Criton G. Tornaritis*

The Republic of Cyprus (Kypriake Demokratia _ Crown Colony ceased. 1 Its territory comprises the Kibris Cum_huriyeti) w~ established as an independ­ entirety of the Island of Cyprus, except the Sov­ ent sovereign republic with a presidential regime ereign Base Areas at Episkopi and Dhekelia over on 16 Aug. 196<> when its came into which the British sovereignty was retained, and it force and the British sovereignty over Cyprus as a is one and indivisible.

I. CONSTITUTIONAL SYSTEM

1. Nationality 3. State Organs

All citizens ofthe and the Colonies a. General structure. - The main state organs are the who were born in Cyprus after 5 Nov. 1914 or who President of the Republic who is a Greek and is became such citizens, by virtue of the Cyprus elected by the Greek Community; the Vice-President (Annexation) Orders-in-Council or who are de­ ofthe Republic who is a Turk and is elected by the scended in the male line from any such person and Turkish Commmlity; the Council ofMinisters con­ who were ordinarily resident in Cyprus during the sisting often ministers, seven Greek and three Turk, five years immediately preceding 16 Aug. 1960 be­ nominated by the President and the \Gee-President became citizens ofthe Republic. 2 By the Citizenship of the Republic respectively; the independent offi­ of the Republic , 1967 (no. 43 of 1967) in force cers (the Attorney-General of the Republic, the since 1 Dec. r¢8, persons born in the Republic after Auditor-General and the Governor of the Issuing 16 Aug. r¢0 become citizens of the Republic by Bank); and the heads ofthe army and the . birth if their father, or in case he is stateless their The Greek Community consists of all citizens of mother, is a citizen ofthe Republic; and persons born the Republic who are of Greek origin and whose outside the Republic become citizens ofthe Republic mother tongue is Greek or who share the Greek under the same conditions if their birth is registered cultural traditions or who are members ofthe Greek­ in the prescribed manner with a consular agent of Orthodox Church. The Turkish Commtmity con­ the Republic at the place of birth. Citizenship of the sists ofall citizens ofthe Republic who are ofTurkish Republic may also be acquired by registration or by origin and whose mother tongue is Turkish or who naturalisation, and may be renounced in the pre­ share the Turkish cultural traditions or who are scribed manner. A naturalised Cypriot citizen may Moslems. be deprived ofhis Cypriot citizenship by a decision ofthe Council ofMinisters in certain specified events b. The Head ofState is the President of the Republic if it is in the public interest to do so. who represents the Republic in all its official func­ tions, receives the credentials of all the diplomatic representatives accredited to him, signs the creden­ 2. Territorial Division tials of all the diplomatic representatives and envoys The territory of the Republic is divided, for pur­ of the Republic and confers all the honours of the poses of central government, into six districts each Republic. He exercises power on certain of which is under the charge of a District Officer. specified subjects, convenes and presides over the

* Attorney-General, . - Although this re­ the United Kingdom, and the Order in Council there­ port was revised as of March 1975, it _does not take under (S. I. 1960 no. 1368). into account the circumstances resultmg from the z Treaty of Establishment, Annex D s. 2 (Crnnd. Turkish invasion in July 1974 and the occupation of a 1093 p. 69-76). That Annex contains provisions as to part of the country since that date. Cypriots not ordinarily resident in Cyprus who under certain conditions may also become citizens of the ' The Cyprus Act, 1960 (8 & 9 Eliz. 2, c. 52) s. I of Republic. C-104 National Reports I meetings of the Council ofMinisters but without a Ministers and the ministers within the ambit oftheir vote and is vested with the prerogative ofmercy. The respective competence. President promulgates all and has a suspensive The main direct organ exercising the residue ofthe veto over all decisions ofthe Council ofMinisters and executive power is the Council of Ministers while on all laws and decisions ofthe House ofRepresenta­ each minister exercises executive power on all other tives. He has also an absolute veto over any decision subjects falling within the domain of his ministry. of the Council of Ministers and over any law or The treaty-making power is also vested in the Coun­ decision ofthe House ofRepresentJtives concerning cil ofMinisters and not in the Head of State as else-­ foreign affairs and certain questions of defence and where. security. The presidential regime ofCyprus is pecu­ The ministers, under the presidential regime of liarly different from the genuine regime ofthe United the Republic, cannot be members of the House of States of America and the mixed regimes of Latin Representatives, are not responsible to the House and America. are not subject to its parliamentary control. They may, however, attend its meetings and make state­ c. Legislative body.- The legislative power of the Re­ ments or supply any information within their public is exercised by the House of Representatives, competence to the House. consisting of 50 members of which 35 are Greeks elected by the Greek Community and 15 2re Turks e. The territorial authorities are either authorities of elected by the Turkish Conununity. The power is central government or of local government. The exercised on all matters except certain communal main territorial authority of central government is matters expressly specified in the Constitution in the District Officer who is in charge ofa district and respect ofwhich the legislative power is exercised by represents the central government. The authorities the respective Communal Chamber consist.ing of of local government are the councils of the mwlic­ members of the respective Commwlity elected by ipalities (mainly in the towns and the more important it.l There is a President of the House who must be rural centres), the boards of improvement (in the a Greek elected by its Greek members and a Vice­ bigger villages) and the village authorities (in quar­ President who must be a Turk elected by its Turkish ters of towns and villages). members. The President ofthe House ofRepresenta­ tives replaces the President of the Republic and the 4· The Vice-President replaces the Vice-President of the Republic in case ofthe temporary incapacity ofeither a. The i11 civil, commercial, labour a11d criminal ofthem. affairs. - Civil and commercial cases arc tried at f1rst The House of Representatives meets without any instance by a District , of which there is one summons for its ordinary session in each year on in each district. The President or a District may specific dates provided in the Constitution. The try cases in which the amount in dispute does not House itself determines t.~e duration of each session. exceed 500 (Cypriot) pow1ds (approx. US$ I 2o6); in The House by its own decision may dissolve itself any other case two must sit. From every and within the prescribed period provide for the decision in a civil case an appeal lies to the High holding of a general election and the date of the Court, now the . holding of the f1rst meeting of the new House. The h1 crinlinal cases the courts offtrst instance consist laws and decisions ofthe House are passed by a simple of the President of the District Court and a District majority vote of the Representatives present and Judge trying offences committed within their district voting except for the Electional Law, any law rek ting wluch arc pwlishable with not exceed­ to the municipalities and any law imposing duties or ing three years or a fme not exceeding 500 (Cypriot) taxes for each of which a separate simple majority pounds or both. All the other offences, wherever vote ofth e Greek and Turkish members is required. committed, are triable by an Assize Court con­ All laws are published in the Official Gazette of the sisting of a President of a District Court and two Republic (in Greek and Turkish, since 1963 in Greek District Judges or three District Judges nominated by only). the High Court. From every decision ofth e President ofthe District Court or a District Judge or an Assize d. The government consists of the President and the Court an appeal lies to the High Court, now Vice-President of the Republic, the Council of Supreme Court.

1 The Greek Communal Chamber ceased to exist tive organs of the Republic in accordance with the in 1965 when its legislative functions were transferred provisions ofthe Greek Communal Chamber (Transfer to the House of Representatives and its executive of Exercise) and Ministry of Education Law, 1965 (no. functions to the Minister of Education or other execu- 12 ofx965). II Cyprus C-105 b. The administrative judiciary. _ Th . . . far ere are no ad nurustratlve courts so in Cyprus but th S - as matrimonial causes and admiralty cases and issues h 1 · · . di • e upreme o:~~s in the nature of habeas corpus, maniamus, pro­ C ourt as exc usive. Juns ction to ad·JU dicateona recourse rnad e to It on a complaint that th htbttion, quo warranto and certiorari. · · f e act or onussion o any organ, authority or person After the events of 1963 which led to communal . . · dm.ini exer- asmg an executive or a · · strative auth · . clashes, however, those two courts could not func­ . onty Is tion as provided by the Constitution. By the Ad­ contr~ to 1aw or lll excess or abuse ofpowers and ministration of (Miscellaneous Provisions) may either confirm or annul such act or · · . . db 0 miSSIOn. Law, 1964 (no. 33 of 1964), the two courts were Sueh a recourse ts tne y a member ofthe s . th fir . upreme amalgamated into one, the Supreme Court, con­ Court m e st mstance and an appeal lies to the sisting of the judges of both courts under the presi­ full court. The Supreme CoUrt: also has a revisional dency of the senior judge for the exercise of the and is empowered to grant orders of jurisdiction hitherto vested in the two courts. The certiorari, quo warranto or prohibition. constitutionality of this law was upheld on the basis of the law ofnecessity.4 c. Constitutional Court and High Court. - The Con­ stitution provides for both a Constitutional Court d. Prosecution. - The Attorney-General of the Re­ and a High CoUrt:. The Supreme Constitutional public has, under the Constitution, power exercis­ Court, consisting ofa neutral President (i.e., a person able at his discretion in the public interest to institute, who is neither a British nor a Greek nor a Turkish conduct, take over or discontinue any proceedings citizen) and a Greek and a Turkish judge, exercises for an offence against any person in the Republic and exclusive jurisdiction on various matters of a consti­ exercises such power either in person or by officers tutional nature expressly provided in the Constitu­ subordinate to him acting in accordance with his tion. The High Court on the other hand consisting instructions. The Attorney-General's independence ofa neutral President, oftwo Greek and one Turkish is stronger in Cyprus than in because he is judge exercises exclusive appellate jurisdiction on not included in the political body. The investigation all appeals from decisions of all courts other than ofoffences is usually conducted by the police acting the Supreme Constitutional Court and exercises under the direction of the Attorney-General of the original jurisdiction on certain specified matters such Republic.

II.

such as and procedure, the law ofcon­ r. Constitution tract and civil wrongs, the law of companies and partnerships and the merchant shipping . There exists a hierarchy oflcgal norms, the Constitu­ tion (Const.) being the supreme law to which all other 3. The basic law is the which -~asap­ la.w in force in the Republic should conform. The plicable in Cyprus on r6 Aug. r9(5o compnsmg the Constitution is sui generis and very difficult to work conunon law and the rules ofequity and the A~ts of owing to its strict adherence to the exi~tence ?f two of general application in England m so Communities, the Greek and the Turkish. It ts very far as no other provision was made by a Cyprus lengthy (having I99 articles and 3 annexes), and after law.s the Indian Constitution probably the most elaborate 4· The law ofpersonal status, gov_erning personal constitutional text. ~e and fa.mi].y relations of persons, ts not uniform. ~he · · and those 2. The laws made under the Constl~tion . into law affecting members of the Greek Co~uruty which were in force on the date of tts crhnung p­ is the law of their Church and th_at affect~?g the operation are another source of law on e ~s~na1 Turkish Conununity is the Turkish (Fa.m?y and . t · th. the constitutto ) Law (Cap. 339) (based on the law m force tion that they are cons1sten W1 odified provisions. Certain branches of the law are c d d from time to time by judicial app~~ as ~xp~ ]~d, compare Grossman v. Police b h' [1964] C.L.R. 10 4 Attorney-General v. Mustafa[, ra tm, deoswns CL: . Reg. v. Erodotou (1952), 19 (1944), 17 . . . 123 ' 195. 60 (no I4 of 1960) s The Courts ofJustice Law, l9 · · Law 1935 C.L.R. 144· . . . . th C ts of Justtce ' s. 29 (ongmatmg m e ourb . static continues to s. 49). The not emg C-106 National Reports m

in Turkey which in its turn was taken from the but since then many amendments and substitutions Swiss Civil Code) as may be amended by a communal ofexisting laws have been made. Current legislation aw ofthe respective Communal Chamber. is published in the annual volumes of The Laws of Cyprus, appearing since Independence in 5· TheEnglishlawprincipleofprecedent, underwhich 1960 in the as Parartema Proton tes inferior courts are bound by the decisions of the Episemon Ephemerides tes Demokratias (periodically superior courts, applies in Cyprus. Also the Cyprus translated into the English language). The reports of courts, on matters of interpretation of legislation the decisions of the Supreme Constitutional Court based on English law, follow the decisions of the (officially known as Reports of Cases decided by the English courts. Constitutional Court of Cyprus) were issued in 5 volumes and those ofthe Supreme Court (entitled 6. Publications Cyprus Law Reports - C.L.R.) in 27 volumes but The laws of Cyprus were officially revised in 6 vol­ there are also monthly issues of reported cases. Re­ umes by Tornaritis, the Attorney-General, and are ports of District Courts are seldom published, but known as The Statute Laws of Cyprus, 1959 (revised when they are they appear in the Cyprus Law Re­ ed. London 1959) (references to chapters cited Cap.), ports of the Supreme Court.

III. CONCISE HISTORICAL EVOLUTION

At the time of the British occupation of Cyprus in communication services and broadcasting services 1878 the Ottoman law was in force, but during the were taken away from private concerns and entrusted British administration it was gradually replaced by to public corporations created ad hoc. Afi:er the legislation mainly based on English law. Even at the establishment of the Republic such intervention and time of the British administration the government was expanded. intervened in the private sector of business for Under the Annual Holidays With Pay Law, 1967 its regulation when public interest so required. In (no. 8 of 1967) and under the Termination of Em­ this way there existed legislation regulating the work ployment Law, 1967 (no. 24 of 1967) provision is in factories and in mines, night work, the running of made for the creation of arbitral presided breweries, the manufacture of intoxicating liquors over by a for the determination of disputes and tobacco and other matters. Electricity, telc- tmdcr such laws.

IV. PRIVATE (CIVIL) LAW

The sources of law are explained supra II. With English common law in respect of any civil wrong regard to (including capacity of persons, for which no specific provision was made.6 With form, damages and all other matters relating to con­ regard to ownership of immovable property, the tracts), the Law (Cap. 149) was based on Immovable Property (Tenure, Registration and the Indian Contract Act, 1872, and the Sale ofGoods Valuation) Law (Cap. 224) is a and im­ Law (now Cap. 267) on the Indian Sale of Goods provement on the complex Ottoman land tenure Act, 1930 which in their tum were based on the En­ legislation which was in force in Cyprus. The law of glish common law and relevant Acts. With regard to succession is contained in the Wills and Succession (including damages payable in respect thereof) Law (Cap. 195). Finally, is a matter of the Civil Wrongs Law (Cap. 148) codifies the Eng­ personal status (see supra II 4). lish law of torts but that Law is implemented by the

6 Vassiliou v. Vassiliou (1939), 16 C.L.R. 69; Uni­ versal Advertising and Publishing Agency v. Vouros (1952), 19 C.L.R. 87. VII Cyprus C-107

V.

In Cyprus corrunerciallaw as such does not exist as a industrial property all ofwhich were taken from and s~p~te branch; it is part of the (as dis­ based upon the corresponding English Acts. Com­ tmgwshed from the criminal law) but there are panies are governed by the Companies Law (Cap. certain laws on corrunercial and economic subjects. II3) copied from the English Companies Act, 1948. Apart from the laws dea1ing with corrunercial mat­ As regards foreign trade the Council ofMinisters has ters (such as the Partnership Law (now Cap. n6), power under the provisions of the Imports (Regula­ the Bills of Exchange Law (Cap. 262), the Sale of tion) Law, 1¢2 (no. 49 of 1¢2) to restrict and reg­ GoodsLaw(supra IV), and the BankruptcyLaw(Cap. ulate imports and in such a case a licensing system 5)), reference may be made to the laws relating to may be adopted.

VI. STATE DIRECTION OF TRADE

Authority for economic planning and direction of their prices fixed, to the laws regulating the market­ trade is given by Const. art. 25 par. 2 under which ing of certain commodities such as potatoes and conditions, limitations or restrictions, if absolutely carrots, the Hire-Purchase, Credit Sale and Hiring necessary for certain prescribed purposes including of Property (Control) Law, r¢6 (no. 32 of 1966) requirements ofpubli c interest, may be imposed by (imposing certain restrictions on hire-purchase and law. Some such la\vs already existed before the credit sales) and the Insurance Companies Law, 1967 establishment of the Republic and were saved under (no. 27 of 1¢7). the Constitution, but others were enacted after the Reference may also be made to the Five-Year establishment of the Republic. Apart from the law Economic Plans (there is one for 1¢2 to 1966 and regulating imports (see supra V) reference may be a new one is in preparation) supplemented by the made to the Commodities and Services (Regulation Development Budget. These are consistent with the and Control) Law, r¢2 (no. 32 of1962) under which free economy contemplated by the Constitution. certain commodities may be put under control and

VII. INDUS PROPERTY RIGHTS AND COPYRIGHT

Industrial property is protected by various laws, (Cap. 266) and the law applicable in England in mainly based on the corresponding English Acts. respect of patents for the time being applies in Copyright is governed by the Copyright Law, 1976. Cyprus. With regard to patents, however, the Re­ Trade marks are governed by the Trade Marks L'lw public of Cyprus, a member of the Council of (Cap. 268) based on the English Trade Marks Act, Europe, took part in the preparation of a European 1938 and merchandise marks are governed by d1e Convention on Patents. By Law no. 63 of 1¢5 the Merchandise Marks Law (Cap. 265) based on the Paris International Convention for the Protection of Merchandise Marks Act, 1953· With regard to pat­ Industrial Property of 1883, as revised in Lisbon in 1958, was approved, and it is now part of the law ents, any patent granted in the United Kingdom may be registered in Cyprus under the Patents Law of the Republic. VIII C-108 National Reports VIIT. PRINCIPLES OF JUDICIAL PROCEDURE

governed by the procedure followed before the Judicial procedure is governed by the Rules which are almost a copy of the English Rules English courts.' Arbitration trib~ ~ction under of the Supreme Court (Subsidiary Legislation of the Arbitration Law (Cap. 4) which agam was based on the English Arbitration Acts, 1889 to 1930. Cyprus, vol II (1955) 12~278). The procedure in courts in cases where no specific provision is made is

IX. PRIVATE AND INTERNATIONAL LAW OF PROCEDURE

The private international law, substantive and proce­ not the same, then the law applicable is the law ofthe dural, which applies in Cyprus is the common law Church of one of the parties at their election and in which related to the conflict oflaws.8 Since marriage any other case the law of the Republic in this respect is a matter of personal status, the law applicable as (Const. art. 22). Thus the principle of private inter­ regards members of the Greek Community is that national law that the formalities of marriage are of their particular Church and as regards members governed by the law of the celebration of the mar­ of the Turkish Community is their communal law. riage - lex loci celebrationis - does not apply when When the parties to a marriage, though members of under the relevant law ofthe Church a religious cere­ the Greek Community, do not belong to the same mony is required.9 The law of procedure and evi­ Church and the laws oftheir respective Churches are dence is based on the English law.

X. SELECTIVE BIBLIOGRAPHY

1. Books and Articles Republique de Chypre: Rev.int.dr. comp. 1961, 525- 559; Apostolides, Paratereseis epi tou Syntagmatos tes General: Tenekides, La condition internationale de la Kypriakes Demokratias (Athens 1961); Kyriakides, Republique de Chypre: A.F.D.I. 1960, 133-168; Cyprus. Constitutionalism and Crisis Government Tornaritis, The Legal Aspect ofthe Question of Cyprus (Philadelphia 1968); Nedjati and Leathes, A Study of (1965); Tsoutsos, Politique et droit des relations inter­ the Constitution of the Turkish Federated State of nationales (part II: Le problcme chypriote) (Paris Cyprus: 5 Anglo-Amer.L.Rev. 67-92 (1976); Tor­ 1967); Tomaritis, The Treaty of Alliance and the narites, He nornikei thesis tou Hypourgou tes Kypria­ Agreement to Its Application (1964); Zotiades, The kes Demokratias (1967); Aimilia11ides, To zetema tes Treaty of Guarantee and the Principle of Non-Inter­ Vretannikes ithageneias ton Kyprion apo tes Katoches vention (1965) ; Roberts-Wray, Commonwealth and achri semeron (1939); idem, Effect of Marriage on Colonial Law (London 1966) [Cyprus] 305, 322, 331, Nationality in Cyprus: 2 I.C.L.Q. 621 (1953); Ker­ 342. 349-350, 678-681. kinos, Ithageneia K yprion (Cairo 1943); Hecker, Das Staatsangehorigkeitsgesetz von Zypern vom 28. 7· Chapter I: Tornaritis, The Constitutional Question of 1967: StAZ 26 (1973) 190-194; Tornaritis, The Human Cyprus (1964); idem, The Constitutional Problem of Rights as Recognized and Protected by Law With Cyprus: Rev.Contemp.L. 11 (1964) no. r, 91-107; Special Reference to the Law of Cyprus (1967); idem, idem, Constitutional and Legal Problems in the Re­ The Social and Economic Rights Under the Law of public of Cyprus (ed. 2, 1972); Tsatsos, Paratereseis the Republic of Cyprus (1965); idem, The Right to epi tou Kypriakou Syntagrnatos (Athens 1965); Marry and Found a Family Especially Under the Law Vlachos, To semerinon politeurna tes Kyprou (Athens ?f Cyprus: Melanges Modinos (Paris 1968) 32o-330; 1962); De Smith, The New Commonwealth and Its tdem, The Right to Petition the Authorities Especially (London 1964) [Cyprus] 202-205, 282- Und~r .the ~aw of Cyprus (1968); Nedjati, Cyprus 296; Vlachos, L'organisation constitutionnelle de Ia Admuustrattve Law (1970) ;Judicial Systems [Cyprus].

1 Westcott and Lawrence Line v. the Mayor etc. of 9 Cheshire and North, Cheshire's Private International (1957), 22 C.L.R. 193. Law (ed. 9 London 1974) 8_ . 8 Patiki v. Patiki (1954), 20 C.L.R. Part I 36, 45. 31 319 X Cyprus Chapter II: See supra text s11b II. Flanz (ed.), Constitutions III [Cyprus]; Administra­ Chapter III: Anderson, The Movement Towards c d" tion of Justice (Miscellaneous Provisions) Law 1964 fication in Turkey, Cyprus and the Arab Worl~: ~ [of 9 July 1964]: Peaslee, Constitutions III 216-221; Laws of the Republic of Cyprus (Washington 1961). I.Y.B.I.A. 125-142 (1958); Emilianides Interracial and Interreligious Law in Cyprus: Rev.Hell. II (r s8) 286-3o6. 9 Chapter V: Foreign Association (ed.), Com­ mercial Laws of Cyprus (St. Petersburg, Fla. 1962 ss., loose-leaf); Republic of Cyprus (ed.), Merchant Ship­ Chapter IV: Pavlides, A New Land Law for Cyprus: ping (Registration of Ships, Sales and Mortgages) Law 30 J.Comp.Leg. (1948) III-IV 4o-46; Bertram The (no. 45 of 25 June 1963], Merchant Shipping (Masters Law of Wills and Succession in Cyprus: r2 J.Comp. and Seamen.) Law [no. 46 of 25 June 1963] (n.d.); Leg. (1911/12) II 324-339. A Law to Amend and Consolidate the Social Insurance and Workmen's Compensation Laws, and to Establish Chapter V: Trade Unions Act in Cyprus: 94 Int.Lab. a Scheme Providing Cash Benefits for Marriage, Rev. 303-304 (1966); Cronin, I.L.O. Recommenda­ Maternity, Sickness, Unemployment, Widowhood, tion 119. Job Security in Cyprus: 17 I.C.L.Q. 76o-772 Orphanhood, Old Age, Accidents and Death [no. 2 (1968). of 6 April 1964l: ILO Leg.Ser., Cyprus I (1964) r-so. Chapter VI: Tornaritis, Expropriation and Nationaliza­ tion of Private Property Under the Law of the Repub­ Chapter VI: Foreign Trade of Cyprus lic of Cyprus (1970); Loustaunau, Foreign Trade (Overseas Business Reports no. 83) (Washington1965); Regulations of Cyprus (Washington, D.C. 1970). Income Tax Act (on Foreign Persons) (Washington 1962). Chapter VII: Manual Industrial Property I (Cyprus]; White and Ravenscroft (ed.), Trade Marks (Cyprus]. Chapter VII: Patent Law no. 40 of 27 Dec. 1957: 56 Pat. & T.M. Rev. 247-251 (1958); The Patents Rules, 2. Translations of Legislative Texts 1959. Effective 4 Sept. 1958: 57 Pat. & T.M.Rev. 232- 235, 251-252 (1959)- Chapter I: (of 16 Aug. 1960]: Peaslee, Constitutions III 138-216; Constitution of the Republic of Cyprus [as of 16 Aug. 1960]: Blaustein and (Completed in March 1975)