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Constitution of the Republic of Cyprus

1
The Constitution of the Republic of Cyprus

Part 01 – 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.

2 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;

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

3 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.
(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.

4 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 02 – 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.

5
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;

6 (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;
(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

7 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;
(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;

8 (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

9 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.

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.

10 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 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.

11
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

12 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 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 sub-paragraph (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.

13 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 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

14 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

15 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 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

16 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.

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

17 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

18 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 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

19 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.

Part 03 – The President of the Republic, The Vice
President of the Republic and the Council of Ministers

Article 36
1. 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.
2. 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

20 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.

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

21 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 non-profit making business or profession.

22
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 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 respective!:
(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

23 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.

Article 45
1. 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.
2. 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.
3. 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.
4. (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.

24 (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.
5. 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.
6. 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 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

25 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.

26 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;
(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 provide
(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 provide
(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

27 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;
(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 –

28 (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) (nominations des cadres – διορισμοί στελεχών – kadrolara tayinler)
and their promotions (και η προαγωγή αυτών – ve bunlardaki terfiler);
(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 des cadres – διορισμοί στελεχών – kadrolara tayinler)
and their promotions (και η προαγωγή αυτών – ve bunlardaki terfiler);
(ii) distribution and stationing of forces;
(iii) emergency measures and martial law;
(iv) police laws.
It is specified that the right of veto under sub-paragraph (c) above
shall cover all emergency measures or decisions, but not those which
concern the normal functioning of the police and the gendarmerie.

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.

29
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

30 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.

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 (βλάβεν πρόσωπον – zarar goren kimse-
magdur)) 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;

31 (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 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,

32 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
1. A Minister is the Head of his Ministry.
2. 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.

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.

33 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
1. 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.
2. 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.

The Constitution – Appendix D: Part 04 – 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 two-thirds
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

34 Community and thirty per centum by the Turkish Community
separately from amongst their members respectively, and in the case
of a contested election, by universal suffrage and by direct and secret
ballot held on the same day.
The proportion of Representatives stated in this paragraph shall be
independent of any statistical data.

Article 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.

35 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.

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

36 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:-
“l 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.

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

37 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.
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

38 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

39 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 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

40 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 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
one-third 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

41 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

42 Representatives.
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 05 – 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.

43 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 (βαθμούς δικαιοδοσίας – dereceleri)
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;
(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
bye-laws within the framework of the laws relating to municipalities
will be necessary to enable a Communal Chamber to promote the aims
pursued by municipalities composed solely of members of its
respective Community;
(h) in matters relating to the exercise of the authority of control of
producers’ and consumers’ co-operatives and credit establishments
and of supervision in their functions of municipalities consisting solely
of their respective Community, vested in them by this Constitution:
Provided that-
(i) any communal law, regulation, bye-law or decision made or taken
by a Communal Chamber under this sub-paragraph (h) shall directly or
indirectly be contrary to or inconsistent with any by which producers’
and consumers’ co-operatives and credit establishments are governed
or to which the municipalities subject,
(ii) nothing in paragraph (i) of this proviso contained shall be
construed as enabling the House of Representatives to legislate on any
matter relating to the exercise of the authority vested in Communal
Chamber under this sub-paragraph (h):
(i) in such other matters as are expressly provided by this
Constitution.

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

44 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
(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.

45 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’ co-operatives 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
sub-paragraph (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 sub-paragraphs (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 (εφαρμογή – tatbik) 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.
3. The Communal Chambers shall have no competence to use
measures of constraint (αναγκαστικά μέτρα – cebir) 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

46 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.

47 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,
(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 by-election 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.

48 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.

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

49 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.

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.

50 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 (c) or (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

51 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 (κληρικίο-din adami) for the functioning of its institutions,
such Community shall have the right to obtain and employ such
personnel to the extent strictly necessary to meet its needs as the
Greek or the Turkish Government respectively may provide.

Article 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.

52 Article 111
1. 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.
2. 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.

Part 06 – The Independent Officers of the Republic

CHAPTER I
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 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.

53
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 such may be, the one belonging to such Community
shall be consulted buy the other before any decisions 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 legal adviser of the Republic
and of the President and of the Vice President of the Republic and f 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 this direction in the public interest, to institute, conduct, take over
and continue or discontinue any proceedings for an offence against
any person in the Republic. Such power may be exercised by him in
person or by officers subordinate to him acting under and in
accordance with his instructions.

Article 114
1. 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 the Constitution or by law.

54
2. 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 II

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 same 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

55 subordinate officers acting under and in accordance with his
instructions.

4. The Auditor-General shall submit a report on the exercise of his
functions and duties under this Chapter to the President and the Vice-
President f 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 perform all the functions and duties vested
in the Auditor-General under the provisions of the 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 III

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 and the Deputy 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.

56 4. The President and the ice-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 connexion 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 of the Republic provided in this Chapter may be exercised by him
in person or by such subordinate officers acting under and in
accordance with his instructions.

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 Ministers of Finance.

57 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 constructed as precluding
the Issuing Bank of the Republic from becoming a Central Bank:

Provided that in such case 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 07 – The Public Service

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

58 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
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.

59 (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.

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;
(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 absolute majority vote including at least the
votes of two Turkish members of the Commission:

60 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 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.
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

61 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 08 – 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

62 to a maximum of forty per centum and consequently that of the
Greeks may be reduced to sixty per centum.

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 09 – 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

63 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 sub-
paragraph (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 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 sub-paragraphs (3) and (4) of
paragraph 7 of this Article.
(3) The proceedings of the Council under sub-paragraph (2) of this

64 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 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

65 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
seventy-five 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.

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

66 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.

67 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

68 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 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

69 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.
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

70 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 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

71 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 sub-paragraph (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

72 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 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 sub-
paragraph (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

73 (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.
(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.

74 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:
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

75 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.

76
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

77 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.

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

78 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;
(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.

79 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

80 year, the 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

81 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;
(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
most-favoured-nation treatment to the Kingdom of Greece, the
Republic of Turkey and the United Kingdom of Great Britain and
Northern Ireland for all agreements whatever their nature might be.
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

82 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.

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

83 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 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

84 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.

85 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 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.

* Note: date to be inserted later.

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 IΙ, 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

86 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 forty-eight 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 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

87 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 sub-paragraph
(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 sub-paragraph (a) of this
paragraph and has reported, before the expiration of that period, that
there is in its opinion sufficient cause for the detention.

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 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

88 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.

Transitional Provisions

Article 187
1. Any person elected-
(a) as first President or first Vice-President of the Republic;
(b) as a member of the House of Representatives or of any Communal
Chamber,
under any law in force immediately before the date of the coming into
operation of this Constitution shall be deemed to be the President of
the Republic or the Vice-President of the Republic, a member of the
House of Representatives or a member of the Communal Chamber

89 concerned, elected respectively under the provisions of this
Constitution.

2. All laws and regulations relating to elections expired on the date of
the coming into operation of this Constitution and notwithstanding
such expiration shall continue to be in force until a new electoral law is
made by the House of Representatives or by any Communal Chamber,
as the case may be, and in any case not later than eighteen months of
the date of the coming into operation of this Constitution with regard
to any by-election to fill any vacancy occurring during such period in
the office of the President of the Republic, the Vice-President of the
Republic, any Representative or any member of a Communal
Chamber.

Article 188
1. Subject to the provisions of this Constitution and to the following
provisions of this Article, all laws in force on the date of the coming
into operation of this Constitution shall, until amended, whether by
way of variation, addition or repeal, by any law or communal law, as
the case may be, made under this Constitution, continue in force on or
after that date, and shall, as from that date be construed and applied
with such modification as may be necessary to bring them into
conformity with this Constitution.

2. Save where otherwise provided in the Transitional Provisions of this
Constitution no provision in any such law which is contrary to, or
inconsistent with, any provision of this Constitution and no law which
under Article 78 requires a separate majority shall so continue to be in
force:
Provided that the laws relating to the municipalities may continue to
be in force for a period of six months after the date of the coming into
operation of this Constitution and any law imposing duties or taxes
may continue to be in force until the 31st day of December, 1960.

3. In any such law which continues in force under paragraph 1 of this
Article, unless the context otherwise requires-
(a) any reference to the Colony of Cyprus or to the ” Crown ” shall, in
relation to any period beginning on or after the date of the coming into
operation of this Constitution, be construed as a reference to the
Republic;
(b) any reference to the Governor or the Governor in Council shall, in
relation to any such period, be construed as a reference to the
President and the Vice-President of the Republic, separately or

90 conjointly, according to the express provisions in this Constitution to
the House of Representatives in matters relating to exercise of
legislative power other than those expressly reserved to the
Communal Chambers, to the Communal Chamber concerned in all
matters within its competence under this Constitution, and to the
Council of Ministers in matters relating to exercise of executive power;
(c) any reference to the Administrative Secretary or the Financial
Secretary, shall in relation to any such period, be construed as a
reference to the Ministry or Independent Office of the Republic for the
time being charged with responsibility for the subject in relation to
which reference is made;
(d) any reference to the Attorney-General or the Solicitor-General,
shall in relation to any such period, be construed as a reference to the
Attorney-General of the Republic or the Deputy Attorney-General of
the Republic respectively,
(e) any reference to any other person holding a public office or to any
authority or body, shall, in relation to any such period, be construed as
a reference to the corresponding public officer or corresponding
authority, body or office of the Republic.

4. Any court in the Republic applying the provisions of any such law
which continues in force under paragraph 1 of this Article, shall apply
it in relation to any such period, with such modification as may be
necessary to bring it into accord with the provisions of this Constitution
including the Transitional Provisions thereof.

5. In this Article –
“law ” includes any public instrument made before the date of the
coming into operation of this Constitution by virtue of such law;
“modification” includes amendment, adaptation and repeal.

Article 189
Notwithstanding anything in Article 3 contained, for a period of five
years after the date of the coming into operation of this Constitution-
(a) all laws which under Article 188 will continue to be in force may
continue to be in the English language;
(b) the English language may be used in any proceedings before any
court in the Republic.

Article 190
1. Subject to the ensuing provisions of this Article any court existing
immediately before the date of the coming into operation of this

91 Constitution shall, notwithstanding anything in this Constitution, as
from that date and until a new law is made regarding the constitution
of the courts of the Republic and in any event not later than four
months from that date, continue to function as hitherto but
constituted, as far as practicable, in accordance with the provisions of
this Constitution:
Provided that any pending proceedings, civil or criminal, part heard on
the date of the coming into operation of this Constitution shall
continue and be disposed of, notwithstanding anything contained in
this Constitution, by the court as constituted in such a case.

2. Notwithstanding anything in this Constitution and until the Supreme
Constitutional Court established thereunder is constituted within a
period not later than three months of the date of the coming into
operation of this Constitution, the registry of the High Court shall be
the registry of the Supreme Constitutional Court.

3. The registry of the High Court shall be deemed to be the registry of
the Supreme Constitutional Court for all its purposes, including a
recourse, until such Court is constituted. the constitution of such Court
shall be effected not later than three months of the date of the coming
into operation of this Constitution.

4. In computing any time with regard to a recourse to the Supreme
Constitutional Court under the provisions of this Constitution, the
period between the date of the coming into operation of this
Constitution and the constitution of such Court as aforesaid shall not
be counted.

5. The Supreme Court existing immediately before the date of the
coming into operation of this Constitution shall be deemed to be the
High Court as established under this Constitution until the constitution
of such Court under the provisions thereof; the constitution of such
Court shall be made not later than three months of the date of the
coming into operation of this Constitution:
Provided that a reference to the Chief Justice shall be a reference to
the senior member of such Court, and such Court shall be deemed to
be validly constituted during such period notwithstanding that its
membership shall be below four.

Article 191
Any proceedings pending on the date of the coming into operation of
this Constitution in which the Attorney-General on behalf of the

92 Government of the Colony of Cyprus or any Department or officer
thereof is a party shall continue, on and after such date, with the
Republic or its corresponding office or officer being substituted as a
party.

Article 192
1. Save where other provision is made in this Constitution any person
who, immediately before the date of the coming into operation of this
Constitution, holds an office in the public service shall, after that date,
be entitled to the same terms and conditions of service as were
applicable to him before that date and those terms and conditions shall
not be altered to his disadvantage during his continuance in the public
service of the Republic on or after that date.

2. Subject to paragraph 1 of this Article the judges of the Supreme
Court other than the Chief Justice and the judges and magistrates of
the subordinate courts holding office immediately before the date of
the coming into operation of this Constitution shall, notwithstanding
anything contained in Articles 153 and 157, as from that date continue
to hold their respective offices as if they had been duly appointed
thereto under the provisions of those Articles until an appointment is
made under the provisions of those Articles and the provisions of this
Constitution shall apply to them accordingly.

3. Where any holder of an office mentioned in paragraphs 1 and 2 of
this Article is not appointed in the public service of the Republic he
shall be entitled, subject to the terms and conditions of service
applicable to him, to just compensation or pension on abolition of
office terms out of the funds of the Republic whichever is more
advantageous to him.

4. Subject to paragraph 5 of this Article any holder of an office
mentioned in paragraphs 1 and 2 of this Article whose office comes, by
the operation of this Constitution, within the competence of a
Communal Chamber, may, if he so desires, waive his rights under
paragraph 3 of this Article and choose to serve under such Communal
Chamber and in such a case such holder of such office shall be entitled
to receive from the Republic any retirement pension, gratuity or other
like benefit to which he would have been entitled under the law in
force immediately before the date of the coming into operation of this
Constitution in respect of the period of his service before such date if
such period by itself or together with any period of service under such
Communal Chamber would, under such law, have entitled him to any

93 such benefit.

5. Any teacher who, immediately before the date of the coming into
operation of this Constitution, was a serving teacher and was in receipt
of remuneration out of the public funds of the Colony of Cyprus and
whose office comes, by the operation of this Constitution, within the
competence of a Communal Chamber shall be entitled to receive from
the Republic any retirement pension, gratuity or other like benefit to
which he would have been entitled under the law in force before the
date of the coming into operation of this Constitution in respect of the
period of his service before such date if such period by itself or
together with any period of service under such Communal Chamber
would, under such law, have entitled him to any such benefit.

6. Any person who, immediately before the date of the coming into
operation of this Constitution, being in the public service of the Colony
of Cyprus is on leave prior to retirement therefrom or on transfer from
that service to any service other than that of the Republic shall,
irrespective of whether he is a citizen of the Republic or not, continue
to be entitled to the same terms and conditions of service as were
applicable to him under such circumstances before that date and such
terms and conditions shall not be altered to his disadvantage.

7. For the purposes of this Article
(a) “public service” in relation to service before the date of the coming
into operation of this Constitution means service under the
Government of the Colony of Cyprus and in relation to service after
that date means service in a civil capacity under the Republic and
includes service as a member of the security forces of the Republic;
(b) “terms and conditions of service” means, subject to the necessary
adaptations under the provisions of this Constitution, remuneration,
leave, removal from service, retirement pensions, gratuities or other
like benefits.

8. Save as provided in paragraph 6 of this Article nothing in this Article
shall apply to a person who is not a citizen of the Republic.

Article 193
Any person who, immediately before the date of the coming into
operation of this Constitution, was in receipt of any pension or other
retirement benefit out of the public Funds, including the Widows’ and
Orphans’ Pension Fund, of the Colony of Cyprus shall on and after the
date of the coming into operation of this Constitution, continue to be

94 paid such pension or other retirement benefit out of the public Funds
of the Republic under the same terms and conditions as were
applicable to such pensions or other retirement benefits immediately
before the date of the coming into operation of this Constitution or
under terms and conditions made thereafter not less favourable to that
person and applicable to his case.

Article 194
The eligibility of any person to receive a pension under the Widows’
and Orphans’ Pension Fund shall, on and after the date of the coming
into operation of this Constitution, continue to be subject to the same
terms and conditions as were in force immediately before the date of
the coming into operation of this Constitution and shall not be altered
to the disadvantage of any such person so long as such eligibility
remains.

Article 195
Notwithstanding anything in this Constitution contained, the person
elected as first President of the Republic and the person elected as first
Vice-President of the Republic, who under Article 187 are deemed to
be the first President and the first Vice-President of the Republic,
whether before or after their investiture as in Article 42 provided,
conjointly shall have, and shall be deemed to have had, the exclusive
right and power to sign and conclude on behalf of the Republic 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 together
with the Exchanges of Notes drawn up for signature with that Treaty,
and the Treaty guaranteeing the independence, territorial integrity and
Constitution of the Republic, between the Republic, the Kingdom of
Greece, the Republic of Turkey and the United Kingdom of Great
Britain and Northern Ireland, the Treaty of Military Alliance between
the Republic, the Kingdom of Greece and the Republic of Turkey and
the Agreement between the Republic, the Kingdom of Greece and the
Republic of Turkey for the application of the Treaty of Alliance
concluded between these countries, and such Treaties Agreements and
Notes exchanged shall be thus validly concluded on behalf of the
Republic and shall be operative and binding as from the date on which
they have been so signed.

95 Article 196
The term of office of the first Communal Chambers shall commence on
date of the coming into operation of this Constitution.

Article 197
1. Any movable or immovable property, or any right or interest
thereon, ‘which, immediately before the date of the coming into
operation of this Constitution, was vested in, held by, or registered in
the name of, the Government of the Colony of Cyprus or any other
person or body, for and on behalf of, or in trust for, any school, or
other body or institution which come, by or under the provisions of this
Constitution, within the competence of the Communal Chambers shall,
as from that date, be vested in, and be held by such person, body or
authority as provided by a law of the respective Communal Chamber
subject to such terms and conditions as such communal law may
provide: Provided that no such law shall direct that any such property
shall vest in, or be held by, the Communal Chamber itself.

2. Nothing in this Article contained shall apply to any bequest or other
donation administered by trustees or to any vakf in connection with
any educational purposes.

Article 198
1. The following provisions shall have effect until a law of citizenship is
made incorporating such provisions –
(a) any matter relating to citizenship shall be governed by the
provisions of Annex D to the Treaty of Establishment;
(b) any person born in Cyprus, on or after the date of the coming into
operation of this Constitution, shall become on the date of his birth a
citizen of the Republic if on that date his father has become a citizen of
the Republic or would but for his death have become such a citizen
under the provisions of Annex D to the Treaty of Establishment.

2. For the purposes of this Article “Treaty of Establishment” means 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.

Article 199
The Turkish Communal Chamber shall have the right to receive from
the Government of the United Kingdom of Great Britain and Northern

96 Ireland the sums specified in the Notes exchanged between the
Governor of the Colony of Cyprus, on behalf of the Government of the
United Kingdom and the representatives of the Turkish Community of
Cyprus drawn up for signature on* .
* Note: date to be inserted later.

——————————————————

Joint Constitutional Commission

The Greek Government delegation
Professor Themistocles Tsatsos (Head of the Delegation)
Mr. George Charbouris
Mr. Alexandros Lekkas
Mr. Constantinos Choidas
Mr. Demetrios Apostolides
Mr. Demetrios Kyriazis
Mr. Georghios Zotiades
Mr. Demetrios Petrounakos

The Turkish delegation
Professor Nihat Erim (Head of the Delegation)
Dr. Suat Bilge
Mr. Sherif Kolhan
Mr. Ahmet Asim Akyamach
Mr. Kaya Pirnar
Mr. Alaeddin Gulen

The Cyprus Greek delegation
Mr. Glafkos Clerides (Head of the Delegation)
Mr. George Polyviou
Mr. Michalakis Triantafyllides
Mr. Tasos Papadopoulos
The Legal Adviser: Mr. Criton George Tornaritis

The Cyprus Turkish delegation
Mr. Rauf Raif Denktash (Head of the Delegation)
Mr. Halit Ali Riza
Mr. Hakki Suleyman
Mr. Ali Dana
The Legal Adviser: Mr. Mehmet Nedjati M
The Legal Adviser to the Joint Constitutional Commission: Professor
Marcel Bridel

97 His Assistant: Mr. Louis Bagi

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