Part ۸ The Forces of the Republic
Article ۱۲۹ []
۱. The Republic shall have an army of two thousand men of whom sixty per centum
shall be Greeks and forty per centum shall be Turks.
۲. Compulsory military service shall not be instituted except by common
agreement of the President and the Vice-President of the Republic.
Article ۱۳۰ []
۱. The security forces of the Republic shall consist of the police and
gendarmerie and shall have a contingent of two thousand men which may be
reduced or increased by common agreement of the President and the
Vice-President of the Republic.
۲. The security forces of the Republic shall be composed as to seventy per
centum of Greeks and as to thirty per centum of Turks:
Provided that for an initial period and in order not to discharrrge those
Turks serving in the police on the ۱۱th February٫ ۱۹۵۹٫ except those serving in
the auxiliary police٫ the percentage of Turks may be kept up to a maximum of
forty per centum and consequently that of the Greeks may be reduced to sixty
per centum.
Article ۱۳۱ []
۱. The Heads and Deputy Heads of the army٫ the police and the gendarmerie of
the Republic shall be appointed jointly by the President and the Vice-President
of the Republic.
۲. One of the Heads of the army٫ the police and the gendarmerie shall be a Turk
and where the Head of the army٫ the police and the gendarmerie belongs to one
Community the Deputy Head shall belong to the other Community.
Article ۱۳۲ []
Forces which are stationed in parts of the territory of the Republic inhabited
in a proportion approaching one hundred per centum only by members of one
Community shall belong to that Community.
Part ۹ The Supreme Constitutional Court
Article ۱۳۳ []
۱. (۱) There shall be a Supreme Constitutional Court of the Republic composed
of a Greek٫ a Turk and a neutral judge. The neutral judge shall be the
President of the Court.
(۲) The President and the other judges of the Supreme Constitutional Court
shall be appointed jointly by the President and the Vice-President of the
Republic:
Provided that in the case of a vacancy solely in the post of either the Greek
or the Turkish judge the proposal of the President or the Vice-President of the
Republic to whose Community the judge to be appointed shall belong shall
prevail if the President and the Vice-President of the Republic do not agree on
the appointment within a week of such proposal.
۲. The seat of the Supreme Constitutional Court shall be in the capital of the
Republic.
۳. The neutral judge shall not be a subject or a citizen of the Republic or of
the Kingdom of Greece or of the Republic of Turkey or of the United Kingdom and
the Colonies.
۴. The Greek and the Turkish judge of the Supreme Constitutional Court shall be
a citizen of the Republic.
۵. The President and the other judges of the Supreme Constitutional Court shall
be appointed from amongst lawyers of high professional and moral standard.
۶. (۱) The President of the Court shall be appointed for a period of six years.
(۲) The remuneration and other conditions of service of the President of the
Court shall be laid down in the instrument of his appointment.
(۳) The conditions of service of the President of the Court to be laid down in
the instrument of his appointment as provided in sub-paragraph (۲) of this
paragraph shall include –
(a) provision for his retirement on the same grounds as those on which the
Greek or the Turkish judge may be retired under sub-
paragraph (۳) of paragraph ۷ of this Article; and
(b) provision for his dismissal on the same grounds as those on which such
Greek or Turkish judge may be dismissed under sub-paragraph (۴) of paragraph ۷
of this Article.
۷. (۱) The Greek and the Turkish judge of the Court shall be permanent members
of the judicial service of the Republic and shall hold office until they attain
the age of sixty-eight.
(۲) Without prejudice to any retirement pension٫ gratuity or any other like
benefit he may have acquired under the provisions of any law٫ the Greek or the
Turkish judge of the Court may at any time resign his office by writing under
his hand addressed to the President and the Vice-President of the Republic.
(۳) The Greek or the Turkish judge of the Court shall be retired on account of
such mental or physical incapacity or infirmity as would render him incapable
of discharrrging the duties of his office either permanently or for such
period of time as would render it impracticable for him to continue in office.
A judge so retired shall be entitled to all benefits and emoluments provided by
any law in force for the time being.
(۴) The Greek or the Turkish judge of the Court may be dismissed on the ground
of misconduct.
۸. (۱) There shall be established a Council consisting of the President of the
High Court as Chairman and the senior in appointment Greek judge and the
Turkish judge of the High Court as members.
(۲) This Council shall have exclusive competence to determine all matters
relating to –
(a) the retirement٫ dismissal or otherwise the termination of the appointment
of the President of the Court in accordance with the conditions of service laid
down in the instrument of his appointment;
(b) the retirement or dismissal of the Greek or the Turkish judge of the Court
on any of the grounds provided in sub-
paragraphs (۳) and (۴) of paragraph ۷ of this Article.
(۳) The proceedings of the Council under sub-paragraph (۲) of this paragraph
shall be of a judicial nature and the judge concerned shall be entitled to be
heard and present his case before the Council.
(۴) The decision of the Council taken by a majority shall be binding upon the
President and the Vice-President of the Republic who shall jointly act
accordingly.
۹. In the case of temporary absence or incapacity of the President or of the
Greek judge or of the Turkish judge of the Court٫ the President of the High
Court or the senior in appointment of the two Greek judges or the Turkish judge
thereof respectively shall act in his place during such temporary absence or
incapacity.
۱۰. No action shall be brought against the President or any other judge of the
Court for any act done or words spoken in his judicial capacity.
۱۱. The remuneration and other conditions of service of the Greek and the
Turkish judge of the Court shall be fixed by a law.
۱۲. The remuneration and other conditions of service of any judge of the Court
shall not be altered to his disadvantage after his appointment.
Article ۱۳۴ []
۱. The sittings of the Supreme Constitutional Court for the hearing of all
proceedings shall be public but the Court may hear any proceedings in the
presence only of the parties٫ if any٫ and the officers of the Court if it
considers that such a course will be in the interest of the orderly conduct of
the proceedings or if the security of the Republic or public morals so require.
۲. When a recourse appears to be prima facie frivolous the Court may٫ after
hearing arguments by or on behalf of the parties concerned٫ unanimously dismiss
such recourse without a public hearing if satisfied that such recourse is in
fact frivolous.
Article ۱۳۵ []
The Supreme Constitutional Court shall make Rules of Court for regulating the
practice and procedure of the Court in the exercise of jurisdiction conferred
upon it by this Constitution٫ for prescribing forms and fees in respect of
proceedings in the Court and for prescribing and regulating the composition of
its registry and the powers and the duties of the officers thereof.
Article ۱۳۶ []
The Supreme Constitutional Court shall have exclusive jurisdiction adjudicate
finally on all matters as provided in the ensuing Articles.
Article ۱۳۷ []
۱. The President and the Vice-President of the Republic٫ either separately or
conjointly٫ shall have a right of recourse to the Supreme Constitutional Court
under the provisions of this Article on the ground that any law or decision of
the House of Representatives or any provision thereof discriminates against
either of the two Communities.
۲. A recourse under paragraph ۱ of this Article shall be made within
seventy-five days of the promulgation of any such law or decision.
۳. Notice of the filing of such a recourse shall be published in the official
Gazette of the Republic by the President and the Vice-President of the Republic
within a period of twenty-four hours from such filing. Upon the publication of
such notification in the official Gazette of the Republic the operation of such
law or decision shall be suspended from the day following such publication
until the Supreme Constitutional Court determines such recourse.
۴. Upon such recourse the Court may confirm or annul such law or decision or
any provision thereof or return it to the House of Representatives for
reconsideration٫ in whole or in part:
Provided that in the case of annulment of a law or decision or any provision
thereof such annulment shall operate from the date of the publication of the
decision of the Supreme Constitutional Court under paragraph ۵ of this Article
without prejudice to anything done or left undone under such law or decision or
provision thereof.
۵. The decision of the Court shall be notified forthwith to the President and
the Vice-President of the Republic and to the President and the Vice-President
of the House of Representatives and shall be published forthwith by the
President and the Vice-President of the Republic in the official Gazette of the
Republic.
Article ۱۳۸ []
۱. Where on the adoption of the Budget by the House of Representatives the
President and the Vice-President of the Republic٫ either separately or
conjointly٫ has or have exercised his or their right to return it to the House
of Representatives on the ground that in his or their judgement there is a
discrimination and the House has persisted in its decision٫ the President and
the Vice-President of the Republic٫ either separately or conjointly٫ as the
case may be٫ shall have a right
of recourse to the Supreme Constitutional Court on such ground.
۲. Such recourse shall be made within the period fixed by this Constitution for
the promulgation of the laws or decisions of the House of Representatives.
۳. Upon such a recourse the Court may annul or confirm the Budget or return it
to the House of Representatives٫ in whole or in part.
۴. The decision of the Court shall be notified forthwith to the President and
the Vice-President of the Republic and to the President and the Vice-President
of the House of Representatives and shall be published forthwith by the
President and the Vice-President of the Republic in the official Gazette of the
Republic.
Article ۱۳۹ []
۱. The Supreme Constitutional Court shall have jurisdiction to adjudicate
finally on a recourse made in connection with any matter relating to any
conflict or contest of power or competence arising between the House of
Representatives and the Communal Chambers or any one of them and between any
organs of٫ or authorities in٫ the Republic:
Provided that nothing in this paragraph contained shall apply to any conflict
or contest between any courts or judicial authorities in the Republic٫ which
conflict or contest shall be decided by the High Court.
For the purposes of this paragraph the expression “courts or judicial
authorities in the Republic” does not include the Supreme Constitutional Court.
۲. Where any question arises as to the competence of the Supreme Constitutional
Court regarding any matter٫ such question shall be determined by the Supreme
Constitutional Court.
۳. Recourse to the Court under paragraph ۱ of this Article may be made by –
(a) the President or the Vice-President of the Republic;
(b) the House of Representatives; or
(c) one of٫ or both the Communal Chambers; or
(d) any other organ of٫ or authority in٫ the Republic٫ if involved in such
conflict or contest.
۴. Such recourse shall be made within thirty days of the date when such power
or competence is contested.
۵. Upon such a recourse the Court may declare that the law or the decision or
the act٫ the subject or the recourse٫ is void٫ either from the time when the
conflict or contest arose or ab initio٫ and without any legal effect
whatsoever٫ either in whole or in part٫ on the ground that such law or decision
or act was made or taken or done without power or competence٫ and in either
case the Court may give directions as to the effect of anything done or left
undone under such law or decision or act.
۶. Any decision of the Court upon such recourse shall be forthwith notified to
the parties concerned and to the President and the Vice-President of the
Republic who shall forthwith publish it in the official Gazette of the
Republic.
۷. Upon a recourse under this Article the Court may order that the operation of
the law or decision or act٫ as the case may be٫
which is the subject matter of such recourse٫ shall be suspended until the
determination of the recourse; such order shall be published forthwith in
the official Gazette of the Republic.
Article ۱۴۰ []
۱. The President and the Vice-President of the Republic acting jointly may٫ at
any time prior to the promulgation of any law or decision of the House of
Representatives٫ refer to the Supreme Constitutional Court for its opinion the
question as to whether such law or decision or any specified provision thereof
is repugnant to or inconsistent with any provision of this Constitution٫
otherwise than on the ground that such law or decision or any provision thereof
discriminates against either of the two Communities.
۲. The Supreme Constitutional Court shall consider every question referred to
it under paragraph ۱ of this Article and havinggg heard arguments on behalf of
the President and the Vice-President of the Republic and on behalf of the House
of Representatives shall give its opinion on such question and notify the
President and the Vice-President of the Republic and the House of
Representatives accordingly.
۳. In case the Supreme Constitutional Court is of the opinion that such law or
decision or any provision thereof is repugnant to or inconsistent with any
provision of this Constitution such law or decision or such provision thereof
shall not be promulgated by the President and the Vice-President of the
Republic.
Article ۱۴۱ []
۱. The President or the Vice-President of the Republic may٫ at any time prior
to the promulgation of any law imposing any formalities٫ conditions or
restrictions on the right guaranteed by Article ۲۵٫ refer to the Supreme
Constitutional Court for its opinion the question as to whether such formality٫
condition or restriction is not in the public interest or is contrary to the
interests of his Community.
۲. The Supreme Constitutional Court shall consider such question and havinggg
heard arguments on behalf of the President or the Vice-President of the
Republic٫ as the case may be٫ and on behalf of the House of Representatives
shall give its opinion and notify the President and the Vice-President of the
Republic and the House of Representatives accordingly.
۳. In case the Supreme Constitutional Court is of opinion that such formality٫
condition or restriction is not in the public interest or is contrary to the
interests of such Community such law or any provision thereof prescribing such
formality٫ condition or restriction shall not be promulgated by the President
and the Vice-President of the Republic.
Article ۱۴۲ []
۱. The President of the Republic with regard to any law or decision of the
Greek Communal Chamber and the Vice-
President of the Republic with regard to any law or decision of the Turkish
Communal Chamber٫ may٫ at any time prior to the publication of such law or
decision٫ refer to the Supreme Constitutional Court for its opinion the
question as to whether such law or decision or any specified provision thereof
is repugnant to or inconsistent with any provision of this Constitution.
۲. The Supreme Constitutional Court shall consider every question referred to
it under paragraph ۱ of this Article and havinggg heard arguments on behalf of
the President or the Vice-
President of the Republic٫ as the case may be٫ and on behalf of the Communal
Chamber concerned٫ shall give its opinion on such question and notify
accordingly the President or the Vice-
President of the Republic٫ as the case may be٫ and the Communal Chamber
concerned.
۳. In case the Supreme Constitutional Court is of the opinion that such law or
decision or any provision thereof is repugnant to or inconsistent with any
provision of this Constitution such law or decision or such provision thereof
shall not be published by the President or the Vice-President of the Republic٫
as the case may be.
Article ۱۴۳ []
۱. The President or the Vice-President of the Republic or Representatives
consisting of at least one-fifth of the total number of a newly-elected House
of Representatives shall have a right of recourse to the Supreme Constitutional
Court on the question whether there exist such urgent and exceptional
unforeseen circumstances as to justify a House of Representatives which
continues to be in office until the assumption of office of a newly-elected
House to make any laws or take any decisions as in Article ۶۸ provided.
۲. Such recourse٫ if made by the President or the Vice-
President of the Republic shall be made within the period provided by this
Constitution for the promulgation of the laws and decisions of the House of
Representatives and if made by such Representatives shall be made within
fifteen days of the date when the new House first meets.
۳. The decision of the Court shall be notified forthwith to the President and
the Vice-President of the Republic and to the President and the Vice-President
of the House of Representatives and shall be published forthwith by the
President and the Vice-President of the Republic in the official Gazette of the
Republic.
Article ۱۴۴ []
۱. A party to any judicial proceedings٫ including proceedings on appeal٫ may٫
at any stage thereof٫ raise the question of the unconstitutionality of any law
or decision or any provision thereof material for the determination of any
matter at issue in such proceedings and thereupon the Court before which
such question is raised shall reserve the question for the decision of the
Supreme Constitutional Court and stay further proceedings until such question
is determined by the Supreme Constitutional Court.
۲. The Supreme Constitutional Court٫ on a question so reserved٫ shall٫ after
hearing the parties٫ consider and determine the question so reserved and
transmit its decision to the Court by which such question has been reserved.
۳. Any decision of the Supreme Constitutional Court under paragraph ۲ of this
Article shall be binding on the court by which the question has been reserved
and on the parties to the proceedings and shall٫ in case such decision is to
the effect that the law or decision or any provision thereof is
unconstitutional٫ operate as to make such law or decision inapplicable to such
proceedings only.
Article ۱۴۵ []
The Supreme Constitutional Court shall have exclusive jurisdiction to
adjudicate finally on any election petition٫ made under the provisions of the
Electoral Law٫ with regard to the elections of the President or the
Vice-President of the Republic or of members of the House of Representatives or
of any Communal Chamber.
Article ۱۴۶ []
۱. The Supreme Constitutional Court shall have exclusive jurisdiction to
adjudicate finally on a recourse made to it on a complaint that a decision٫ an
act or omission of any organ٫ authority or person٫ exercising any execccutive
or administrative authority is contrary to any of the provisions of this
Constitution or of any law or is made in excess or in abuse of powers vested in
such organ or authority or person.
۲. Such a recourse may be made by a person whose any existing legitimate
interest٫ which he has either as a person or by virtue of being a member of a
Community٫ is adversely and directly affected by such decision or act or
omission.
۳. Such a recourse shall be made within seventy-five days of the date when the
decision or act was published or٫ if not published and in the case of an
omission٫ when it came to the knowledge of the person making the recourse.
۴. Upon such a recourse the Court may٫ by its decision –
(a) confirm٫ either in whole or in part٫ such decision or act or omission;
or
(b) declare٫ either in whole or in part٫ such decision or act to be null and
void and of no effect whatsoever٫ or
(c) declare that such omission٫ either in whole or in part٫ ought not to have
been made and that whatever has been omitted should have been performed.
۵. Any decision given under paragraph ۴ of this Article shall be binding on all
courts and all organs or authorities in the Republic and shall be given effect
to and acted upon by the organ or authority or person concerned.
۶. Any person aggrieved by any decision or act declared to be void under
paragraph ۴ of this Article or by any omission declared thereunder that it
ought not to have been made shall be entitled٫ if his claim is not met to his
satisfaction by the organ٫ authority or person concerned٫ to institute legal
proceedings in a court for the recovery of damages or for being granted other
remedy and to recover just and equitable damages to be assessed by the court or
to be granted such other just and equitable remedy as such court is empowered
to grant.
Article ۱۴۷ []
The Supreme Constitutional Court shall have exclusive jurisdiction to
adjudicate finally on a motion made by the Attorney-General and the Deputy
Attorney-General of the Republic٫ in accordance with the provisions of
paragraph ۳ of Article ۴۴٫ with regard to the question of the existence of such
permanent or temporary incapacity٫ or absence٫ otherwise than temporary٫ of the
President or the Vice-President of the Republic٫ as would prevent him to
perform effectively his duties as in sub-paragraph (d) of paragraph ۱ of
Article ۴۴ provided.
Article ۱۴۸ []
Subject to the provisions of paragraph ۳ of Article ۱۴۴٫ any decision of the
Supreme Constitutional Court on any matter within its jurisdiction or
competence shall be binding on all courts٫ organs٫ authorities and persons in
the Republic.
Article ۱۴۹ []
The Supreme Constitutional Court shall have exclusive jurisdiction –
(a) to determine any conflict between the two texts of this Constitution by
reference to the text of the draft of this Constitution signed at Nicosia on
the ۶th April٫ ۱۹۶۰٫ in the Joint Constitutional Commission together with the
schedule of amendments thereto signed on* by representatives of the Kingdom of
Greece٫ the Republic of Turkey and the Greek and Turkish Cypriot communities٫
due regard being had to the letter and spirit of the Zurich Agreement dated the
۱۱th February٫ ۱۹۵۹٫ and of the London Agreement dated the ۱۹th of February٫
۱۹۵۹;
(b) to make٫ in case of ambiguity٫ any interpretation of this Constitution due
regard being had to the letter and spirit of the Zurich Agreement dated the
۱۱th February٫ ۱۹۵۹٫ and of the London Agreement dated the ۱۹th February٫ ۱۹۵۹.
Article ۱۵۰ []
The Supreme Constitutional Court shall have jurisdiction to punish for contempt
of itself.
Article ۱۵۱ []
۱. Notwithstanding anything in the foregoing provisions of this Part٫ the
Supreme Constitutional Court shall have exclusive competence to decide finally
on a reference made to it by the Public Service Commission under sub-paragraph
(۲) of paragraph ۳ of Article ۱۲۵.
۲. Nothing in this Article contained shall preclude any recourse to the Supreme
Constitutional Court under Article ۱۴۶ on a complaint concerning any decision٫
act or omission of the Public Service Commission.
Part ۱۰ The High Court and the Subordinate Courts
Article ۱۵۲ []
۱. The judicial power٫ other than that exercised under Part IX by the Supreme
Constitutional Court and under paragraph ۲ of this Article by the courts
provided by a communal law٫ shall be exercised by a High Court of Justice and
such inferior courts as may٫ subject to the provisions of this Constitution٫ be
provided by a law made thereunder.
۲. The judicial power with respect to civil disputes relating to personal
status and to religious matters which are reserved under Article ۸۷ for the
Communal Chambers shall be exercised by such courts as a communal law made
under the provisions of this Constitution shall provide.
Article ۱۵۳ []
۱. (۱) There shall be a High Court of Justice composed of two Greek judges٫ one
Turkish judge and a neutral judge. The neutral judge shall be the President of
the Court and shall have two votes.
(۲) The President and the other judges of the High Court shall be appointed
jointly by the President and the Vice-President of the Republic:
Provided that in the case of a vacancy solely in the post of either a Greek
judge or the Turkish judge the proposal of the President or the Vice-President
of the Republic to whose Community the judge to be appointed shall belong shall
prevail if the President and the Vice-President of the Republic do not agree on
the appointment within a week of such proposal.
۲. The seat of the High Court shall be in the capital of the Republic.
۳. The neutral judge shall not be a subject or a citizen of the Republic or of
the Kingdom of Greece or of the Republic of Turkey or of the United Kingdom and
the Colonies.
۴. The Greek judges and the Turkish judge of the High Court shall be citizens
of the Republic.
۵. The President and the other judges of the High Court shall be appointed from
amongst lawyers of high professional and moral standard.
۶. (۱) The President of the High Court shall be appointed for a period of six
years.
(۲) The remuneration and other conditions of service of the President of the
High Court shall be laid down in the instrument of his appointment.
(۳) The conditions of service of the President of the High Court to be laid
down in the instrument of his appointment as provided in sub-paragraph (۲) of
this paragraph shall include –
(a) provision for his retirement on the same grounds as those on which a Greek
or the Turkish judge may be retired under sub-
paragraph (۳) of paragraph ۷ of this Article; and
(b) provision for his dismissal on the same grounds as those on which such
Greek or Turkish judge may be dismissed under sub-paragraph (۴) of paragraph ۷
of this Article.
۷. (۱) The Greek judges and the Turkish judge of the High Court shall be
permanent members of the judicial service of the Republic and shall hold office
until they attain the age of sixty-
eight.
(۲) Without prejudice to any retirement pension٫ gratuity or any other like
benefit he may have acquired under the provisions of any law٫ any Greek judge
or the Turkish judge of the High Court may at any time resign his office by
writing under his hand addressed to the President and the Vice-President of the
Republic.
(۳) Any Greek or the Turkish judge of the High Court shall be retired on
account of such mental or physical incapacity or infirmity as would render him
incapable of discharrrging the duties of his office either permanently or for
such period of time as would render it impracticable for him to continue in
office. A judge so retired shall be entitled to all benefits and emoluments
provided by any law in force for the time being.
(۴) A Greek or the Turkish judge of the High Court may be dismissed on the
ground of misconduct.
۸. (۱) There shall be established a Council consisting of the President of the
Supreme Constitutional Court as Chairman and the Greek and the Turkish judge of
the Supreme Constitutional Court as members.
(۲) This Council shall have exclusive competence to determine all matters
relating to –
(a) the retirement٫ dismissal or otherwise the termination of the appointment
of the President of the High Court in accordance with the conditions of service
laid down in the instrument of his appointment;
(b) the retirement or dismissal of any Greek judge or the Turkish judge of the
High Court on any of the grounds provided in sub-paragraphs (۳) and (۴) of
paragraph ۷ of this Article.
(۳) The proceedings of the Council under sub-paragraph (۲) of this paragraph
shall be of a judicial nature and the judge concerned shall be entitled to be
heard and present his case before the Council.
(۴) The decision of the Council taken by a majority shall be binding upon the
President and the Vice-President of the Republic who shall jointly act
accordingly.
۹. In the case of temporary absence or incapacity of the President of the High
Court or of one of the Greek judges or of the Turkish judge thereof the
President of the Supreme Constitutional Court or the Greek judge or the Turkish
judge thereof respectively shall act in his place during such temporary absence
or incapacity:
Provided that if it is impracticable or inconvenient for the Greek or the
Turkish judge of the Supreme Constitutional Court to act٫ the senior in office
Greek or Turkish judge in the judicial service of the Republic shall so act
respectively.
۱۰. No action shall be brought against the President or any other judge of the
High Court for any act done or words spoken in his judicial capacity.
۱۱. The remuneration and other conditions of service of the Greek judges and of
the Turkish judge of the High Court shall be fixed by a law.
۱۲. The remuneration and other conditions of service of any judge of the High
Court shall not be altered to his disadvantage after his appointment.
Article ۱۵۴ []
The sittings of the High Court for the hearing of all proceedings shall be
public but the court may hear any proceedings in the presence only of the
parties٫ if any٫ and the officers of the court if it considers that such a
course will be in the interest of the orderly conduct of the proceedings or if
the security of the Republic or public morals so require.
Article ۱۵۵ []
۱. The High Court shall be the highest appellate court in the Republic and
shall have jurisdiction to hear and determine٫ subject to the provisions of
this Constitution and of any Rules of Court made thereunder٫ all appeals from
any court other than the Supreme Constitutional Court.
۲. Subject to paragraphs ۳ and ۴ of this Article the High Court
shall have such original and revisional jurisdiction as is provided by this
Constitution or as may be provided by a law:
Provided that where original jurisdiction is so conferred٫ such jurisdiction
shall٫ subject to Article ۱۵۹٫ be exercised by such judge or judges of the High
Court as the High Court shall determine:
Provided further that there shall be a right of appeal to the High Court from
their decision.
۳. The High Court shall٫ to the exclusion of any other court٫ determine the
composition of the court which is to try a civil case where the plaintiff and
the defendant belong to different Communities and of the court which is to try
a criminal case in which the accused and the injured party belong to different
Communities. Such court shall be composed of judges belonging to both the Greek
and the Turkish Communities.
۴. The High Court shall have exclusive jurisdiction to issue orders in the
nature of habeas corpus٫ mandamus٫ prohibition٫ quo warranto and certiorari.
Article ۱۵۶ []
The following offences in the first instance shall be tried by a court composed
of such judges belonging to both Communities as the High Court shall determine
presided over by the President of the High Court: –
(a) treason and other offences against the security of the Republic;
(b) offences against the Constitution and the constitutional order:
Provided that in the appeal from any decision of such court the High Court
shall be presided over by the President of the Supreme Constitutional Court in
the place of the President of the High Court and in such a case the President
of the Supreme Constitutional Court shall have all the powers vested in the
President of the High Court.
Article ۱۵۷ []
۱. Save as otherwise provided in this Constitution with regard to the Supreme
Constitutional Court٫ the High Court shall be the Supreme Council of
Judicature٫ and its President shall have two votes.
۲. The appointment٫ promotion٫ transfer٫ termination of appointment٫ dismissal
and disciplinary matters of judicial officers are exclusively within the
competence of the Supreme Council of Judicature.
۳. No judicial officer shall be retired or dismissed except on the like grounds
and in the same manner as a judge of the High Court.
Article ۱۵۸ []
۱. A law shall٫ subject to the provisions of this Constitution. provide for the
establishment٫ jurisdiction and powers of courts of civil and criminal
jurisdiction other than courts to be provided by a communal law under Article
۱۶۰.
۲. Any such law shall provide for the establishment of adequate courts in
sufficient number for the proper and undelayed
administration of justice and for securing within the limits of their
respective competence the efficient application of the provisions of this
Constitution guaranteeing the fundamental rights and liberties.
۳. A law shall provide for the remuneration and other conditions of service of
the judges of the courts to be established under paragraph ۱ of this Article.
The remuneration and other conditions of service of any such judge shall not be
altered to his disadvantage after his appointment.
Article ۱۵۹ []
۱. A court exercising civil jurisdiction in a case where the plaintiff and the
defendant belong to the same Community shall be composed solely of a judge or
judges belonging to that Community.
۲. A court exercising criminal jurisdiction in a case where the accused and the
person injured belong to the same Community٫ or where there is no person
injured٫ shall be composed of a judge or judges belonging to that Community.
۳. Where in a civil case the plaintiff and the defendant belong to different
Communities the court shall be composed of such judges belonging to both
Communities as the High Court shall determine.
۴. Where in a criminal case the accused and the person injured belong to
different Communities the court shall be composed of such judges belonging to
both Communities as the High Court shall determine.
۵. A coroner”s inquest where the deceased belonged to the Greek Community
shall be conducted by a Greek coroner and where the deceased belonged to the
Turkish Community shall be conducted by a Turkish coroner. In case there are
more than one deceased belonging to different Communities the inquest shall be
conducted by such coroner as the High Court may direct.
۶. The execccution of any judgement or order of a court exercising civil or
criminal jurisdiction٫ if the court is composed of a Greek judge or Greek
judges shall be carried out through Greek officers of the court٫ if the court
is composed of a Turkish judge or Turkish judges shall be carried out through
Turkish officers of the court٫ and in any other case such execccution shall be
carried out by such officers as the court of trial shall direct.
Article ۱۶۰ []
۱. A communal law made by the Communal Chamber concerned shall٫ subject to the
provisions of this Constitution٫ provide for the establishment٫ composition and
jurisdiction of courts to deal with civil disputes relating to personal status
and to religious matters which are reserved for the competence of the Communal
Chambers by the provisions of this Constitution.
۲. By such law provision shall be made for appeals against the decisions of
such courts and for the composition of the courts by which such appeals are to
be heard and determined and for the jurisdiction and powers of such appellate
courts. A communal law made under this paragraph may provide that such
appellate court may be composed of a judge or judges of the High Court either
sitting alone or with such other judge or judges in the judicial service of the
Republic as such law may determine.
۳. Any such court as aforesaid in the exercise of its jurisdiction٫ shall apply
the laws made by the Communal Chamber concerned:
Provided that nothing in this paragraph contained shall preclude a court of the
Republic from applying in a case٫ where an issue relating to personal status or
to religious matters is raised incidentally٫ the relevant communal law.
Article ۱۶۱ []
Subject to paragraph ۳ of Article ۱۶۰ the courts of the Republic shall have
power to apply also the relevant communal laws other than those relating to
personal status and to religious matters.
Article ۱۶۲ []
The High Court shall have jurisdiction to punish for any contempt of itself٫
and any other court of the Republic٫ including a court established by a
communal law under Article ۱۶۰٫ shall have power to commit any person
disobeying a judgement or order of such court to prison until such person
complies with such judgement or order and in any event for a period not
exceeding twelve months.
A law or a communal law٫ notwithstanding anything in Article ۹۰ contained٫ as
the case may be٫ may provide for punishment for contempt of court.
Article ۱۶۳ []
۱. The High Court shall make Rules of Court for regulating the practice and
procedure of the High Court and of any other court established by or under this
Part of this Constitution٫ other than a court established under Article ۱۶۰.
۲. Without prejudice to the generality of paragraph ۱ of this Article the High
Court may make Rules of Court for the following purposes: –
(a) for regulating the sittings of the courts and the selectttion of judges
for any purpose;
(b) for providing for the summary determination of any appeal or other
proceedings which appear to the High Court or such other court before which
such proceedings are pending to be frivolous or vexatious or to have been
instituted for the purpose of delaying the course of justice;
(c) for prescribing forms and fees in respect of proceedings in the courts and
regulating the costs of٫ and incidental to٫ any such proceedings;
(d) for prescribing and regulating the composition of the registries of the
courts and the powers and duties of officers of the courts;
(e) for prescribing the time within which any requirement of the Rules of Court
is to be complied with;
(f) for prescribing the practice and procedure to be followed by the Supreme
Council of Judicature in the exercise of its competence with regard to
disciplinary matters relating to judicial officers.
۳. Rules of Court made under this Article may fix the number of judges of the
High Court who are to hear any specified
matter:
Provided that in the exercise of the jurisdiction conferred on the High Court
by or under this Constitution no matter shall be determined unless the
provisions of Article ۱۵۹ are complied with and for the hearing of any appeal٫
including an appeal under Article ۱۵۶٫ the High Court shall٫ subject to
paragraph ۲ of Article ۱۶۰٫ be composed of all its members.
Article ۱۶۴ []
۱. Any appellate court createeed under paragraph ۲ of Article ۱۶۰ shall make
Rules of Court for regulating the practice and procedure of such court and the
practice and procedure of any court from which any appeal shall lie
۲. Without prejudice to the generality of paragraph ۱ of this Article such
appellate court may make Rules of Court for itself and for the Courts from
which an appeal shall lie to it for the following purposes :
(a) for regulating the sittings of such courts;
(b) for prescribing forms and fees in respect of proceedings in such courts and
for regulating the costs of٫ and incidental to٫ any such proceedings;
(c) for prescribing and regulating the composition of registries of such courts
and the powers and duties of officers of such courts;
(d) for prescribing the time within which any requirement of such Rules of
Court is to be complied with.
Part ۱۱ Financial Provisions
Article ۱۶۵ []
۱. All revenues and moneys٫ howsoever raised or received by the Republic٫
shall٫ subject to the provisions of this Constitution and of the law٫ be paid
into and form one fund to be known as the Consolidated Fund of the Republic.
۲. All revenues and moneys٫ howsoever raised or received by a Communal Chamber٫
shall٫ subject to any communal law٫ be paid into and form one fund٫ to be known
as the Consolidated Fund of that Communal Chamber.
۳. Unless the context otherwise requires any reference in this Constitution to
the Consolidated Fund shall be construed as a reference to the Consolidated
Fund of the Republic provided in paragraph l of this Article.
Article ۱۶۶ []
۱. There shall be charrrged on the Consolidated Fund٫ in addition to any
grant٫ remuneration or other moneys charrrged by any other provision of this
Constitution or law –
(a) all pensions and gratuities for which the Republic is liable;
(b) the emoluments of the President and the Vice-President of the Republic and
the salaries of the judges of the Supreme Constitutional Court and of the High
Court٫ of the Attorney-
General and of the Deputy Attorney-General of the Republic٫ of
the Auditor-General and of the Deputy Auditor-General٫ of the Governor and the
Deputy Governor of the Issuing Bank of the Republic and of the members of the
Public Service Commission;
(c) all debt charrrges for which the Republic is liable; and
(d) any moneys required to satisfy any judgement٫ decision or award against the
Republic by any court.
۲. For the purposes of this Article debt charrrges include interest٫ sinking
fund charrrges٫ the repayment of amortisation of debt and all expenditure in
connection with the raising of loans on the security of the Consolidated Fund
and the service and redemption of debt createeed thereby.
Article ۱۶۷ []
۱. The Minister of Finance shall٫ upon receipt of the estimates of each
Ministry and of each Independent Office of the Republic٫ cause to be prepared
in respect of every financial year a comprehensive Budget of the Republic for
that year which٫ when approved by the Council of Ministers٫ shall be laid
before the House of Representatives.
۲. The estimates of expenditure in the Budget shall show separately –
(a) the total sums required to meet expenditure charrrged on the Consolidated
Fund; and
(b) the sums respectively required to meet other expenditure.
۳. The said Budget shall also show٫ so far as is practicable٫ the assets and
liabilities of the Republic at the end of the last completed financial year٫
the manner in which those assets are invested or held and particulars in
respect of outstanding liabilities.
۴. The expenditure to be met from the Consolidated Fund but not charrrged
thereon shall be submitted to the House of Representatives for adoption and if
adopted shall be included in the Budget in respect of that financial year.
۵. If in respect of any financial year it is found that the amount adopted by
the House of Representatives for any purpose is insufficient or that a need has
arisen for expenditure for a purpose for which no amount has been adopted a
supplementary budget showing the sums required shall be laid before the House
of Representatives for adoption and if adopted by the House of Representatives
shall be included in the Budget in respect of that financial year.
۶. The House of Representatives may approve or refuse its approval to any
expenditure contained in a supplementary Budget but may not vote an increased
amount or an alteration in its destination.
Article ۱۶۸ []
۱. No expenditure shall be met from the Consolidated Fund or other Public Funds
except upon the authority of a warrant under the hand of the Minister of
Finance:
Provided that the Minister of Finance shall not refuse to sign any such warrant
for an expenditure provided for in the Budget.
۲. Subject to the provisions of paragraph ۳ of this Article٫ no such warrant
shall be issued unless such expenditure has been adopted in the Budget for the
financial year to which the
warrant relates in the Budget.
۳. If the Budget has not been adopted by the House of Representatives by the
first day of the financial year to which it relates٫ the House of
Representatives may٫ subject to the provisions of this Constitution٫ by a
resolution٫ authorise the meeting of any expenditure required٫ for a period not
exceeding one month at any one time but in any event not exceeding two months
in the aggregate٫ from the Consolidated Fund or other Public Funds as they may
consider essential for the continuance of the public services shown in the
Budget until the expiration of such period:
Provided that the expenditure so authorised for any service shall not exceed
the proportion with respect to such period of the amount voted for that service
in the Budget for the preceding financial year.
Part ۱۲ Miscellaneous Provisions
Article ۱۶۹ []
Subject to the provisions of Article ۵۰ and paragraph ۳ of Article ۵۷ –
(۱) every international agreement with a foreign State or any International
Organisation relating to commercial matters٫ economic co-operation (including
payments and credit) and modus vivendi shall be concluded under a decision of
the Council of Ministers;
(۲) any other treaty٫ convention or international agreement shall be negotiated
and signed under a decision of the Council of Ministers and shall only be
operative and binding on the Republic when approved by a law made by the House
of Representatives whereupon it shall be concluded;
(۳) treaties٫ conventions and agreements concluded in accordance with the
foregoing provisions of this Article shall have٫ as from their publication in
the official Gazette of the Republic٫ superior force to any municipal law on
condition that such treaties٫ conventions and agreements are applied by the
other party thereto.
Article ۱۷۰ []
۱. The Republic shall٫ by agreement on appropriate terms” accord
most-favoured-nation treatment to the Kingdom of Greece٫ the Republic of Turkey
and the United Kingdom of Great Britain and Northern Ireland for all agreements
whatever their nature might be.
۲. The provisions of paragraph ۱ of this Article shall not apply to the Treaty
concerning the Establishment of the Republic of Cyprus between the Republic٫
the Kingdom of Greece٫ the Republic of Turkey and the United Kingdom of Great
Britain and Northern Ireland concerning the bases and military facilities
accorded to the United Kingdom.
Article ۱۷۱ []
۱. In sound and vision broadcasting there shall be programmes both for the
Greek and the Turkish Communities.
۲. The time allotted to programmes for the Turkish Community in sound
broadcasting shall not be less than seventy-five hours in a seven-day week٫
spread to all days of such week in daily normal periods of transmission:
Provided that if the total period of transmissions has to be reduced so that
the time allotted to programmes for the Greek Community should fall below
seventy-five hours in a seven-day week٫ then the time allotted to programmes
for the Turkish Community in any such week should be reduced by the same number
of hours as that by which the time allotted to programmes for the Greek
Community is reduced below such hours:
Provided further that if the time allotted to programmes for the Greek
Community is increased above one hundred and forty hours in a seven-day week٫
then the time allotted to programmes for the Turkish Community shall be
increased in the ratio of three hours for the Turkish Community to every seven
hours for the Greek Community.
۳. In vision broadcasting there shall be allotted three transmission days to
the programmes for the Turkish Community of every ten consecutive transmission
days and the total time allotted to the programmes for the Turkish Community in
such ten transmission days shall be in the ratio of three hours to seven hours
allotted to programmes for the Greek Community in such ten transmission days.
۴. All official broadcasts in sound and vision shall be made both in Greek and
Turkish and shall not be taken into account for the purposes of calculating the
time under this Article.
Article ۱۷۲ []
The Republic shall be liable for any wrongful act or omission causing damage
committed in the exercise or purported exercise of the duties of officers or
authorities of the Republic.
A law shall regulate such liability.
Article ۱۷۳ []
۱. Separate municipalities shall be createeed in the five largest towns of the
Republic٫ that is to say٫ Nicosia٫ Limassol٫ Famagusta٫ Larnaca and Paphos by
the Turkish inhabitants thereof:
Provided that the President and the Vice-President of the Republic shall within
four years of the date of the coming into operation of this Constitution
examine the question whether or not this separation of municipalities in the
aforesaid towns shall continue.
۲. The council of the Greek municipality in any such town shall be elected by
the Greek electors of the town and the council of the Turkish municipality in
such town shall be elected by the Turkish electors of the town.
۳. In each such town a co-ordinating body shall be set up composed of two
members chosen by the council of the Greek municipality٫ two members chosen by
the council of the Turkish municipality and a President chosen by agreement
between the two councils of such municipalities in such town. Such
co-ordinating body shall provide for work which needs to be carried out
jointly٫ shall carry out joint services entrusted to it by agreement of the
councils of the two municipalities within the town and shall concern itself
with matters which require a
degree of co-operation.
Article ۱۷۴ []
Within the limits of any such town no municipal tax٫ rate٫ fee or any other
revenue shall be imposed or levied upon or collected from any person by any
such municipality unless such person belongs to the same Community as the
municipality concerned:
Provided that –
(a) fees payable in connection with the use of municipal markets٫ slaughter
houses and other municipal places which are in the region within which the
council of one of such municipalities in any such town exercises its
jurisdiction;
(b) entertainment fees payable in connection with premises or places in the
region within which the council of one of such municipalities in any such town
exercises its jurisdiction;
(c) such fees as may be agreed upon between the two councils of such
municipalities in any such town for any services additional to٫ or in excess
of٫ those usually rendered by a municipality٫ to a person not belonging to the
Community thereof٫ shall be paid to the council of such municipality:
Provided further that in case any service in the way of control٫ inspection and
the like is rendered by one of the municipalities to a person belonging to the
Community of the other municipality in any such town any fees in respect
thereof shall be payable to the municipality rendering such service.
Article ۱۷۵ []
No licence or permit shall be issued to any person by a municipality in any
such town not belonging to the Community of such municipality:
Provided that licences or permits relating to premises٫ places or building
operations in the region within which one of such municipalities in any such
town exercises its jurisdiction shall be issued by the council of such
municipality and any service٫ control or supervision in connection with such
licences or permits shall be performed by the council of such municipality and
any such fee payable in respect thereof shall be collected by such council.
Article ۱۷۶ []
Nothing in Articles ۱۷۳ to ۱۷۸٫ both inclusive٫ contained shall be construed as
precluding a law to provide for town planning with respect to any such
municipalities subject to the following conditions: –
(a) the planning authority for any such town shall consist of ten members٫ out
of whom seven shall be Greeks and three shall be Turks;
(b) all decisions of such authority shall be taken by an absolute majority:
Provided that no decision affecting a Greek municipality shall be taken unless
such majority includes the votes of at least four Greek members٫ and no
decision affecting a Turkish municipality shall be taken unless such majority
includes the votes of at least two Turkish members;
(c) all matters of a town planning nature affecting any such town and any
regulation of any such matter shall be entrusted exclusively to such planning
authority.
Article ۱۷۷ []
Subject to the provisions of Articles ۱۷۳ to ۱۷۸٫ both inclusive٫ each
municipality in any such town shall exercise its jurisdiction and perform all
its functions respectively within a region the limits of which shall be fixed
for each municipality by agreement of the President and the Vice-President of
the Republic.
Article ۱۷۸ []
With regard to other localities٫ a special provision shall be made for the
constitution of the organs of the municipalities in accordance٫ as far as
possible٫ with the rule of proportional representation of the two Communities.
Part ۱۳ Final Provisions
Article ۱۷۹ []
۱. This Constitution shall be the supreme law of the Republic.
۲. No law or decision of the House of Representatives or of any of the Communal
Chambers and no act or decision of any organ٫ authority or person in the
Republic exercising execccutive power or any administrative function shall in
any way be repugnant to٫ or inconsistent with٫ any of the provisions of this
Constitution.
Article ۱۸۰ []
۱. The Greek and the Turkish texts of this Constitution shall both be originals
and shall have the same authenticity and the same legal force.
۲. Any conflict between the two texts of this Constitution shall be determined
by the Supreme Constitutional Court by reference to the text of the draft of
this Constitution signed at Nicosia on the ۶th April٫ ۱۹۶۰٫ in the Joint
Constitutional Commission together with the Schedule of amendments thereto
signed on* by representatives of the Kingdom of Greece٫ the Republic of Turkey
and the Greek and Turkish Cypriot communities٫ due regard being had to the
letter and spirit of the Zurich Agreement dated the ۱۱th February٫ ۱۹۵۹٫ and of
the London Agreement dated the ۱۹th February٫ ۱۹۵۹.
۳. In case of ambiguity any interpretation of the Constitution shall be made by
the Supreme Constitutional Court due regard being had to the letter and spirit
of the Zurich Agreement dated the ۱۱th February٫ ۱۹۵۹٫ and of the London
Agreement dated the ۱۹th February٫ ۱۹۵۹.
Article ۱۸۱ []
The Treaty guaranteeing the independence٫ territorial integrity and
Constitution of the Republic concluded between the
Republic٫ the Kingdom of Greece٫ the Republic of Turkey and the United Kingdom
of Great Britain and Northern Ireland٫ and the Treaty of Military Alliance
concluded between the Republic٫ the Kingdom of Greece and the Republic of
Turkey٫ copies of which are annexed to this Constitution as Annexes I and IÉ٫
shall have constitutional force.
Article ۱۸۲ []
۱. The Articles or parts of Articles of this Constitution set out in Annex III
hereto which have been incorporated from the Zurich Agreement dated ۱۱th
February٫ ۱۹۵۹٫ are the basic Articles of this Constitution and cannot٫ in any
way٫ be amended٫ whether by way of variation٫ addition or repeal.
۲. Subject to paragraph ۱ of this Article any provision of this Constitution
may be amended٫ whether by way of variation٫ addition or repeal٫ as provided in
paragraph ۳ of this Article.
۳. Such amendment shall be made by a law passed by a majority vote comprising
at least two-thirds of the total number of the Representatives belonging to the
Greek Community and at least two-thirds of the total number of the
Representatives belonging to the Turkish Community.
Article ۱۸۳ []
۱. In case of war or other public danger threatening the life of the Republic
or any part thereof٫ the Council of Ministers shall have power٫ by a decision
taken in this respect٫ to issue a Proclamation of Emergency:
Provided that the President and the Vice-President of the Republic shall٫
separately or conjointly٫ have a right of veto against any such decision which
they shall exercise within forty-
eight hours of the date when the decision has been transmitted to their
respective offices.
۲. Any such Proclamation shall specify the Articles of the Constitution which
shall be suspended for the duration of such Emergency:
Provided that only the following Articles of the Constitution may be suspended
by any such Proclamation that is to say: –
Article ۷٫ only in so far as it relates to death inflicted by a permissible act
of war;
Article ۱۰٫ paragraphs ۲ and ۳; Article ۱۱; Article ۱۳; Article ۱۶;
Article ۱۷; Article ۱۹; Article ۲۱; Article ۲۳٫ paragraph ۸٫
sub-paragraph (d); Article ۲۵ and Article ۲۷.
۳. The President and the Vice-President of the Republic shall٫ unless٫
separately or conjointly٫ they have exercised their right of veto as provided
in paragraph ۱ of this Article٫ promulgate forthwith such Proclamation by
publication in the official Gazette of the Republic.
۴. A Proclamation promulgated under the foregoing provisions of this Article
shall be laid forthwith before the House of Representatives. If the House of
Representatives is not sitting it must be convened as soon as possible for this
purpose.
۵. The House of Representatives shall have the right to reject or confirm such
Proclamation of Emergency. In the case of rejection the Proclamation of
Emergency shall have no legal effect. In the case of confirmation the President
and the Vice-
President of the Republic shall promulgate forthwith such decision of the House
of Representatives by publication in the
official Gazette of the Republic.
۶. The Proclamation of Emergency shall cease to operate at the expiration of
two months from the date of confirmation by the House of Representatives unless
the House٫ at the request of the Council of Ministers decides to prolong the
duration of the state of emergency٫ whereupon the President and the
Vice-President of the Republic٫ separately or conjointly٫ shall have a right of
veto against such decision of prolongation to be exercised in accordance with
Article ۵۰.
۷. (۱) While a Proclamation is in operation٫ notwithstanding anything in this
Constitution٫ the Council of Ministers if satisfied that immediate action is
required may٫ subject to the right of veto of the President and the
Vice-President of the Republic under Article ۵۷ to be exercised٫ separately or
conjointly٫ make any ordinance strictly connected with the state of emergency
havinggg the force of law.
(۲) If no right of veto is exercised under sub-paragraph (۱) of this paragraph
the President and the Vice-President of the Republic shall forthwith promulgate
by publication in the official Gazette of the Republic such ordinance.
(۳) Such ordinance if not sooner revoked shall cease to be in force at the
expiration of the emergency.
Article ۱۸۴ []
۱. Where any ordinance promulgated in pursuance of sub-
paragraph (۲) of paragraph ۷ of Article ۱۸۳ provides for preventive detention –
(a) the authority on whose order any person is detained under that ordinance
shall٫ as soon as may be٫ inform him of the grounds for his detention and٫
subject to paragraph ۳ of this Article٫ the allegations of fact on which the
order is based٫ and shall give him the opportunity of making representations
against the order as soon as may be;
(b) no citizen shall be detained under that ordinance for a period exceeding
one month unless an advisory board constituted as mentioned in paragraph ۲ of
this Article has considered any representations made by him under sub-
paragraph (a) of this paragraph and has reported٫ before the expiration of that
period٫ that there is in its opinion sufficient cause for the detention.
۲. An advisory board constituted for the purposes of this Article shall consist
of a Chairman٫ who shall be appointed jointly by the President and the
Vice-President of the Republic from among persons who are or have been judges
of the High Court or are qualified to be judges of such Court٫ and two other
members٫ who shall be appointed jointly by the President and the Vice-President
of the Republic after consultation with the President of the High Court.
۳. This Article does not require any authority to disclose facts of which
disclosure would in its opinion be against the national interest.
Article ۱۸۵ []
۱. The territory of the Republic is one and indivisible.
۲. The integral or partial unionnn of Cyprus with any other State or the
separatist independence is excluded.
Article ۱۸۶ []
۱. In this Constitution٫ unless it is otherwise expressly provided or required
by the context –
(۱) “Community” means the Greek or the Turkish Community;
“court” includes any judge thereof;
“Greek” means a member of the Greek Community as defined in Article ۲;
“law” when used in relation to the period after the coming into operation of
this Constitution means a law of the Republic;
“person” includes any company٫ partnership٫ association٫ society٫ institution
or body of persons٫ corporate or unincorporate;
“Republic” means the Republic of Cyprus;
“Turk” or “Turkish” means a member of the Turkish Community as defined in
Article ۲;
(۲) words importing the masculine gender include females and words in the
singular include the plural and vice-versa.
۲. Where a power is conferred by this Constitution to make any order٫ rules٫
regulations or bye-laws or to give any directions the power shall be construed
as including a power exercisable in like manner to amend or revoke any such
order٫ rules٫ regulations٫ bye-laws or directions.