Cyprus 1960 Constitution (reviewed 2013) - Page 3 of 17

Table of Contents

Part III. THE PRESIDENT OF THE REPUBLIC, THE VICE-PRESIDENT OF THE REPUBLIC AND THE COUNCIL OF MINISTERS

Article 36

The President of the Republic is the Head of the State and takes precedence over all persons in the Republic.The Vice-President of the Republic is the Vice-Head of the State and takes precedence over all persons in the Republic next after the President of the Republic.
Deputising for or replacing the President of the Republic in case of his temporary absence or temporary incapacity to perform his duties is made as provided in paragraph 2 of this Article.
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-

represents the Republic in all its official functions;
signs the credentials of diplomatic envoys appointed under Article 54 and receives the credentials of foreign diplomatic envoys who shall be accredited to him;
signs
1. 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;
2. the letter relating to the transmission of the instruments of ratification of any international treaties, conventions or agreements approved as provided in this Constitution;
confers the honours of the Republic.

Article 38

The Vice-President of the Republic as Vice-Head of the State has the right to
1. be present in all official functions;
2. be present at the presentation of the credentials of the foreign diplomatic envoys;
3. 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.
For the purposes of sub-paragraphs (a) and (b) of paragraph I 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

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.
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.
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 or Vice-President of the Republic if at the time of election such person-

is a citizen of the Republic;
has attained the age of thirty-five years;
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;
is not suffering from a mental disease incapacitating such person from acting as President or Vice-President of the Republic.

Article 41

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.
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

The President and the Vice-President of the Republic are invested by the House of Representatives before which they make the following affirmation:-“I do solemnly affirm faith to, and respect for, the Constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the Republic of Cyprus.”
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

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.
The President or the Vice-President of the Republic elected at a by-election under paragraph 4 of Article 44 shall hold office for the unexpired period of office of the President or the Vice-President of the Republic, as the case may be, whose vacancy he has been elected to fill.
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

The office of the President or the Vice-President of the Republic shall become vacant-
1. upon his death;
2. upon his written resignation addressed to the House of Representatives through, and received by, its President or Vice-President respectively;
3. upon his conviction of high treason or any other offence involving dishonesty or moral turpitude;
4. upon such permanent physical or mental incapacity or such absence, other than temporary, as would prevent him to perform effectively his duties.
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.
The Supreme Constitutional Court shall decide on any question arising out of sub-paragraph (d) of paragraph I 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.
In the event of a vacancy in the office of either the President or the Vice-President of the Republic, the vacancy shall be filled by a by-election which shall take place within a period not exceeding forty-five days of the occurrence of such vacancy.

Article 45

1. The President or the Vice-President of the Republic shall not be liable to any criminal prosecution during his term of office except under the provisions of this Article.
2. The President or the Vice-President of the Republic may be prosecuted for high treason on a charge preferred by the Attorney-General and the Deputy Attorney-General of the Republic before the High Court upon a resolution of the House of Representatives carried by a secret ballot and a majority of three fourths of the total number of Representatives:Provided that no such resolution shall be taken and no item 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 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 be tried by the High Court; on his conviction his office shall become vacant and on his acquittal he shall resume the performance of the functions of his office.
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.
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:

determining the design and colour of the flag of the Republic as in Article 4 provided;
creation or establishment of the honours of the Republic;
appointment by an instrument signed by them both of the members of the Council of Ministers as in Article 46 provided;
promulgation by publication in the official Gazette of the Republic of the decisions of the Council of Ministers as in Article 57 provided;
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;
appointments in Articles 112, 115, 118, 124, 126, 131, 133, 153 and 184 provided and of appointments made under Article 13 1;
institution of compulsory military service as in Article 129 provided;
reduction or increase of the security forces as in Article 130 provided;
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;
right of reference to the Supreme Constitutional Court as in Article 140 provided;
publication in the official Gazette of the Republic of decisions of the Supreme Constitutional Court as in Articles 137, 138, 139 and 143 provided;
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;
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;
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:

designation and termination of appointment of Greek Ministers;
convening the meetings of the Council of Ministers as in Article 55 provided, presiding at such meetings and taking part in the discussions thereat without any right to vote;
preparing the agenda of such meetings as in Article 56 provided;
right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided;
right of return of decisions of the Council of Ministers as in Article 57 provided;
right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in Article 50 provided;
right of return of laws or decisions of the House of Representatives or of the Budget as in Article 51 provided;
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;
publication of the communal laws and decisions of the Greek Communal Chamber as in Article 104 provided;
right of reference to the Supreme Constitutional Court of any law or decision of the Greek Communal Chamber as in Article 142 provided;
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;
the prerogative of mercy in capital cases as in Article 53 provided;
the exercise of any of the powers specified in Article 47 conjointly with the Vice-President of the Republic;
addressing messages to the House of Representatives as in Article 79 provided.

Article 49

The executive power exercised by the Vice-President of the Republic consists of the following matters, that is to say:

designation and termination of appointment of Turkish Ministers;
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;
proposing to the President of the Republic subjects for inclusion in the agenda as in Article 56 provided;
right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided;
right of return of decisions of the Council of Ministers as in Article 57 provided;
right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in Article 50 provided;
right of return of laws or decisions of the House of Representatives or of the Budget as in Article 51 provided;
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;
publication of the communal laws and decisions of the Turkish Communal Chamber as in Article 104 provided;
right of reference to the Supreme Constitutional Court of any law or decision of the Turkish Communal Chamber as in Article 142 provided;
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;
the prerogative of mercy in capital cases as in Article 53 provided;
the exercise of any of the powers specified in Article 47 conjointly with the President of the Republic;
addressing messages to the House of Representatives as in Article 79 provided.

Article 50

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
1. foreign affairs, except the participation of the Republic in international organisations and pacts of alliance in which the Kingdom of Greece and the Republic of Turkey both participate.For the purposes of this sub-paragraph “foreign affairs” includes-
  1. the recognition of States, the establishment of diplomatic and consular relations with other countries and the interruption of such relations. The grant of acceptance to diplomatic representatives and of exequatur to consular representatives. The assignment of diplomatic representatives and of consular representatives, already in the diplomatic service, to posts abroad and the entrusting of functions abroad to special envoys already in the diplomatic service. The appointment and the assignment of persons, who are not already in the diplomatic service, to any posts abroad as diplomatic or consular representatives and the entrusting of functions abroad to persons, who are not already in the diplomatic service, as special envoys;
  2. the conclusion of international treaties, conventions and agreements;
  3. the declaration of war and the conclusion of peace;
  4. the protection abroad of the citizens of the Republic and of their interests;
  5. the establishment, the status and the interests of aliens in the Republic;
  6. 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;
2. the following questions of defence:
  1. composition and size of the armed forces and credits for them;
  2. (nominations des cadres) and their promotions;
  3. importation of war materials and also explosives of all kinds;
  4. cession of bases and other facilities to allied countries;
3. the following questions of security:
  1. (nominations des cadres) and their promotions;
  2. distribution and stationing of forces;
  3. emergency measures and martial law;
  4. police laws.
It is specified that the right of veto under sub-paragraph (c) above shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and the gendarmerie.
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.
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

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.
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.
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.
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.
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.
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

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.
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.
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.
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:

the general direction and control of the government of the Republic and the direction of general policy;
foreign affairs as in Article 50 set out;
defence and security, including questions thereof as in Article 50 set out;
the co-ordination and supervision of all public services;
the supervision and disposition of property belonging to the Republic in accordance with the provisions of this Constitution and the law;
consideration of Bills to be introduced to the House of Representatives by a Minister;
making of any order or regulation for the carrying into effect of any law as provided by such law;
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

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.
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.
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.
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

A Minister is the Head of his Ministry.
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:
1. the execution of laws relating to, and the administration of all matters and affairs usually falling within, the domain of his Ministry;
2. preparation of orders or regulations concerning his Ministry for submission to the Council of Ministers;
3. 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;
4. the preparation for submission to the Council of Ministers of the part of the Budget of the Republic relating to his Ministry.

Article 59

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.
The office of a Minister shall be incompatible with that of a Representative or of a member of a Communal Chamber or of a member of any municipal council including a Mayor or of a member of the armed or security forces of the Republic or with a public or municipal office or in the case of a Turkish Minister with that of a religious functionary (din adami).For the purposes of this paragraph “public office” has the same meaning as in Article 41.
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.
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

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.
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.