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Legal
The
Legislative Power of the Republic is exercised by the House of Representatives
in all matters. Members of the government may not be Members of
the House of Representatives. The two offices are incompatible and
if a Member of the House is appointed by the President to become
a Minister he must relinquish his seat in the House. Both Representatives
and Ministers have the right to introduce bills in the House. However,
Representatives are not permitted to introduce any bills related
to an increase in budgetary expenditure.
The
President of the Republic may address the House personally or by
message, or convey his views to the House through the Ministers.The
Ministers may follow the proceedings of the House or of any committee
of the House, and may make a statement or inform the House or any
Committee of the House on any subject within their competence.
Ministers,
however, are not constitutionally bound to appear before the House
or before any committee of the House at the request of the House.
In practice no Minister has declined to do so when requested by
the President of the House or by the chairman of a committee.
The
President of the Republic and the vice-president have the right
to final veto on any law passed by the House which concerns certain
specified issues of foreign affairs, defense and security. As far
as other types of legislation are concerned, the President and the
vice-president, jointly or separately have only delaying power.
They may return a law or a decision to the House. In such a case
the house must again pronounce on the law within fifteen days or,
if it concerns the budget, within 30 days. If the House persists
in its decision then the President and vice-president are bound
to promulgate the law or decision in question by publishing it in
the official Gazette of the Republic.
Furthermore,
they may, at any time prior to the promulgation of any law or decision
of the House, refer to the Supreme Court for its opinion on the
question as to whether such law or decision or any specified provision
thereof is repugnant to/or inconsistent with any provision of the
Constitution. In such case the law or decision shall not be promulgated.
Judiciary
The
administration of justice is exercised by the island's separate
and independent judiciary. Under the 1960 constitution and other
legislation in force the following judicial institutions have been
established:
- The
Supreme Court of the Republic
- The
Assize Court (Permanent Assize Court for all Districts).
- District
Courts
- Military
Court
- Industrial
Disputes Court
- Rent
Control Courts
- Family
Courts
The Supreme
Court
The Supreme
Court is composed of thirteen judges, one of whom is the President
of the Court. The Supreme Court adjudicates on all matters of constitutionality
of legislation referred to it by the President of the Republic or
arising in any judicial proceedings including complaints that any
law or decision of the House of Representatives or the Budget is discriminatory;
also on matters of conflict or contrast of power or competence between
state organs and questions of interpretation of the Constitution in
cases of ambiguity.
The Supreme
Court is the final Appellate Court in the Republic and has jurisdiction
to hear and determine appeals in civil and criminal cases from the
Assize Court, District Courts as well as appeals from decisions of
its own judges when sitting alone in the exercise of original and
provisional jurisdiction of the Supreme Court. It is also vested exclusively
with Administrative Law, provisional jurisdiction in connection with
administrative or executive acts, decisions or omissions; the relevant
remedy is by way of a recourse for annulment. The Supreme Court, moreover,
exercises original jurisdiction as a Court of Admiralty.
In its
original jurisdiction the Supreme Court deals also, exclusively with
proceedings for the issue of orders of habeas corpus, mandamus, prohibition,
quo warrantor and certiorari.
Assize
Court
As a result
of the enactment of the courts of Justice (Amendment) Law 1991 (No.136/91)
there has been constituted a Permanent Assize Court as from 6/5/91,
which deals with cases within the jurisdiction of an Assize Court
for all districts of Cyprus. The Assize Court has unlimited criminal
jurisdiction and may order the payment of compensation up to CYP£3,000.
District
Courts
There
is a District Court for each district. The District Courts exercise
original criminal and civil jurisdiction including jurisdiction in
admiralty cases referred to them by the Supreme Court by virtue of
Law 96/65 and matrimonial cases. The extent of the jurisdiction varies
with the composition of the Bench. In civil matters a District Court
composed of not less than two Judges has unlimited jurisdiction. A
President or a Senior District Judge of a District Court sitting alone
has jurisdiction up to CYP£10,000 and a District Judge sitting alone
up to CYP£5,000 and is also empowered to deal with any action for
the recovery or possession of any immovable property (and certain
other specified matters connected therewith) when the title of such
property is not in dispute, irrespective of the value of the property
involved; provided that a President of a District Court or a Senior
District Judge sitting alone shall have jurisdiction to hear and determine
any action in relation to negligence as well as in relation to compensation
for the compulsory acquisition and requisition of immovable property,
irrespective of the amount in dispute, unless such President or Senior
District Judge, as the case may be, is of the opinion that it becomes
necessary that the case be heard and determined by a Full Court consisting
of not more than three judges. In criminal matters the jurisdiction
of the District Court is exercised by the members sitting singly and
is of a summary nature. A President or a Senior District Judge or
a District Judge sitting alone has power to try any offence punishable
with imprisonment up to 3 years or with a fine up to CYP£2,000, or
with both, and may order the payment of compensation up to CYP£3,000.
There
is a Supreme Council of Judicature, consisting of the President and
Judges of the Supreme Court, entrusted with the appointment, promotion,
transfers, termination of appointment and disciplinary control over
all judicial officers, other than the Judges of the Supreme Court. |