Monthly Archives: August 2018

A quick trip to Wales

I went on a flying visit to Wales on Business and therefor I didn't really have time to stop and take many photos as I would normally do, I only caught whatever I did 'en-route'

I absolutely love Wales, it is such a pretty place and with every corner that you turn, there is yet more beautiful scenery waiting for you. On this occasion I went to the Rondda Valley, which was one of the more deprived areas of Wales after the Coal mines closed, but thirty years on, it has recovered and the area does not feel destitute any more. It isn't exactly affluent, but it is clean and tidy, the houses are all well maintained and the crime levels have dropped from the high levels of the eighties.

One amazing characteristic of Wales, is of course the Sheep, they are not only fearless, they are actually quite boisterous, they are more than comfortable to graze on the roadside and if you approach them, they actually stare you out!

I took a little video as I was crossing the Severn Bridge and when I stopped along the side of the road near Treorchy, I was approached by a cheeky Sheep, who had a few of my chips. I hope to visit again soon, but next time, I am hoping that I have more time to capture the stunning images that are possible in this beautiful place.

Lifeboat Relationships

According to Urban Dictionary:

Lifeboat Relationship
Noun,
A side relationship created before the end of a relationship that the cheater transitions to after the break up.
Is this strictly true? Well, not really,  passenger in a lifeboat relationship may in reality not be cheating, that is their relationship with their previous partner may have ended, but they are not over it. I have always said, that in emotional terms, you are still in a relationship with someone until you have let go, even if they are not around, so although no act of deceit is being perpetrated, the 'lifeboat passenger' is left on an emotional desert island, they are stranded and unable to make it on their own, they need rescuing.
This is where the lifeboat relationship becomes a useful, albeit frequently unplanned stepping stone to emotional recovery. When we are hurt, we can all seek consolation from friends, both new and old, as we are very much life a leaf in the wind.
However, these relationships are often, not founded in the normal way. because the passenger has not been drawn to the lifeboat because they find them attractive, or because they want to be with them, they are drawn to the feeling of compassion, sympathy, understanding and last but not least, a very accommodating listener.
For those very reasons, the 'Cheaters and the Beaters' are never lifeboats, because they are the ones who leave their partners emotionally destitute, they do no have compassion and they have no time for sympathy, but sadly, for reasons that may be primitive, yet still subconsciously relevant after so much evolution, the victims are still drawn to them.
So how does this lifeboat relationship progress?
In the first instance, it can begin with a few jokes, some laughter, a feeling of making the passenger forget their problems, therefore, they may temporarily feel a little better. As time goes by, the passenger feels safe and secure whenever they make contact with the lifeboat, they need their daily fix of sympathy and reassurance. The interaction may be purely platonic, messages, phone calls and the odd coffee, it could even become sexual, but even then, it is not always a mutual display of emotional expression. It is often a situation of two opposing halves, for one, it is about wanting to be the love of the other's life, yet for the other, it is about FORGETTING the love of their life.
Relationships founded on quicksand rarely succeed
As time goes by, the dynamics of these relationships can change, as the lifeboat becomes increasingly emotionally involved and the passenger becomes increasingly emotionally free. This become more profound as the lifeboat is taking the passenger closer to 'Dry Land' or what is actually, emotional recovery.
As this happens, the passenger invariably begins to view the lifeboat in a different way, they gradually become the person they want around, but do not necessarily want to be with. As the process continues, the lifeboat will reach dry land at some point and the passenger has reached a point of emotional recovery, so they jump off and more often than not, they head straight for the 'Beaters and the Cheaters' who put them there in the first place.
So what becomes of the lifeboat?
The lifeboat is now left empty, used and abused, sometimes they may continue to offer kindness and support in a form of blind hope, sometimes they may accept reality and endeavour to walk away, but there is one problem here, the passenger may have not completely recovered, they only perceive that they have thanks to the support of the lifeboat and when it seems that the lifeboat is about to leave, the passenger can often play on their feelings so that they will stay, they are the passenger's support, their strength, confidant and their feel better fix.
By their very nature, the lifeboats are kind, caring, sincere and emotional, otherwise they would have never been in that position in the first place. so sadly the effect of this drain on their emotions can b very destructive and very painful, because the longer they are used, the more they have given and the harder it is to turn their back on the passenger.
Sadly, the true reality is that the passengers will continue to 'Island hop' jumping from one lifeboat to another, each time, they leave a trail of hurt and damage behind them, yet each time they will also be drawn to the very situation that they previously ran from, so the cycle continues.
How can the lifeboat recover?
The only way to recover is to take stock of reality, to admit that you have been a lifeboat, if only to yourself and to WALK AWAY! Once you have left the passenger stranded, they will inevitably find another lifeboat, but they will also have no choice but to set you free, which you must do, or you will remain at the mercy of another person's needs. The true foundations of a relationship are based on being wanted.........not needed!

The New Inn on the grand union canal

I have always been a Canal lover, I even sent six months living on a Narrowboat, back in 2007 and it was one of the most wonderful times in my life, I really enjoyed it and would love the opportunity to do so once more.  Being based in Northampton which is on the Grand Union Canal, I was mainly moored at Gayton, which a wonderful stretch of water as there is over 10 miles of uninterrupted waterway without locks, with a pub at each and as well as in the middle.....perfect.

At one end of the stretch is Stoke Bruerne, which is just south of the Blisworth tunnel, to the other end a flight of locks called 'Whilton locks'

At the top lock there is a charming canalside pub called the New Inn, which is on the A5, by road. The Beer garden is right on the lock and offers a front row seat to view the passing boats.  Not only is this a beautifully located pub, but is also a great place to eat and enjoy the scenery.

Just up from the New Inn, there is the junction with the Leicester arm, which runs up through Market Harborough.

 

Emotional Incontinence

It is without doubt, that we are in a climate of UNPRECEDENTED CULTURAL NARCISSISM, as stated very articulately as always by Paul Joseph Watson, the staged emotional outpouring of reality TV which has nothing to do with reality is just the thin end of the wedge.

Looking around social media, it become apparent that people are not just posting to interact with friends or to make new friends, they are posting for a response, for admiration and to be humoured. We frequently hear about people posting photos and then removing them if they do not get enough 'likes' which is a clear sign of the emotional immaturity that has been nurtured in recent years.

We are now living in the greatest climate ever for most people, never in the history of humanity have so many people had so many opportunities and such a high quality of life, (many do not of course) but it seems that those in the most privileged of positions, are the ones who are most emotionally and psychologically imbalanced.

Is this all by chance? No, I do not believe that it is, I fervently believe that this is all part of a greater agenda to misdirect society, to occupy an increasing proportion of the population with triviality, with the aim of avoiding them taking note of reality.

The END GAME: WHY the WEST is LOST

Cultural Marxism may appear to represent some long lost ideology that fell with the Berlin wall, but it is not, it is very real and it is gradually being enforced on society today. The west, which despite the 'white shaming agenda' is the pinnacle of progress and modern civilisation, is falling at an alarming rate.

The cultural lack of respect for our society, or even our continent has not just opened the doors to an influx of those who despise the very values that we stand for, it has opened the floodgates. Political correctness has been used to gag the masses and thanks to strict policing of social media, it has increasingly become offensive to protect our wonderful society for the fear of offending.

It is not yet clear if it is too late, but my guess would be that it is, because the population of Europe represents such a small fraction of the world's total that on further investigation, it becomes clearly apparent that within a generation or two, the Europe that we know will have gone for ever.

Those on the left, may consider that to be a good thing, within Germany, there have even been politicians celebrating the end of the German Race as a national identity, but do they really understand the full implications of becoming the minority to those who hold our society in contempt?

I believe that we are approaching civilisations' darkest hour, it may be within my lifetime that a European country will become the first to fall in to 'indigenous ethnic minority' and that day, will be the day that the annihilation of everything we hold dear will become recognised.

The political classes in anticipation of a backlash are pushing for further distribution of migrants to the far reaches of Europe, with plans to extend that in to leafy villages so that there is nowhere to hide, nowhere to continue our way of life and nowhere that it will be acceptable to object.

This is without doubt, a snowball effect, as the number grow, as our identity is eroded, as the emerging generations show less and less respect for their heritage, the numbers supporting open borders and globalisation will grow, while the persecuted indigenous Europeans, who are a tiny minority in the order of things, are slowly eradicated.

Constitution of the Republic of Cyprus

Presented to Parliament by the Secretary of State for the Colonies, the Secretary of State for Foreign Affairs and the Minister of Defence by Command of Her Majesty July 1960 Cmnd. 1093 Part 1 General Provisions

Article 1
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 2
For the purposes of this Constitution:
(1) 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;
(2) 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;
(3) citizens of the Republic who do not come within the provisions of paragraph (1) or (2) 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;
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(4) 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
(3) of this Article within three months of the date of his so becoming a citizen;
(5) a Greek or a Turkish citizen of the Republic who comes within the provisions of paragraph (1) or (2) 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;
(6) any individual or any religious group deemed to belong to either the Greek or the Turkish Community under the provisions of paragraph (3) 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;
(7) (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 3
1. The official languages of the Republic are Greek and Turkish.
2. Legislative, executive 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.
3. Administrative or other official documents addressed to a Greek or a Turk shall be drawn up in the Greek or the Turkish language respectively.
4. 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 163.
5. Any text in the official Gazette of the Republic shall be published in both
official languages in the same issue.
6. (1) Any difference between the Greek and the Turkish texts of any legislative, executive or administrative act or document published in the official Gazette of the Republic, shall be resolved by a competent court.
(2) 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.
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(3) Where any difference arises between the Greek and the Turkish texts of an executive 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.
(4) A competent court may grant such remedies as it may deem just in any case of a Difference in the texts as aforesaid.
7. The two official languages shall be used on coins, currency notes and stamps.
8. Every person shall have the right to address himself to the authorities of the Republic in either of the official languages.
Article 4
1. The Republic shall have its own flag of neutral design and colour, chosen jointly by the President and the Vice-President of the Republic.
2. The authorities of the Republic and any public corporation or public utility body created 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.
3. 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.
4. 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 5
The Greek and the Turkish Communities shall have the right to celebrate respectively the Greek and the Turkish national holidays.
Part 2 Fundamental Rights and Liberties
Article 6
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 executive 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 7
1. Every person has the right to life and corporal integrity.
2. No person shall be deprived of his life except in the execution 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.
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3. 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 8
No person shall be subjected to torture or to inhuman or degrading punishment or treatment.
Article 9
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 10
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced or compulsory labour.
3. 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 11 or during conditional release from such detention;
(b) any service of a military character if imposed or, in case of conscientious objectors, 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 11
1. Every person has the right to liberty and security of person.
2. 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 having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having 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;
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(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.
3. 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.
4. 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.
5. 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.
6. 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 having the custody of the person arrested shall forthwith set him free. Any decision of the judge under this paragraph shall be subject to appeal.
7. 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.
8. 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 12
1. 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.
2. 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.
3. No law shall provide for a punishment which is disproportionate to the gravity of the offence.
4. Every person charged with an offence shall be presumed innocent until proved guilty according to law.
5. Every person charged 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 charge preferred against him;
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(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.
6. A punishment of general confiscation of property is prohibited.
Article 13
1. 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.
2. Every person has the right to leave permanently or temporarily the territory of the Republic subject to reasonable restrictions imposed by law.
Article 14
No citizen shall be banished or excluded from the Republic under any circumstances.
Article 15
1. Every person has the right to respect for his private and family life.
2. 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 16
1. Every person's dwelling house is inviolable.
2. 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 17
1. 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.
2. 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 18
1. Every person has the right to freedom of thought, conscience and religion.
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2. All religions whose doctrines or rites are not secret are free.
3. All religions are equal before the law. Without prejudice to the competence of the Communal Chambers under this Constitution, no legislative, executive or administrative act of the Republic shall discriminate against any religious institution or religion.
4. 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.
5. The use of physical or moral compulsion for the purpose of making a person change or preventing him from changing his religion is prohibited.
6. 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.
7. 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 having the lawful guardianship of such person.
8. 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 19
1. Every person has the right to freedom of speech and expression in any form.
2. This right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers.
3. The exercise of the rights provided in paragraphs 1 and 2 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.
4. 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.
5. Nothing in this Article contained shall prevent the Republic from requiring the licensing of sound and vision broadcasting or cinema enterprises.
Article 20
1. 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
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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.
2. Free primary education shall be made available by the Greek and the Turkish Communal Chambers in the respective communal primary schools.
3. Primary education shall be compulsory for all citizens of such school age as may be determined by a relevant communal law.
4. 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 21
1. Every person has the right to freedom of peaceful assembly.
2. Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Notwithstanding any restriction under paragraph 3 of this Article, no person shall be compelled to join any association or to continue to be a member thereof.
3. 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.
4. Any association the object or activities of which are contrary to the constitutional order is prohibited.
5. 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.
6. 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 22
1. 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.
2. The provisions of paragraph 1 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 111 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 111 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
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than those relating to age, health, proximity of relationship and prohibition of
polygamy;
(c) if the provisions of Article 111 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 subparagraph
(b) of this paragraph provided: Provided that the parties may elect to have their marriage governed by the law applicable, under Article 111, to one of such parties in so far as such law
allows such marriage.
3. 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 3 of Article 2 shall apply with regard to their respective members as provided in this Constitution.
Article 23
1. 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.
2. No deprivation or restriction or limitation of any such right shall be made except as provided in this Article.
3. 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.
4. 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, charitable 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.
5. 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
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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.
6. 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.
7. Nothing in paragraphs 3 and 4 of this Article contained shall affect the provisions of any law made for the purpose of levying execution in respect of any tax or penalty, executing any judgement, enforcing any contractual obligation or for the prevention of danger to life or property.
8. Any movable or immovable property may be requisitioned by the Republic or by a Communal Chamber for the purposes of the educational, religious, charitable 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.
9. 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 3,
4, 7 and 8 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 3 of this Article are exempted from the provisions of this paragraph.
10. Notwithstanding anything contained in this Article, no deprivation, restriction or limitation of any right provided in paragraph 1 of this Article in respect of any vakf movable or immovable property, including the objects 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 3, 4, 7 and 8 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 3 of this Article are exempted from the provisions of this paragraph.
11. 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
11
shall act as a stay of proceedings for the compulsory acquisition; and in case of any restriction or limitation imposed under paragraph 3 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 24
1. Every person is bound to contribute according to his means towards the
public burdens.
2. 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.
3. 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.
4. No tax, duty or rate of any kind whatsoever other than customs duties shall be of a destructive or prohibitive nature.
Article 25
1. Every person has the right to practice any profession or to carry on any occupation, trade or business.
2. 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.
3. 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 created for the purpose by such law and administered under the control of the Republic, and having 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 26
1. 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.
12
2. 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 27
1. 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.
2. 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 28
1. All persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby.
2. 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.
3. 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.
4. No title or nobility or other social distinction shall be conferred by or recognised in the Republic.
Article 29
1. 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.
2. 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 1 of this Article, such person may have recourse to a competent
court in the matter of such request or complaint.
Article 30
1. 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.
2. In the determination of his civil rights and obligations or of any criminal
charge 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
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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.
3. 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 31
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 32
Nothing in this Part contained shall preclude the Republic from regulating by
law any matter relating to aliens in accordance with International Law.
Article 33
1. 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.
2. 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 34
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 35
The legislative, executive 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.
14
Part 3 The President of the Republic, The Vice President of the Republic
and the Council of Ministers
Article 36
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 2 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
72 shall act for the President or the Vice-President of the Republic
respectively during such temporary absence or temporary incapacity.
Article 37
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 54 and
receives the credentials of foreign diplomatic envoys who shall be accredited
to him;
(c) signs -
(i) the credentials of delegates appointed under Article 54 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 38
1. 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.
2. For the purposes of sub-paragraphs (a) and (b) of paragraph 1 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.
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Article 39
1. 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.
2. 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.
3. 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 40
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 41
1. 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.
2. 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 nonprofit
making business or profession.
Article 42
1. 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". 2. For this purpose the House of
16
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 4 of Article 44 on the third
day from the date of such by-election.
Article 43
1. 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.
2. The President or the Vice-President of the Republic elected at a by-election
under paragraph 4 of Article 44 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.
3. 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 44
1. 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.
2. 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.
3. The Supreme Constitutional Court shall decide on any question arising out
of sub-paragraph (d) of paragraph 1 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.
4. 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.
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Article 45
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 charge 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 charge 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.
(1) The President or the Vice-President of the Republic upon being
prosecuted under paragraph 2 or 3 of this Article shall be suspended from the
performance of any of the functions of his office and thereupon the provisions
of paragraph 2 of Article 36 shall apply.
(2) 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 2 and 3 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 execution 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 46
The executive 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 executive 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 executive power as in Article 54 provided. The decisions of the
Council of Ministers shall be taken by an absolute majority and shall, unless
18
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 57, be
promulgated immediately by them by publication in the official Gazette of the
Republic in accordance with the provisions of Article 57.
Article 47
The executive 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 4
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 46 provided;
(d) promulgation by publication in the official Gazette of the Republic of the
decisions of the Council of Ministers as in Article 57 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 52
provided;
(f) appointments in Articles 112, 115, 118, 124, 126, 131, 133, 153 and 184
provided; termination of appointments as in Article 118 provided and of
appointments made under Article 131;
(g) institution of compulsory military service as in Article 129 provided;
(h) reduction or increase of the security forces as in Article 130 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 53 provided; remission, suspension and commutation of sentences as
in Article 53 provided;
(j) right of reference to the Supreme Constitutional Court as in Article 140
provided;
(k) publication in the official Gazette of the Republic of decisions of the
Supreme Constitutional Court as in Articles 137, 138, 139 and 143 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 46 provided;
(m) exercise of any of the powers specified in paragraphs (d), (e), (f) and (g)
of Articles 48 and 49 and in Articles 50 and 51 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 79
provided.
Article 48
The executive 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 56 provided;
19
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs, defence or security as in Article 57 provided;
(e) right of return of decisions of the Council of Ministers as in Article 57
provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs, defence or security as in Article 50 provided;
(g) right of return of laws or decisions of the House of Representatives of the
Budget as in Article 51 provided;
(h) right of recourse to the Supreme Constitutional Court as in Article 137, 138
and 143 provided;
(i) right of reference to the Supreme Constitutional Court as in Article 141
provided;
(j) publication of the communal laws and decisions of the Greek Communal
Chamber as in Article 104 provided;
(k) right of reference to the Supreme Constitutional Court of any law decision
of the Greek Communal Chamber as in Article 142 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 139 provided;
(m) the prerogative of mercy in capital cases as in Article 53 provided;
(n) the exercise of any of the powers specified in Article 47 conjointly with the
Vice-President of the Republic;
(o) addressing messages to the House of Representatives as in Article 79
provided.
Article 49
The executive 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 55 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 56 provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs, defence or security as in Article 57 provided;
(e) right of return of decisions of the Council of Ministers as in Article 57
provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs, defence or security as in, Article 50 provided;
(g) right of return of laws or decisions of the House of Representatives or of
the Budget as in Article 51 provided;
(h) right of recourse to the Supreme Constitutional Court as in Articles 137,
138 and 143 provided;
(i) right of reference to the Supreme Constitutional Court as in Article 141
provided;
20
(j) publication of the communal laws and decisions of the Turkish Communal
Chamber as in Article 104 provided;
(k) right of reference to the Supreme Constitutional Court of any law or
decision of the Turkish Communal Chamber as in Article 142 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 139 provided;
(m) the prerogative of mercy in capital cases as in Article 53 provided;
(n) the exercise of any of the powers specified in Article 47 conjointly with the
President of the Republic;
(o) addressing messages to the House of Representatives as in Article 79
provided.
Article 50
1. 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.
21
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.
2. 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.
3. 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 52 provided.
Article 51
1. 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.
2. 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.
3. In case a law or decision or any part thereof is returned to the House of
Representatives as in paragraph 1 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 2 of this
Article provided the House of Representatives shall pronounce on the matter
so returned within thirty days of such return.
4. 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. 5. 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. 6. 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 52 provided.
Article 52
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 50
provided or their right of return as in Article 51 provided or their right of
reference to the Supreme Constitutional Court as in Articles 140 and 141
provided or in the case of the Budget their right of recourse to the Supreme
Constitutional Court as in Article 138 provided.
22
Article 53
1. 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.
2. 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.
3. In case the prerogative of mercy is exercised under paragraph I or 2 of this
Article the death sentence shall be commuted to life imprisonment.
4. 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 54
Subject to the executive power expressly reserved, under Articles 47, 48 and
49, to the President and the Vice-President of the Republic, acting either
separately or conjointly, the Council of Ministers shall exercise executive
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 50 set out;
(c) defence and security, including questions thereof as in Article 50 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 55
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 56
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
23
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 57
1. 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.
2. 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 4 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.
3. If a decision relates to foreign affairs, defence or security as in Article 50
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.
4. If the decision is enforceable and no right of veto or return has been
exercised as in paragraph 2 or 3 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 58
A Minister is the Head of his Ministry.
Subject to the executive 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 executive power exercised
by each Minister includes the following matters: -
(a) the execution 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.
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Article 59
1. 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.
2. 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 41.
3. 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.
4. 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 60
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 charge 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 4 The House of Representatives
Article 61
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 62
1. 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 twothirds
of the Representatives elected by the Greek Community and two-thirds
of the Representatives elected by the Turkish Community.
2. Out of the number of Representatives provided in paragraph 1 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.
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The proportion of Representatives stated in this paragraph shall be
independent of any statistical data.
Article 63
1. Subject to paragraph 2 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.
2. No person shall be qualified to be registered as an elector who is
disqualified for such registration by virtue of the Electoral Law.
Article 64
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 65
1. 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.
2. The outgoing House shall continue in office until the
newly-elected House assumes office under paragraph I of this Article.
Article 66
1. 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.
2. 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.
3. If an election under paragraph 1 or 2 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.
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Article 67
1. 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.
2. Any such decision shall, notwithstanding anything contained in paragraph 1
of Article 65 and paragraph I of Article 66, 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.
3. Notwithstanding anything in paragraph I of Article 65 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 68
Whenever a House of Representatives continues to be in office until the
assumption of office by a newly elected House under either paragraph 2 of
Article 65 or paragraph 2 of Article 67, 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 69
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 70
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.
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Article 71
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
(c) or (d) of Article 64 or if he ceases to be a citizen of the Republic;
(d) upon his becoming the holder of an office mentioned in Article 70.
Article 72
1. 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.
2. In case of any vacancy in either of the offices provided in paragraph 1 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.
3. In case of temporary absence or pending the filling of a vacancy as
provided in paragraph 2 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.
4. 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 73
1. 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.
2. There shall be a Committee to be known as the Committee of Selection
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.
3. The Committee of Selection 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.
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4. 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.
5. 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.
6. 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.
7. 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, having 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.
8. 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
29
translated from the official language in which they are being made or taking
place into the other official language.
9. 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.
10. The votes in the House of Representatives shall be jointly counted and
recorded by one Greek and the Turkish Clerk of the House.
11. 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 objection 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 objection sent to the President of the
relevant meeting, the House of Representatives may decide to correct such
minutes accordingly.
12. 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 74
1. 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.
2. 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.
3. 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 75
1. The meetings of the House of Representatives shall be open to the public
and the minutes of its debates shall be published.
2. 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 76
1. The President of the House shall declare the commencement and the end
of every meeting.
2. 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 6 of Article 73 shall apply.
3. 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
30
already under debate such distribution may be made at any time prior to the
meeting.
Article 77
1. The quorum of the House of Representatives shall consist of at least onethird
of the total number of its members.
2. 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 78
1. The laws and the decisions of the House of Representatives shall be
passed by a simple majority vote of the Representatives present and voting.
2. 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 79
1. 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.
2. 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 80
1. The right to introduce Bills belongs to the Representatives and to the
Ministers.
2. No Bill relating to an increase in budgetary expenditure can be introduced
by any Representative.
Article 81
1. 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.
2. Within three months from the end of the financial year the final accounts
shall be submitted to the House of Representatives for approval.
Article 82
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 83
1. 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.
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2. 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.
3. 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
prescription for the offence in question.
4. 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 84
1. Representatives receive from the Public Revenue remuneration defined by
law.
2. 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 85
Any question with regard to the qualifications of candidates for election and
election petitions shall be finally adjudicated by the Supreme Constitutional
Court.
Part 5 The Communal Chambers
Article 86
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 87
1. The Communal Chambers shall, in relation to their respective Community,
have competence to exercise within the limits of this Constitution and subject
to paragraph 3 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 charitable and sporting foundations, bodies and associations
created for the purpose of promoting the well-being of their respective
Community;
32
(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 88 provided;
(g) in matters where subsidiary legislation in the form of regulations or byelaws
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 subparagraph
(h):
(i) in such other matters as are expressly provided by this Constitution.
2. Nothing in sub-paragraph (f) of paragraph 1 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.
3. Any law or decision of a Communal Chamber made or taken in exercise of
the power vested in it under paragraph 1 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 88
1. The power of imposing taxes under sub-paragraph (f) of paragraph 1 of
Article 87 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 2 of this Article or by any other revenue which such Chamber may
have in that financial year.
2. 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
33
(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.
3. 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.
4. For the purposes of this Article and of sub-paragraph (f) of paragraph 1 of
Article 87 "member" includes corporate and unincorporate bodies to the
extent of the interest held in such bodies by such members.
Article 89
1. 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 87 other than those provided in sub-paragraphs (g) and (h) of
paragraph 1 of such Article for which specific provision is made in the ensuing
sub-paragraphs;
(b) to exercise control on producers' and consumers' cooperatives
a credit establishments created for the purpose of promoting 1
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.
2. Nothing in sub-paragraph (e) of paragraph 1 of Article 87 and in subparagraph
(b) of paragraph 1 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.
3. In the case where the central administration shall, on its part, proceed to
control the institutions, establishments or municipalities mentioned in subparagraphs
(b) and (c) of paragraph 1 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 90
1. 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.
2. 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.
34
3. 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.
4. 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.
5. The execution 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 91
1. Each Communal Chamber shall once yearly prepare and adopt a budget of
its revenue and expenditure for the ensuing financial year.
2. 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 92
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 93
The elections for both the Communal Chambers shall be by universal suffrage
and by direct and secret ballot.
Article 94
1. Subject to paragraph 2 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.
2. 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 95
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,
35
(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 96
1. 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.
2. The outgoing Communal Chambers shall continue in office until the newly
elected Communal Chambers assume office under paragraph 1 of this Article.
Article 97
1. 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.
2. When a vacancy occurs in the seat of a member of a Communal Chamber
such vacancy shall be filled by a byelection
to be held within a period not exceeding forty-five days of the
occurrence of such vacancy.
3. If an election under paragraph 1 or 2 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 98
1. Either Communal Chamber may dissolve itself only by its own decision
carried by an absolute majority.
2. Any such decision shall, notwithstanding anything contained in paragraph 1
of Article 96 and paragraph 1 of Article 97, 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.
3. Notwithstanding anything contained in paragraph 1 of Article 96, 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.
36
Article 99
Whenever a Communal Chamber continues to be in office until the
assumption of office by a newly-elected Communal Chamber, either under
paragraph 2 of Article 96 or paragraph 2 of Article 98, 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 100
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 101
1. 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).
2. 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 102
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 103
1. The meetings of the Communal Chambers shall be open to the public and
the minutes of its debates shall be published.
2. 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 104
1. 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.
2. 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.
37
Article 105
1. 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.
2. 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 106
1 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.
2. 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.
3. 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
prescription for the offence in question.
4. 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 107
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
(d) of Article 95, 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 101.
Article 108
1. 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 charity belonging to the Greek
or the Turkish Community respectively.
2. Also where either the Greek or the Turkish Community considers that it has
not the necessary number of schoolmasters, professors or clergymen for the
functioning of its institutions, such Community shall have the right to obtain
38
and employ such personnel to the extent strictly necessary to meet its needs
as the Greek or the Turkish Government respectively may provide.
Article 109
Each religious group which under the provisions of paragraph 3 of Article 2
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 110
1. 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 Charter in force for
the time being and the Greek Communal Chamber shall not act inconsistently
with such right.
2. 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, executive 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.
3. 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 3 of Article 2 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 111
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 3 of Article 2 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 1 of this Article contained shall preclude the application
of the provisions of paragraph 5 of Article 90 to the execution of any
judgement or order of any such tribunal.
39
Part 6 The Independent officers of the Republic
Chapter 1 The Attorney-General of the Republic and the Deputy
Attorney-General of the Republic
Article 112
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 charge and responsibility.
Article 113
1. 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.
2. 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.
40
Article 114
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 2 The Auditor-General and the Deputy Auditor-General
Article 115
1. 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.
2. 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.
3. 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 116
1. 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.
2. 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.
3. 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.
4. 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 117
1. 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
41
perform all the functions and duties vested in the Auditor-General under the
provisions of this Constitution or by law.
2.The Deputy Auditor-General shall act for the Auditor-General in case of his
absence or his temporary incapacity to perform his duties
Chapter 3 The Governor and the Deputy Governor of the Issuing Bank of the
Republic
Article 118
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 6 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.
6. 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 8
of Article 153.
Article 119
1. 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 charge 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.
2. 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.
3. 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
42
by such subordinate officers acting under and in accordance with his
instructions.
4. 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.
5. 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 120
1. 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.
2. 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 121
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 7
Chapter 1 General
Article 122
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 created 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
43
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 123
1. The public service shall be composed as to seventy per
centum of Greeks and as to thirty per centum of Turks.
2. This quantitative distribution shall be applied, so far as this will be
practically possible, in all grades of the hierarchy in the public service.
3. 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 124
1. 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.
2. Seven members of the Commission shall be Greeks and three members
shall be Turks.
3. 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.
4. 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.
5. 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.
6. (1) No person shall be appointed as a member of the Commission unless
he is a citizen of the Republic, of high moral character and has the
qualifications for election as a member of the House of Representatives.
(2) 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 union or of a body or association affiliated to a trade
union.
7. 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 discharge 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.
44
Article 125
1. 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.
2. 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.
(3) 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.
3. (1) Subject to the ensuing provisions of this paragraph any decision of the
Commission shall be taken by an absolute majority vote of its members.
(2) If the question relates to an appointment or promotion to fill a vacant or
newly created 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.
(4) Where the question relates to the selection of the Greek or the Turk to be
appointed or promoted, the decision shall, subject to sub-paragraph (3) of this
paragraph, be taken by an absolute majority vote:
Provided that the unanimous recommendation, of five Greek members in the
case of the selection of a Greek, or of the three Turkish members in the case
of the selection of a Turk, shall be acted upon by the Commission.
Chapter 2 The Accountant-General and the Deputy Accountant-General
Article 126
1. 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.
2. The Accountant-General shall be the Head and the Deputy Accountant-
General shall be the Deputy Head of the Treasury.
3. The Accountant-General and the Deputy Accountant-General shall be
members of the permanent public service of the Republic.
45
4. 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 127
1. 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.
2. 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.
3. 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 128
1. 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.
2. The Deputy Accountant-General shall act for the Accountant-
General in case of his absence or his temporary incapacity to perform his
duties.
Part 8 The Forces of the Republic
Article 129
1. 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.
2. Compulsory military service shall not be instituted except by common
agreement of the President and the Vice-President of the Republic.
Article 130
1. 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.
2. 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 discharge those Turks
serving in the police on the 11th February, 1959, 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.
46
Article 131
1. 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.
2. 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 132
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 9 The Supreme Constitutional Court
Article 133
1. (1) 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.
(2) 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.
2. The seat of the Supreme Constitutional Court shall be in the capital of the
Republic.
3. 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.
4. The Greek and the Turkish judge of the Supreme Constitutional Court shall
be a citizen of the Republic.
5. The President and the other judges of the Supreme Constitutional Court
shall be appointed from amongst lawyers of high professional and moral
standard.
6. (1) The President of the Court shall be appointed for a period of six years.
(2) The remuneration and other conditions of service of the President of the
Court shall be laid down in the instrument of his appointment.
(3) 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 (2) 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 subparagraph
(3) of paragraph 7 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 (4) of
paragraph 7 of this Article.
47
7. (1) 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.
(2) 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.
(3) 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 discharging 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.
(4) The Greek or the Turkish judge of the Court may be dismissed on the
ground of misconduct.
8. (1) 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.
(2) 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 subparagraphs
(3) and (4) of paragraph 7 of this Article.
(3) The proceedings of the Council under sub-paragraph (2) 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.
(4) 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.
9. 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.
10. 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.
11. The remuneration and other conditions of service of the Greek and the
Turkish judge of the Court shall be fixed by a law.
12. The remuneration and other conditions of service of any judge of the
Court shall not be altered to his disadvantage after his appointment.
Article 134
1. 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
48
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.
2. 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 135
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 136
The Supreme Constitutional Court shall have exclusive jurisdiction adjudicate
finally on all matters as provided in the ensuing Articles.
Article 137
1. 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.
2. A recourse under paragraph 1 of this Article shall be made within seventyfive
days of the promulgation of any such law or decision.
3. 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.
4. 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 5 of this Article
without prejudice to anything done or left undone under such law or decision
or provision thereof.
5. 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.
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Article 138
1. 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.
2. 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.
3. 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.
4. 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 139
1. 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.
2. 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.
3. Recourse to the Court under paragraph 1 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.
4. Such recourse shall be made within thirty days of the date when such
power or competence is contested.
5. 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.
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6. 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.
7. 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 140
1. 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.
2. The Supreme Constitutional Court shall consider every question referred to
it under paragraph 1 of this Article and having 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.
3. 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 141
1. 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 25, 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.
2. The Supreme Constitutional Court shall consider such question and having
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.
3. 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 142
1. 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
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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.
2. The Supreme Constitutional Court shall consider every question referred to
it under paragraph 1 of this Article and having 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.
3. 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 143
1. 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 68 provided.
2. 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.
3. 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 144
1. 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.
2. 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.
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3. Any decision of the Supreme Constitutional Court under paragraph 2 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 145
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 146
1. 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 executive 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.
2. 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.
3. 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.
4. 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.
5. Any decision given under paragraph 4 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.
6. Any person aggrieved by any decision or act declared to be void under
paragraph 4 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 147
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
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paragraph 3 of Article 44, 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 1 of Article
44 provided.
Article 148
Subject to the provisions of paragraph 3 of Article 144, 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 149
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
6th April, 1960, 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 11th February, 1959, and of the London Agreement
dated the 19th of February, 1959;
(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
11th February, 1959, and of the London Agreement dated the 19th February,
1959.
Article 150
The Supreme Constitutional Court shall have jurisdiction to punish for
contempt of itself.
Article 151
1. 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 subparagraph
(2) of paragraph 3 of Article 125.
2. Nothing in this Article contained shall preclude any recourse to the
Supreme Constitutional Court under Article 146 on a complaint concerning
any decision, act or omission of the Public Service Commission.
Part 10 The High Court and the Subordinate Courts
Article 152
1. The judicial power, other than that exercised under Part IX by the Supreme
Constitutional Court and under paragraph 2 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.
2. The judicial power with respect to civil disputes relating to personal status
and to religious matters which are reserved under Article 87 for the
54
Communal Chambers shall be exercised by such courts as a communal law
made under the provisions of this Constitution shall provide.
Article 153
1. (1) 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.
(2) 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.
2. The seat of the High Court shall be in the capital of the Republic.
3. 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.
4. The Greek judges and the Turkish judge of the High Court shall be citizens
of the Republic.
5. The President and the other judges of the High Court shall be appointed
from amongst lawyers of high professional and moral standard.
6. (1) The President of the High Court shall be appointed for a period of six
years.
(2) The remuneration and other conditions of service of the President of the
High Court shall be laid down in the instrument of his appointment.
(3) 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 (2) 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 subparagraph
(3) of paragraph 7 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 (4) of
paragraph 7 of this Article.
7. (1) 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.
(2) 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.
(3) 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 discharging 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.
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(4) A Greek or the Turkish judge of the High Court may be dismissed on the
ground of misconduct.
8. (1) 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.
(2) 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 (3) and (4) of
paragraph 7 of this Article.
(3) The proceedings of the Council under sub-paragraph (2) 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.
(4) 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.
9. 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.
10. 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.
11. 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.
12. 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 154
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 155
1. 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.
2. Subject to paragraphs 3 and 4 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:
56
Provided that where original jurisdiction is so conferred, such jurisdiction shall,
subject to Article 159, 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.
3. 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.
4. The High Court shall have exclusive jurisdiction to issue orders in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
Article 156
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 157
1. 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.
2. 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.
3. 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 158
1. 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
160.
2. 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.
3. A law shall provide for the remuneration and other conditions of service of
the judges of the courts to be established under paragraph 1 of this Article.
The remuneration and other conditions of service of any such judge shall not
be altered to his disadvantage after his appointment.
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Article 159
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The execution 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 execution shall be
carried out by such officers as the court of trial shall direct.
Article 160
1. 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.
2. 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.
3. 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 161
Subject to paragraph 3 of Article 160 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.
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Article 162
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 160, 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 90 contained, as
the case may be, may provide for punishment for contempt of court.
Article 163
1. 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 160.
2. Without prejudice to the generality of paragraph 1 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 selection 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.
3. 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 159 are complied with and for the hearing of any appeal, including
an appeal under Article 156, the High Court shall, subject to paragraph 2 of
Article 160, be composed of all its members.
Article 164
1. Any appellate court created under paragraph 2 of Article 160 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
2. Without prejudice to the generality of paragraph 1 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;
59
(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 11 Financial Provisions
Article 165
1. 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.
2. 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.
3. 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 166
1. There shall be charged on the Consolidated Fund, in addition to any grant,
remuneration or other moneys charged 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 charges for which the Republic is liable; and
(d) any moneys required to satisfy any judgement, decision or award against
the Republic by any court.
2. For the purposes of this Article debt charges include interest, sinking fund
charges, 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 created thereby.
Article 167
1. 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.
2. The estimates of expenditure in the Budget shall show separately -
(a) the total sums required to meet expenditure charged on the Consolidated
Fund; and
(b) the sums respectively required to meet other expenditure.
3. 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
60
manner in which those assets are invested or held and particulars in respect
of outstanding liabilities.
4. The expenditure to be met from the Consolidated Fund but not charged
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.
5. 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.
6. 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 168
1. 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.
2. Subject to the provisions of paragraph 3 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.
3. 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 12 Miscellaneous Provisions
Article 169
Subject to the provisions of Article 50 and paragraph 3 of Article 57 -
(1) 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;
(2) 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;
61
(3) 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 170
1. The Republic shall, by agreement on appropriate terms' accord mostfavoured-
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.
2. The provisions of paragraph 1 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 171
1. In sound and vision broadcasting there shall be programmes both for the
Greek and the Turkish Communities.
2. 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.
3. 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.
4. 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 172
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.
62
Article 173
1. Separate municipalities shall be created 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.
2. 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.
3. 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 174
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 175
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
63
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 176
Nothing in Articles 173 to 178, 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 177
Subject to the provisions of Articles 173 to 178, 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 178
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 13 Final Provisions
Article 179
1. This Constitution shall be the supreme law of the Republic.
2. 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 executive power or any administrative function shall
in any way be repugnant to, or inconsistent with, any of the provisions of this
Constitution.
Article 180
1. The Greek and the Turkish texts of this Constitution shall both be originals
and shall have the same authenticity and the same legal force.
2. 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 6th April, 1960, 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
64
to the letter and spirit of the Zurich Agreement dated the 11th February, 1959,
and of the London Agreement dated the 19th February, 1959.
3. 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 11th February, 1959, and of the London
Agreement dated the 19th February, 1959.
Article 181
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 182
1. The Articles or parts of Articles of this Constitution set out in Annex III
hereto which have been incorporated from the Zurich Agreement dated 11th
February, 1959, are the basic Articles of this Constitution and cannot, in any
way, be amended, whether by way of variation, addition or repeal.
2. Subject to paragraph 1 of this Article any provision of this Constitution may
be amended, whether by way of variation, addition or repeal, as provided in
paragraph 3 of this Article.
3. 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 183
1. 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 fortyeight
hours of the date when the decision has been transmitted to their
respective offices.
2. 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 7, only in so far as it relates to death inflicted by a permissible act of
war;
Article 10, paragraphs 2 and 3; Article 11; Article 13; Article 16; Article 17;
Article 19; Article 21; Article 23, paragraph 8, sub-paragraph (d); Article 25
and Article 27.
3. The President and the Vice-President of the Republic shall, unless,
separately or conjointly, they have exercised their right of veto as provided in
65
paragraph 1 of this Article, promulgate forthwith such Proclamation by
publication in the official Gazette of the Republic.
4. 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.
5. 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.
6. 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 50.
7. (1) 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 57 to be exercised, separately or
conjointly, make any ordinance strictly connected with the state of emergency
having the force of law.
(2) If no right of veto is exercised under sub-paragraph (1) 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.
(3) Such ordinance if not sooner revoked shall cease to be in force at the
expiration of the emergency.
Article 184
1. Where any ordinance promulgated in pursuance of subparagraph (2) of paragraph 7 of Article 183 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 3 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 2 of this Article has considered any representations made by him under subparagraph
(a) of this paragraph and has reported, before the expiration of that  period, that there is in its opinion sufficient cause for the detention.
2. 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 66 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.
3. This Article does not require any authority to disclose facts of which disclosure would in its opinion be against the national interest.
Article 185
1. The territory of the Republic is one and indivisible.
2. The integral or partial union of Cyprus with any other State or the separatist independence is excluded.
Article 186
1. In this Constitution, unless it is otherwise expressly provided or required by
the context -
(1) "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 2; "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 2;
(2) words importing the masculine gender include females and words in the singular include the plural and vice-versa.
2. 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.

Cyprus 15th August 1974

NICOSIA, Cyprus, Thursday, Aug. 15—Turkish forces, which began a heavy air and ground attack early yesterday, appeared, today to be on their way toward seizing control of much of northern Cyprus.

A strong air strife on Nicosia sent thousands of Greek Cypriots fleeing southward. Last night, after a daylong battle in and around Nicosia, a ceasefire for the capital area was agreed to. The truce had been urged by the United Nations.

[Reuters reported this morning that the cease‐fire had been interrupted, at least temporarily, by machine‐gun and mortar fire in Nicosia. The shooting took place across the Green Line, which divides Greek and Turkish enclaves, and which was a scene of retreat by outnumbered Greek Cypriots yes. terday.]

Turkish armored columns pushed east during the day, and late last night they were approaching the eastern coastal city of Famagusta. Its capture would establish by force a Turkish partition plan for Cyprus that Greece rejected at the Geneva peace talks.

Units Move Westward

Other Turkish units were reported moving westward to ward Lefka in the west.

Three United Nations soldiers from Austria were killed during the day and 23 United Nations soldiers were wounded when caught between opposing units. There were no reports of casualties among the Greek Cypriotes or the Turks.

Continue reading the main story

The first bombs hit military and industrial areas around Nicosia yesterday at 5 A.M., a few hours after the peace talks in Geneva had collapsed. The attacking Turkish planes were fired at by antiaircraft batteries.

The main Turkish thrust was eastward toward Famagusta where some 12,000 Turkish Cypriots had been under siege in the old walled quarter of the city.

The Turks reportedly moved toward Famagusta in three parallel columns, one just a few miles south of the coastal mountain range, another on the new highway to the city and the third farther south along the old road. At 6 P.M. they were reported 15 miles from their objective, and later in the evening 5 miles away.

The old road runs from the British military base at Dhekelia, one of two that Britain holds as sovereign areas on the island, and the possibility of a confrontation between the Turks and British army units was worrying British diplomats and others.

The Turks struck Famagusta by air early yesterday. The night befere thousands of Greek Cypriot residents began to flee in expectation of a Turkish attack.

Before the Nicosia cease‐fire was arranged, Turkish units also appeared to be trying to encircle the capital. On the southwest heavy fighting broke out near the airport, where the United Nations headquarters are situated.

Eleven Finnish members of the 4,400 man United Nations peace‐keeping contingent were wounded in the crossfire between the Turks and Greek Cypriots. Six Finns were wounded in Greek‐Turkish fighting at Mia Milea to the northwest of the capital, near the jumping off point of the Turkish offensive.

In the southeast three Austrians traveling along the Nicosia‐Larnaca road in a United Nations Land‐Rover were killed when a Turkish plane bombed the road. One Canadian and five British members of the United Nations forces were also reported wounded.

The Turkish attacks on the east and west appeared to suggest an effort to form a solid unit in the northern part of the island in accordance with their original plans for establishing an autonomous Turkish‐Cypriot community covering about 30 per cent of the island's land.

The community accounts for only 18 per cent of the total population of about 650,000. Turkish villages or parts of villages are scattered in the center and south as well.

The Greek Cypriot radio said 10 Turkish planes had been downed. But except for antiaircraft batteries, the Greeks had nothing to oppose the Turkish planes, which bombed such targets as the radio station and the Greek Cypriot headquarters a will. The, Turks were estimated to have 250 to 300 modern tanks, while the Greek Cypriots could muster only nine old tanks. No Greek planes were seen.

Clouds of black smoke rose over Nicosia as the bombing and artillery and mortar fire went on for most of the day.

Streets were deserted as thousands of Greek Cypriots fled south by car. The road south to the port of Larnaca and the southern road to Limassol were under intermittent Turkish attack most of the day.

On the southwest outskirts of Nicosia the Hilton Hotel was quickly filled with civilians—Greek Cypriots and foreign refugees including many old people and children. The Red Cross declared it a neutral security zone along with the smaller Cleopatra Hotel nearby, and strung large Red Cross flags from each of them.

But a Greek military camp across the street was a target for Turkish planes and three rockets fell on the hotel's grounds. Fragments of one nicked a Columbia Broadcasting System cameraman, Carl Sorensen, as he was driving into the hotel grounds with other television crewmen. The hotel serves as a center for the foreign press.

International Telex and telex phone links were out a few hours after the Turkish attack began. But later calls from such points as Tel Aviv, Jerusalem and Beirut were accepted for newsmen.

A psychiatric hospital close by a Greek Cypriot camp was hit for a second time in less than a month. Three bombs struck outbuildings, injuring 36 patients and 3 staff members. In the previous attack, a direct hit on a ward killed 27 patients and wounded nearly 100.

The Nicosia General Hospital was also hit by a Turkish mortar, but there were no reports of casualties.

The Turkish Cypriot radio called for surrender of the Greek Cypriot military and paramilitary forces, but the Greek Cypriot radio, which stayed on the air despite the air and artillery attacks, called for resistance. Later in the day, however, it became evident that unless outside help came, the Greeks would not be able to stop the Turkish drive.

Trying to slow the Turks, Greek Cypriots planted mines south of the city between the two main southerly roads to Larnaca and Limassol. The Greek Cypriots also reoccupied Turkish Cypriot towns that they had evacuated in a goodwill gesture Sunday and Monday. The towns included Paphos in the extreme southwest, Mandria, near Larnaca, and part of Larnaca.

The Greeks Cypriots were dissuaded by United Nations delegates from moving into the Turkish part of Larnaca but they occupied the seafront.

3 Essential Photo Accesories

Sometimes, we can pay so much attention to the camera and the lens, that we forget the simplest of accessories that may have more effect on our photography than the more expensive equipment. In this video I look at 3 accessories, firstly a small, inexpensive but very capable mini tripod that you can take with you any where you go, so it can help you to get sharp images, or images with movement in situations where you would not normally have a tripod with you.

Secondly, I look at a variable ND filter, these things are amazing, they are almost infinitely variable sunglasses for your camera. They can give control in situations when you want a wide aperture in bright light, but also, they can be essential for video, especially if shooting at 24/25 fps where your shutter would (or should) be about 1/50, because once again, unless you really stop down your lens (and sometimes even that is not enough) you can simply reduce the light hitting the sensor to suit your situation.

Lastly, I look at a 10 stop ND filter, when you first look at this, it appears to be completely black, but in fact, it reduces the light hitting your sensor by 10 stops, therefore you can get exposures of 30 seconds to 1 or 2 minutes in broad daylight, but why would you want to do this?

If your camera is on a sturdy tripod and the shutter is open for 30 seconds or more, that means that subject matter such as buildings, bridges etc will remain sharp, but the clouds will have moved, grass will have moved, creating stunning surreal effects that you could not really create in camera, with any camera, without this simple accessory.

Give them a try, happy shooting!

John Wedger exposes UK cover-ups of child abuse

Met officer John Wedger says he was warned he would be silenced and “thrown to the wolves” if his findings ever got out. The Independent Police Complaints Commission is probing a string of cover-up allegations by Detective Constable Wedger. He claims:

● Police chiefs pulled the plug on his inquiry which revealed scores of sex offenders living on canal barges.

● A pimp was free to groom teenage girls because a magistrate was an alleged client of one girl.

● Vice squad officers were ordered not to arrest underage prostitutes.

● Bosses made threats over his report on a London child prostitution ring involving “someone connected to the music department of the BBC”.

DC Wedger said he first saw signs of “back covering” in his role as a CID officer tracking child sex offenders in the early 2000s. He said: “I found a lot of paedophiles were going off the radar. There was a loophole in the law that allowed them to live on canal boats without being on the electoral register.”

But after identifying scores of perverts using the canal network, DC Wedger says he was taken off the job.

There is without doubt a high degree of cultural paedophilia within the circles of power in the UK, they indulge in everything from sexual perversion to ritual abuse and sadism. So many instances of abuse are overlooked, covered up and even used to set up innocent victims. There are now private hearings on matters of children who are taken in to care without the parents having any right to recourse and even THREATENED WITH IMPRISONMENT if they speak out after being legally gagged!

It is my belief that NOBODY is allowed in to a position of power unless they themselves are guilty of a heinous offence, so that the people in the shadows can hold them to ransom and control them.

This is all part of the endemic cultural cancer that is socially catastrophic, destroying the lives of innocent people by those who are for want of a better word, UNTOUCHABLE!

The truth about migrants

The level of deceit that is being instigated by the political left to cover up the catastrophic effect of mass migration is COLOSSAL! Throughout Europe, there is violent crime that is being 'covered up' in order to protect the greater migration agenda.

Read More

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