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Cyprus Criton G

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Cyprus Criton G Cyprus 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 Constitution 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 United Kingdom 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 Law, 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 police. 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 executive power on certain of which is under the charge of a District Officer. specified subjects, convenes and presides over the * Attorney-General, Nicosia. - 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 laws 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 Judiciary Vice-President replaces the Vice-President of the Republic in case ofthe temporary incapacity ofeither a. The courts 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 Court, of which there is one summons for its ordinary session in each year on in each district. The President or a District Judge 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 judges 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 Supreme Court. 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 imprisonment 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 · .
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