Kurtha Law Firm
Regulated by the Solicitors Regulation Authority (Law
Society - England & Wales) & Cyprus Bar Association
Society - England & Wales) & Cyprus Bar Association
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Constitution of Cyprus
| Cyprus Constitution Presented to Parliament by the Secretary of State for the Colonies, the Secretary of State for Foreign Affairs and the Minister of Defence by Command of Her Majesty July 1960 PART I INTRODUCTION 1. Following the Agreement concluded at the London Conference on Cyprus on the 19th February 1959 and in accordance with measures agreed at the Conference, action was taken both in Cyprus and in London to prepare for the transfer of sovereignty. APPENDIX A DRAFT TREATY (1960) CONCERNING THE ESTABLISHMENT OF THE REPUBLIC OF CYPRUS ARTICLE 1 The territory of the Republic of Cyprus shall comprise the Island of Cyprus, together with the islands Iying off its coast, with the exception of the two areas defined in Annex A to this Treaty, which areas shall remain under the sovereignty of the United Kingdom. These areas are in this Treaty and its Annexes referred to as the Akrotiri Sovereign Base Area and the Dhekelia Sovereign Base Area. ARTICLE 2 (1) The Republic of Cyprus shall accord to the United Kingdom the rights set forth in Annex B to this Treaty. (2) The Republic of Cyprus shall co-operate fully with the United Kingdom to ensure the security and effective operation of the military bases situated in the Akrotiri Sovereign Base Area and the Dhekelia Sovereign Base Area, and the full enjoyment by the United Kingdom of the rights conferred by this Treaty. ARTICLE 3 The Republic of Cyprus, Greece, Turkey and the United Kingdom undertake to consult and co- operate in the common defence of Cyprus. ARTICLE 4 The arrangements concerning the status of forces in the Island of Cyprus shall be those contained in Annex C to this Treaty. ARTICLE 5 The Republic of Cyprus shall secure to everyone within its jurisdiction human rights and fundamental freedoms comparable to those set out in Section I of the European Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on the 4th of November, 1950, and the Protocol to that Convention signed at Paris on the 20th of March, 1952. ARTICLE 6 The arrangements concerning the nationality of persons affected by the establishment of the Republic of Cyprus shall be those contained in Annex D to this Treaty. ARTICLE 7 The Republic of Cyprus and the United Kingdom accept and undertake to carry out the necessary financial and administrative arrangements to settle questions arising out of the termination of British administration in the territory of the Republic of Cyprus. These arrangements are set forth in Annex E to this Treaty. ARTICLE 8 (1) All international obligations and responsibilities of the Government of the United Kingdom shall henceforth, in so far as they may be held to have application to the Republic of Cyprus, be assumed by the Government of the Republic of Cyprus. (2) The international rights and benefits heretofore enjoyed by the Government of the United Kingdom in virtue of their application to the territory of the Republic of Cyprus shall henceforth be enjoyed by the Government of the Republic of Cyprus. ARTICLE 9 The Parties to this Treaty accept and undertake to carry out the arrangements concerning trade, commerce and other matters set forth in Annex F to this Treaty. ARTICLE 10 Any question or difficulty as to the interpretation of the provisions of this Treaty shall be settled as follows:— (a) Any question or difficulty that may arise over the operation of the military requirements of the United Kingdom, or concerning the provisions of this Treaty in so far as they affect the status, rights and obligations of United Kingdom forces or any other forces associated with them under the terms of this Treaty, or of Greek, Turkish and Cypriot forces, shall ordinarily be settled by negotiation between the tripartite Headquarters of the Republic of Cyprus, Greece and Turkey and the authorities of the armed forces of the United Kingdom. (b) Any question or difficulty as to the interpretation of the provisions of this Treaty on which agreement cannot be reached by negotiation between the military authorities in the cases described above, or, in other cases, by negotiation between the Parties concerned through the diplomatic channel, shall be referred for final decision to a tribunal appointed for the purpose, which shall be composed of four representatives, one each to be nominated by the Government of the United Kingdom, the Government of Greece, the Government of Turkey and the Government of the Republic of Cyprus, together with an independent chairman nominated by the President of the International Court of Justice. If the President is a citizen of the United Kingdom and Colonies or of the Republic of Cyprus or of Greece or of Turkey, the Vice-President shall be requested to act; and, if he also is such a citizen, the next senior Judge of the Court. ARTICLE 11 The Annexes to this Treaty shall have force and effect as integral par of this Treaty. ARTICLE 12 This Treaty shall enter into force on signature by all the Parties to it. APPENDIX B DRAFT TREATY OF GUARANTEE The Republic of Cyprus of the one part, and Greece, Turkey and the United Kingdom of Great Britain and Northern Ireland of the other part, I. Considering that the recognition and maintenance of the independence, territorial integrity and security of the Republic of Cyprus, as established and regulated by the Basic Articles of its Constitution, are in their common interest, II. Desiring to cooperate to ensure respect for the state of affairs created by that Constitution, Have agreed as follows: ARTICLE I The Republic of Cyprus undertakes to ensure the maintenance of its independence, territorial integrity and security, as well as respect for its Constitution. It undertakes not to participate, in whole or in part, in any political or economic union with any State whatsoever. It accordingly declares prohibited any activity likely to promote, directly or indirectly, either union with any other State or partition of the Island. ARTICLE II Greece, Turkey and the United Kingdom, taking note of the undertakings of the Republic of Cyprus set out in Article I of the present Treaty, recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus, and also the state of affairs established by the Basic Articles of its Constitution. Greece, Turkey and the United Kingdom likewise undertake to prohibit, so far as concerns them, any activity aimed at promoting, directly or indirectly, either union of Cyprus with any other State or partition of the Island. ARTICLE III The Republic of Cyprus, Greece and Turkey undertake to respect the integrity of the areas retained under United Kingdom sovereignty at the time of the establishment of the Republic of Cyprus, and guarantee the use and enjoyment by the United Kingdom of the rights to be secured to it by the Republic of Cyprus in accordance with the Treaty concerning the Establishment of the Republic of Cyprus signed at Nicosia on today's date. ARTICLE IV In the event of a breach of the provisions of the present Treaty, Greece, Turkey and the United Kingdom undertake to consult together with respect to the representations or measures necessary to ensure observance of those provisions. In so far as common or concerted action may not prove possible, each the three guaranteeing Powers reserves the right to take action with the sole aim of re-establishing the state of affairs created by the present Treaty. ARTICLE V The present Treaty shall enter into force on the date of signature. The The High Contracting Parties shall proceed as soon as possible to the registration of the present Treaty with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations. APPENDIX C DRAFT TREATY OF ALLIANCE The Republic of Cyprus, Greece and Turkey, I. In their common desire to uphold peace and to preserve the security of each of them, II. Considering that their efforts for the preservation of peace and security are in conformity with the purposes and principles of the United Nations Charter, Have agreed as follows ARTICLE 1 The High Contracting Parties undertake to cooperate for their common defence and to consult together on the problems raised by that defence. ARTICLE II The High Contracting Parties undertake to resist any attack or aggression, direct or indirect, directed against the independence or the territorial integrity of the Republic of Cyprus. ARTICLE III For the purpose of this alliance and in order to achieve the object mentioned above, a Tripartite Headquarters shall be established on the territory of the Republic of Cyprus. ARTICLE IV Greece and Turkey shall participate in the Tripartite Headquarters so established with the military contingents laid down in Additional Protocol No. 1 annexed to the present Treaty. The said contingents shall provide for the training of the army of the Republic of Cyprus. ARTICLE V The Command of the Tripartite Headquarters shall be assumed in rotation, for a period of one year each, by a Cypriot, Greek and Turkish General Officer, who shall be appointed respectively by the Governments of Greece and Turkey and by the President and the Vice-President of the Republic of Cyprus. ARTICLE VI The present Treaty shall enter into force on the date of signature. The High Contracting Parties shall conclude additional agreements if the application of the present Treaty renders them necessary. The High Contracting Parties shall proceed as soon as possible with the registration of the present Treaty with the Secretariat of the United Nations, in conformity with Article 102 of the United Nations Charter. ADDITIONAL PROTOCOL No. I I. The Greek and Turkish contingents which are to participate in the Tripartite Headquarters shall comprise respectively 950 Greek officers. non-commissioned officers and men, and 650 Turkish officers, non-commissioned officers and men. II. The President and the Vice-President of the Republic of Cyprus, acting in agreement, may request the Greek and Turkish Governments to increase or reduce the Greek and Turkish contingents. III. It is agreed that the sites of the cantonments for the Greek and Turkish contingents participating in the Tripartite Headquarters. their juridical status, facilities and exemptions in respect of customs and taxes. as well as other immunities and privileges and any other military and technical questions concerning the organisation and operation of the Headquarters mentioned above shall be determined by a Special Convention which shall come into force not later than the Treaty of Alliance. IV. It is likewise agreed that the Tripartite Headquarters shall be set up not later than three months after the completion of the tasks of the Mixed Commission for the Cyprus Constitution and shall consist. in the initial period, of a limited number of officers charged with the training of the armed forces of the Republic of Cyprus. The Greek and Turkish contingents mentioned above will arrive in Cyprus on the date of signature of the Treaty of Alliance. ADDITIONAL PROTOCOL No. II ARTICLE I A Committee shall be set up consisting of the Foreign Ministers of Cyprus, Greece and Turkey. It shall constitute the supreme political body of the Tripartite Alliance and may take cognisance of any question concerning the Alliance which the Governments of the three Allied countries shall agree to submit to it. ARTICLE II The Committee of Ministers shall meet in ordinary session once a year. In a matter of urgency the Committee of Ministers can be convened in special session by its Chairman at the request of one of the members of the Alliance. Decisions of the Committee of Ministers shall be unanimous. ARTICLE III The Committee of Ministers shall be presided over in rotation and for a period of one year, by each of the three Foreign Ministers. It will hold its ordinary sessions, unless it is decided otherwise, in the capital of the Chairman's country. The Chairman shall, during the year in which he holds office, preside over sessions of the Committee of Ministers, both ordinary and special. The Committee may set up subsidiary bodies whenever it shall judge it to be necessary for the fulfilment of its task. ARTICLE IV The Tripartite Headquarters established by the Treaty of Alliance shall be responsible to the Committee of Ministers in the performance of its functions. It shall submit to it, during the Committee's ordinary session an annual report comprising a detailed account of the Headquarter 's activities. APPENDIX D DRAFT CONSTITUTION OF THE REPUBLIC OF CYPRUS PART I. GENERAL PROVISIONS ARTICLE 1 The State of Cyprus is an independent and sovereign Republic with a presidential regime, the President being Greek and the Vice-President being Turk elected by the Greek and the Turkish Communities of Cyprus respectively as hereinafter in this Constitution provided. ARTICLE 2 For the purposes of this Constitution (1) the Greek Community comprises all citizens of the Republic who are of Greek origin and whose mother tongue is Greek or who share the Greek cultural traditions or who are members of the Greek Orthodox Church; (2) the Turkish Community comprises all citizens of the Republic who are of Turkish origin and whose mother tongue is Turkish or who share the Turkish cultural traditions or who are Moslems; (3) citizens of the Republic who do not come within the provisions of paragraph (1) or (2) of this Article shall, within three months of the date of the coming into operation of this Constitution, opt to belong to either the Greek or the Turkish Community as individuals, but, if they belong to a religious group, shall so opt as a religious group and upon such option they shall be deemed to be members of such Community: Provided that any citizen of the Republic who belongs to such a religious group may choose not to abide by the option of such group and by a written and signed declaration submitted within one month of the date of such option to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers opt to belong to the Community other than that to which such group shall be deemed to belong: Provided further that if an option of such religious group is not accepted on the ground that its members are below the requisite number any member of such group may within one month of the date of the refusal of acceptance of such option opt in the aforesaid manner as an individual to which Community he would like to belong. For the purposes of this paragraph a " religious group " means a group of persons ordinarily resident in Cyprus professing the same religion and either belonging to the same rite or being subject to the same jurisdiction thereof the number of whom, on the date of the coming into operation of this Constitution, exceeds one thousand out of which at least five hundred become on such date citizens of the Republic; (4) a person who becomes a citizen of the Republic at any time after three months of the date of the coming into operation of this Constitution shall exercise the option provided in paragraph (3) of this Article within three months of the date of his so becoming a citizen; (5) a Greek or a Turkish citizen of the Republic who comes within the provisions of paragraph (1) or (2) of this Article may cease to belong to the Community of which he is a member and belong to the other Community upon (a) a written and signed declaration by such citizen to the effect that he desires such change, submitted to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers; (b) the approval of the Communal Chamber of such other Community; (6) any individual or any religious group deemed to belong to either the Greek or the Turkish Community under the provisions of paragraph (3) of this Article may cease to belong to such Community and be deemed to belong to the other Community upon (a) a written and signed declaration by such individual or religious group to the effect that such change is desired, submitted to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers; (b) the approval of the Communal Chamber of such other Community; (7) (a) a married woman shall belong to the Community to which her husband belongs. (b) a male or female child under the age of twenty-one who is not married shall belong to the Community to which his or her father belongs, or, if the father is unknown and he or she has not been adopted, to the Community to which his or her mother belongs. ARTICLE 3 1. The official languages of the Republic are Greek and Turkish. 2. Legislative, executive and administrative acts and documents shall be drawn up in both official languages and shall, where under the express provisions of this Constitution promulgation is required, be promulgated by publication in the official Gazette of the Republic in both official languages. 3. Administrative or other official documents addressed to a Greek or a Turk shall be drawn up in the Greek or the Turkish language respectively. 4. Judicial proceedings shall be conducted or made and judgments 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 a stamps. 8. Every person shall have the right to address himself to the authorities of the Republic in either of the official languages. ARTICLE 4 1. The Republic shall have its own flag of neutral design and colour, chosen jointly by the President and the Vice-President of the Republic. 2. The authorities of the Republic and any public corporation or public utility body created by or under the laws of the Republic shall fly the flag of the Republic and they shall have the right to fly on holidays together with the flag of the Republic both the Greek and the Turkish flags at the same time. 3. The Communal authorities and institutions shall have the right to fly on holidays together with the flag of the Republic either the Greek or the Turkish flag at the same time. 4. Any citizen of the Republic or any body, corporate or unincorporated 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 cerebra respectively the Greek and the Turkish national holidays. APPENDIX D PART II. 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. 3. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary (a) in defence of person or property against the infliction of a proportionate and otherwise unavoidable and irreparable evil; (b) in order to effect an arrest or to prevent the escape of a person lawfully detained; (c) in action taken for the purpose of quelling a riot or insurrection when and as provided by law. ARTICLE 8 No person shall be subjected to torture or to inhuman or degrading punishment or treatment. ARTICLE 9 Every person has the right to a decent existence and to social security. A law shall provide for the protection of the workers, assistance to the poor and for a system of social insurance. ARTICLE 10 1. No person shall be held in slavery or servitude. 2. No person shall be required to perform forced or compulsory labour. 3. For the purposes of this Article the term " forced or compulsory labour " shall not include (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 11 or during conditional release from such detention; (b) any service of a military character if imposed or, in case of conscientious objectors, subject to their recognition by a law, service exacted instead of compulsory military service; (c) any service exacted in case of an emergency or calamity threatening the life or well being of the inhabitants. ARTICLE 11 1. Every person has the right to liberty and security of person. 2. No person shall be deprived of his liberty save in the following cases when and as provided by law: (a) the detention of a person after conviction by a competent court; (b) the arrest or detention of a person for non-compliance with the lawful order of a court; (c) the arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; (d) the detention of a minor by a lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the detention of persons for the prevention of spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) the arrest or detention of a person to prevent him effecting an unauthorised entry into the territory of the Republic or of an alien against whom action is being taken with a view to deportation or extradition. 3. Save when and as provided by law in case of a flagrant offence punishable with death or imprisonment, no person shall be arrested save under the authority of a reasoned judicial warrant issued according to the formalities prescribed by the law. 4. Every person arrested shall be informed at the time of his arrest in a language which he understands of the reasons for his arrest and shall be allowed to have the services of a lawyer of his own choosing. 5. The person arrested shall, as soon as is practicable after his arrest, and in any event not later than twenty-four hours after the arrest, be brought before a judge, if not earlier released. 6. The judge before whom the person arrested is brought shall promptly proceed to inquire into the grounds of the arrest in a language understandable by the person arrested and shall, as soon as possible and in any event not later than three days from such appearance, either release the person arrested on such terms as he may deem fit or where the investigation into the commission of the offence for which he has been arrested has not been completed remand him in custody and may remand him in custody from time to time for a period not exceeding eight days at any one time: Provided that the total period of such remand in custody shall not exceed three months of the date of the arrest on the expiration of which every person or authority having the custody of the person arrested shall forthwith set him free. Any decision of the judge under this paragraph shall be subject to appeal. 7. Every person who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 8. Every person who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation. ARTICLE 12 1. No person shall be held guilty of any offence on account of any act or omission which did not constitute an offence under the law at the time when it was committed; and no person shall have a heavier punishment imposed on him for an offence other than that expressly provided for it by law at the time when it was committed. 2. A person who has been acquitted or convicted of an offence shall not be tried again for the same offence. No person shall be punished twice for the same act or omission except where death ensues from such act or omission. 3. No law shall provide for a punishment which is disproportionate to the gravity of the offence. 4. Every person charged with an offence shall be presumed innocent until proved guilty according to law. 5. Every person charged with an offence has the following minimum rights: (a) to be informed promptly and in a language which he understands and in detail of the nature and grounds of the charge preferred against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through a lawyer of his own choosing or, if he has no sufficient means to pay for legal assistance, to be given free legal assistance when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. 6. A punishment of general confiscation of property is prohibited. ARTICLE 13 1. Every person has the right to move freely throughout the territory of the Republic and to reside in any part thereof subject to any restrictions imposed by law and which are necessary only for the purposes of defence or public health or provided as punishment to be passed by a competent court. 2. Every person has the right to leave permanently or temporarily the territory of the Republic subject to reasonable restrictions imposed by law. ARTICLE 14 No citizen shall be banished or excluded from the Republic under any circumstances. ARTICLE 15 1. Every person has the right to respect for his private and family life. 2. There shall be no interference with the exercise of this right except such as is in accordance with the law and is necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person. ARTICLE 16 1. Every person's dwelling house is inviolable. 2. There shall be no entry in any dwelling house or any search therein except when and as provided by law and on a judicial warrant duly reasoned or when the entry is made with the express consent of its occupant or for the purpose of rescuing the victims of any offence of violence or of any disaster. ARTICLE 17 1. Every person has the right to respect for, and to the secrecy of, his correspondence and other communication if such other communication is made through means not prohibited by law. 2. There shall be no interference with the exercise of this right except in accordance with the law and only in cases of convicted and un convicted prisoners and business correspondence and communication of bankrupts during the bankruptcy administration. ARTICLE 1 8 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. 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 2. Free primary education shall be made available by the Greek and the Turkish Communal Chambers in the respective communal primary schools. 3. Primary education shall be compulsory for all citizens of such school age as may be determined by a relevant communal law. 4. Education, other than primary education, shall be made available by the Greek and the Turkish Communal Chambers, in deserving and appropriate cases, on such terms and conditions as may be determined by a relevant communal law. ARTICLE 21 1. Every person has the right to freedom of peaceful assembly. 2. Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Notwithstanding any restriction under paragraph 3 of this Article, no person shall be compelled to join any association or to continue to be a member thereof. 3. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the 'interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person, whether or not such person participates in such assembly or is a member of such association. 4. Any association the object or activities of which are contrary to the constitutional order is prohibited. 5. A law may provide for the imposition of restrictions on the exercise of these rights by members of the armed forces, the police or gendarmerie. 6. Subject to the provisions of any law regulating the establishment or incorporation, membership (including rights and obligations of members), management and administration, and winding up and dissolution, the provisions of this Article shall also apply to the formation of companies, societies and other associations functioning for profit. ARTICLE 22 1. Any person reaching nubile age is free to marry and to found a family according to the law relating to marriage, applicable to such person under the provisions of this Constitution. 2. The provisions of paragraph 1 of this Article shall, in the following cases, be applied as follows: (a) if the law relating to marriage applicable to the parties as provided under Article 111 is not the same, the parties may elect to have their marriage governed by the law applicable to either of them under such Article; (b) if the provisions of Article 111 are not applicable to any of the parties to the marriage and neither of such parties is a member of the Turkish Community, the marriage shall be governed by a law of the Republic which the House of Representatives shall make and which shall not contain any restrictions other than those relating to age, health, proximity of relationship and prohibition of polygamy; (c) if the provisions of Article 111 are applicable only to one of the parties to the marriage and the other party is not a member of the Turkish Community, the marriage shall be governed by the law of the Republic as in subparagraph (b) of this paragraph provided: Provided that the parties may elect to have their marriage governed by the law applicable, under Article 111, to one of such parties in so far as such law allows such marriage. 3. Nothing in this Article contained shall, in any way, affect the rights, other than those on marriage, of the Greek Orthodox Church or of any religious group to which the provisions of paragraph 3 of Article 2 shall apply with regard to their respective members as provided in this Constitution. ARTICLE 23 1. Every person, alone or jointly with others, has the right to acquire, own, possess, enjoy or dispose of any movable or immovable property and has the right to respect for such right. The right of the Republic to underground water, minerals and antiquities is reserved. 2. No deprivation or restriction or limitation of any such right shall be made except as provided in this Article. 3. Restrictions or limitations which are absolutely necessary in the interest of the public safety or the public health or the public morals or the town and country planning or the development and utilization 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 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 judgment, enforcing any contractual obligation or for the prevention of danger to life or property. 8. Any movable or immovable property may be requisitioned by the Republic or by a Communal Chamber for the purposes of the educational, religious,, charitable or sporting institutions, bodies or establishments within its competence and only where the owner and the person entitled to possession of such property belong to the respective Community, and only (a) for a purpose which is to the public benefit and shall be specially provided by a general law for requisitioning which shall be enacted within a year from the date of the coming into operation of this Constitution; and (b) when such purpose is established by a decision of the requisitioning authority and made under the provisions of such law stating clearly the reasons for such requisitioning; and (c) for a period not exceeding three years; and (d) upon the prompt payment in cash of a just and equitable compensation to be determined in case of disagreement by a civil court. 9. Notwithstanding anything contained in this Article no deprivation restriction or limitation of the right provided in paragraph I of this Article. in respect of any movable or immovable property belonging to any See, monastery, church or any other ecclesiastical corporation or any right over it or interest therein shall be made except with the written consent of the appropriate ecclesiastical authority being in control of such property and the provisions of paragraphs 3, 4, 7 and 8 of this Article shall be subject to the provisions of this paragraph: Provided that restrictions or limitations for the purposes of town and country planning under the provisions of paragraph 3 of this Article are exempted from the provisions of this paragraph. 10. Notwithstanding anything contained in this Article, no deprivation, restriction or limitation of any right provided in paragraph 1 of this Article in respect of any vakf movable or immovable property, including the objects and subjects of the vakfs and the properties belonging to the Mosques or to any other Moslem religious institutions, or any right thereon or interest therein shall be made except with the approval of the Turkish Communal Chamber and subject to the Laws and Principles of Vakfs and the provisions of paragraphs 3, 4, 7 and 8 of this Article shall be subject to the provisions of this paragraph: Provided that restrictions or limitations for the purposes of town and country planning under the provisions of paragraph 3 of this Article are exempted from the provisions of this paragraph. 11. Any interested person shall have the right of recourse to the court in respect of or under any of the provisions of this Article, and such recourse shall act as a stay of proceedings for the compulsory acquisition; and in case of any restriction or limitation imposed under paragraph 3 of this Article, the court shall have power to order stay of any proceedings in respect thereof. Any decision of the court under this paragraph shall be subject to appeal. ARTICLE 24 1. Every person is bound to contribute according to his means towards the public burdens. 2. No such contribution by way of tax, duty or rate of any kind whatsoever shall be imposed save by or under the authority of a law. 3. No tax, duty or rate of any kind whatsoever shall be imposed with retrospective effect: Provided that any import duty may be imposed as from the date of the introduction of the relevant Bill. 4. No tax, duty or rate of any kind whatsoever other than customs duties shall be of a destructive or prohibitive nature. ARTICLE 25 1. Every person has the right to practice any profession or to carry on any occupation, trade or business. 2. The exercise of this right may be subject to such formalities, conditions or restrictions as are prescribed by law and relate exclusively to the qualifications usually required for the exercise of any profession or are necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person or in the public interest: Provided that no such formalities, conditions or restrictions purporting to be in the public interest shall be prescribed by a law if such formality. condition or restriction is contrary to the interests of either Community. 3. As an exception to the aforesaid provisions of this Article a law may provide. if it is in the public interest. that certain enterprises of the nature of an essential public service or relating to the exploitation of sources of energy or other natural resources shall be carried out exclusively by the Republic or a municipal corporation or by a public corporate body created for the purpose by such law and administered under the control of the Republic, and having a capital which may be derived from public and private funds or from either such source only: Provided that. where such enterprise has been carried out by any person, other than a municipal corporation or a public corporate body, the installations used for such enterprise shall, at the request of such person, be acquired. on payment of a just price, by the Republic or such municipal corporation or such public corporate body, as the case may be. ARTICLE 2 6 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 of the inhabitants or the protection of the rights and liberties guaranteed by this Constitution to any person. 2. The members of the armed forces, of the police and of the gendarmerie shall not have the right to strike. A law may extend such prohibition to the members of the public service. ARTICLE 28 1. All persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby. 2. Every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any ground whatsoever, unless there is express provision to the contrary in this Constitution. 3. No citizen shall be entitled to use or enjoy any privilege of any title of nobility or of social distinction within the territorial limits of the Republic. 4. No title or nobility or other social distinction shall be conferred by or recognised in the Republic. ARTICLE 29 1. Every person has the right individually or jointly with others to address written requests or complaints to any competent public authority and to have them attended to and decided expeditiously; an immediate notice of any such decision taken duly reasoned shall be given to the person making the request or complaint and in any event within a period not exceeding thirty days. 2. Where any interested person is aggrieved by any such decision or where no such decision is notified to such person within the period specified in paragraph 1 of this Article, such person may have recourse to a competent court in the matter of such request or complaint. ARTICLE 30 1. No person shall be denied access to the court assigned to him by or under this Constitution. The establishment of judicial committees or exceptional courts under any name whatsoever is prohibited. 2. In the determination of his civil rights and obligations or of any criminal charge against him, every person is entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. Judgment 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 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. Appendix D Part 3 PART III. 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. Deputizing 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 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 right to~ 1. The Vice-President of the Republic as Vice Head of the State has the (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 subparagraphs (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 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. 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 there under, 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 un expired 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 she 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 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 subparagraph (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 connexion 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 1iable 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 connexion 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. (2) The President or the Vice-President of the Republic on any such prosecution shall become vacant and on his acquittal he shale 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 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; (1) replacement by a system of rotation of the system of appointment of a Turkish Minister to one of the three Ministries of Foreign Affairs or of Defence or of Finance as in Article 46 provided; (m) exercise of any of the powers specified in paragraphs (d), (e), (f) and (g) of Articles 48 and 49 and in Articles 50 and 51 which the President or the Vice-President of the Republic respectively can exercise separately; (n) address of messages to the House of Representatives as in Article 79 provided. ARTICLE 48 The executive power exercised by the President of the Republic consists of the following matters, that is to say:- (a) designation and termination of appointment of Greek Ministers; (b) convening the meetings of the Council of Ministers as in Article ' provided, presiding at such meetings and taking part in the discussions thereat without any right to vote; (c) preparing the agenda of such meetings as in Article 56 provided; (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 ' 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 ' provided. ARTICLE 49 The executive power exercised by the Vice-President of the Republic consists of the following matters, that is to say:- (a) designation and termination of appointment of Turkish Ministers; (b) asking the President of the Republic for the convening of the Council of Ministers as in Article 55 provided and being present and taking part in the discussions at all meetings of the Council of Ministers without any right to vote; (c) proposing to the President of the Republic subjects for inclusion in the agenda as in Article 56 provided; (d) right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided; (e) right of return of decisions of the Council of Ministers as in Article 57 provided; (f) right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in, Article 50 provided; (g) right of return of laws or decisions of the House of Representatives or of the Budget as in Article 51 provided; (h) right of recourse to the Supreme Constitutional Court as in Articles 137, 138 and 143 provided; 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 subparagraph " foreign affairs " includes (i) the recognition of States, the establishment of diplomatic an consular relations with other countries and the interruption c such relations. The grant of acceptance to diplomat) representatives and of exequatur to consular representative' 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 an 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 and their promotions (iii) importation of war materials and also explosives of all kinds; (iv) cession of bases and other facilities to allied countries; (c) the following questions of security:- (i) nominations and their promotions (ii) distribution and stationing of forces; (iii) emergency measures and martial law; (iv) police laws. It is specified that the right of veto under subparagraph (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. ARTICLE 49 The executive power exercised by the Vice-President of the Republic consists of the following matters, that is to say:- (a) designation and termination of appointment of Turkish Ministers; (b) asking the President of the Republic for the convening of the Council of Ministers as in Article 55 provided and being present and taking part in the discussions at all meetings of the Council of Ministers without any right to vote; (c) proposing to the President of the Republic subjects for inclusion in the agenda as in Article 56 provided; (d) right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided; (e) right of return of decisions of the Council of Ministers as in Article 57 provided; (f) right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in Article SO 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; (1) 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 subparagraph " foreign affairs " includes (i) the recognition of States, the establishment of diplomatic an. consular relations with other countries and the interruption of such relations. The grant of acceptance to diplomat). 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 an, 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 and their promotions (iii) importation of war materials and also explosives of all kinds; (iv) cession of bases and other facilities to allied countries; (c) the following questions of security:- (i) (nominations and their promotions (ii) distribution and stationing of forces; (iii) emergency measures and martial law; (iv) police laws. It is specified that the right of veto under subparagraph (c) above shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and the gendarmerie. 2. The above right of veto may be exercised either against the whole of a law or decision or against any part thereof, and in the latter case such law or decision shall be returned to the House of Representatives for a decision whether the remaining part thereof will be submitted, under the relevant provisions of this Constitution, for promulgation. 3. The right of veto under this Article shall be exercised within the period for the promulgation of laws or decisions of the House of Representatives as in Article 52 provided. ARTICLE 51 1. The President and the Vice-President of the Republic shall have the right, either separately or conjointly, to return any law or decision or any part thereof of the House of Representatives to the House for reconsideration. 2. On the adoption of the Budget by the House of Representatives the President and the Vice- President of the Republic, either separately or conjointly, may exercise his or their right to return it to the House of Representatives on the ground that in his or their judgment there is a discrimination. 3. In case a law or decision or any part thereof is returned to the House of Representatives as in paragraph 1 of this Article provided, the House of Representatives shall pronounce on the matter so returned within fifteen days of such return and in the case of return of the Budget as in paragraph 2 of this Article provided the House of Representatives shall pronounce on the matter so returned within thirty days of such return. 4. If the House of Representatives persists in its decision the President and the Vice-President of the Republic shall, subject to the provisions of this Constitution, promulgate the law or decision or the Budget, as the case may be, within the time limit fixed for the promulgation of laws and decisions of the House of Representatives by publication of such law or decision or Budget in the official Gazette of the Republic. 5. Whenever the President or the Vice-President of the Republic exercises his right to return as provided in this Article he shall immediately notify the other of such return. 6. The right of return under this Article shall be exercised within the period for the promulgation of laws or decisions of the House of Representatives as in Article 52 provided. ARTICLE 52 The President and the Vice-President of the Republic shall, within fifteen days of the transmission to their respective offices of any law or decision of the House of Representatives, promulgate by publication in the official Gazette of the Republic such law or decision unless in the meantime they exercise, separately or conjointly, as the case may be, their right of veto as in Article 50 provided or their right of return as in Article 51 provided or their right of reference to the Supreme Constitutional Court as in Articles 140 and 141 provided or in the case of the Budget their right of recourse to the Supreme Constitutional Court as in Article 138 provided. ARTICLE 53 1. The President or the Vice-President of the Republic shall have the right to exercise the prerogative of mercy with regard to persons belonging to their respective Community who are condemned to death. 2. Where the person injured and the offender are members of different Communities such prerogative of mercy shall be exercised by agreement between the President and the Vice- President of the Republic; in the event of disagreement between the two the vote for clemency shall prevail. 3. In case the prerogative of mercy is exercised under paragraph I or 2 of this Article the death sentence shall be commuted to life imprisonment. 4. The President and the Vice-President of the Republic shall, on the unanimous recommendation of the Attorney General and the Deputy Attorney General of the Republic, remit, suspend, or commute any sentence passed by a court in the Republic in all other cases. ARTICLE 54 Subject to the executive power expressly reserved, under Articles 47, 48 and 49, to the President and the Vice-President of the Republic, acting either separately or conjointly, the Council of Ministers shall exercise executive power in all other matters other than those which, under the express provisions of this Constitution, are within the competence of a Communal Chamber, including the following:- (a) the general direction and control of the government of the Republic and the direction of general policy; (b) foreign affairs as in Article 50 set out; (c) defence and security, including questions thereof as in Article 50 set out; (d) the coordination and supervision of all public services; (e) the supervision and disposition of property belonging to the Republic in accordance with the provisions of this Constitution and the law; (f) consideration of Bills to be introduced to the House of Representatives by a Minister; (g) making of any order or regulation for the carrying into effect of any law as provided by such law; (h) consideration of the Budget of the Republic to be introduced to the House of Representatives. ARTICLE 55 The President of the Republic convenes the meetings of the Council of Ministers. Such convening is made by the President of the Republic on his own motion or on being asked by the Vice- President of the Republic in due time for a specific subject. ARTICLE 56 The agenda of any meeting of the Council of Ministers is prepared by the President of the Republic at his discretion and is communicated to all concerned prior to such meeting. The Vice- President of the Republic may propose to the President any subject for inclusion in the agenda of any meeting. The President of the Republic shall include such subject in the agenda if it can conveniently be dealt with at such meeting, otherwise such subject shall be included in the agenda of the meeting next following. ARTICLE 57 1. On a decision being taken by the Council of Ministers such decision shall be transmitted forthwith to the office of the President and of the Vice-President of the Republic respectively. 2. The President or the Vice-President of the Republic or both shall have the right of return, within four days of the date when the decision has been transmitted to their respective offices, of such decision to the Council of Ministers for reconsideration, whereupon the Council of Ministers shall reconsider the matter and if they persist in such decision the President and the Vice-President of the Republic shall, subject to paragraph 4 of this Article, promulgate by publication such decision: Provided that the exercise of the right of return shall not, in cases where the right of veto exists, prevent either the President or the Vice-President of the Republic or both from exercising the right of veto, within four days of the transmission to their respective offices, of the decision persisted upon. 3. If a decision relates to foreign affairs, defence or security as in Article 50 set out, the President or the Vice-President of the Republic or both shall have a right of veto which they shall exercise within four days of the date when the decision has been transmitted to their respective offices. 4. If the decision is enforceable and no right of veto or return has been exercised as in paragraph 2 or 3 of this Article provided, such decision shall be forthwith promulgated by the President and the Vice-President of the Republic 'by publication in the official Gazette of the Republic unless the Council of Ministers otherwise states in that decision. ARTICLE 58 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 For the purposes of this paragraph " public office " has the same meaning as in Article 41. 3. The Ministers shall hold office in the case of the Greek Ministers until their appointment is terminated by the President of the Republic and in the case of the Turkish Ministers until their appointment is terminated by the Vice-President of the Republic. 4. Any person appointed as a Minister shall, before entering upon his office, make before the President and the Vice-President of the Republic the following affirmation:- " I do solemnly affirm faith to, and respect for, the Constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the Republic of Cyprus." ARTICLE 60 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. APPENDIX D -PART IV.-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 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. 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 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 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 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 distributed respectively to the Representatives elected by the Greek and the Turkish Communities shall be in the same proportion as that in which the seats in the House are distributed to the Representatives elected by the Greek and the Turkish Communities respectively. 5. Every Bill on being introduced in the House of Representatives shall be referred for debate in the first instance before the appropriate Committee. With the exception of those which are considered to be of an urgent nature, no Bill shall be debated by a Committee before the lapse of forty-eight hours after its being distributed to the Representatives constituting such a Committee. With the exception of those which are considered to be of an urgent nature, no Bill which has passed the Committee stage shall be debated in the House of Representatives before the lapse of forty-eight hours after it has been distributed to the Representatives together with the report of the Committee. 6. The agenda of the meetings of the House of Representatives, which shall include any additional subject proposed by the Vice-President of the House, shall be drawn up and presented to the House of Representatives by the President of the House. After the presentation of the agenda to the House of Representatives, any Representative may move any addition or amendment to such agenda, and such motion shall be decided upon by the House of Representatives. 7. No Representative can speak at any meeting of the House of Representatives unless he registers his name in the proper Register or unless he obtains the permission of the person presiding at such meeting. Every Representative who has complied with such formality is entitled to be given reasonably sufficient time, having regard to the particular subject, to speak and to be heard at the relevant meeting. The speeches shall be made in order of the registration or of oral request, as the case may be, of those who desire to speak: Provided that where there are opposite views held, a speaker shall, as far as practicable, follow another one who supports the opposite view. But Representatives speaking on behalf of the Committees or of the political party groups of the House of Representatives shall not be subject to such order of precedence. Representatives desiring to speak in connexion 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 connexion 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 arid 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. 1. The House of Representatives shall meet on the fifteenth day next following a general election and thereafter in each year on the corresponding day in such year without summons for its ordinary session. 2. The ordinary session of the House of Representatives shall last for a period of three to six months in each year, as the House of Representatives may determine. 3. The House of Representatives shall be summoned to an extraordinary session by the President or the Vice-President of the House on the request of ten Representatives addressed to both the President and the Vice-President of the House. ARTICLE 75 1. The meetings of the House of Representatives shall be open to the public and the minutes of its debates shall be published. 2. The House of Representatives may, if it thinks necessary, hold secret sessions on a resolution carried by a three quarters majority vote of the total number of Representatives. ARTICLE 76 1. The President of the House shall declare the commencement and the end of every meeting. 2. The President of the House in declaring the end of a meeting shall at the same time announce the date and time fixed, with the consent of the House of Representatives, of the meeting next following and shall present to the House of Representatives the agenda of such meeting and thereupon the provisions of paragraph 6 of Article 73 shall apply. 3. Any agenda shall be printed and distributed to the Representatives at least twenty-four hours prior to the meeting. but if such agenda relates to the topic already under debate such distribution may be made at any time prior to the meeting. ARTICLE 77 |