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APPENDIX D - PART IX
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PART IX.-THE SUPREME CONSTITUTIONAL COURT

 

ARTICLE 133

1. (1) There shall be a Supreme Constitutional Court of the Republic composed of a Greek, a Turk and a neutral judge. The neutral judge shall be the President of the Court.

(2) The President and the other judges of the Supreme Constitutional Court shall be appointed jointly by the President and the Vice­President of the Republic:

Provided that in the case of a vacancy solely in the post of either the Greek or the Turkish judge the proposal of the President or the Vice­President of the Republic to whose Community the judge to be appointed shall belong shall prevail if the President and the Vice­President of the Republic do not agree on the appointment within a week of such proposal.

2. The seat of the Supreme Constitutional Court shall be in the capital of the Republic.

3. The neutral judge shall not be a subject or a citizen of the Republic or of the Kingdom of Greece or of the Republic of Turkey or of the United Kingdom and the Colonies.

4. The Greek and the Turkish judge of the Supreme Constitutional Court shall be a citizen of the Republic.

5. The President and the other judges of the Supreme Constitutional Court shall be appointed from amongst lawyers of high professional and moral standard.

6. (1) The President of the Court shall be appointed for a period of six years.

(2) The remuneration and other conditions of service of the President of the Court shall be laid down in the instrument of his appointment.

(3) The conditions of service of the President of the Court to be laid down in the instrument of his appointment as provided in sub­paragraph (2) of this paragraph shall include-
 

    (a) provision for his retirement on the same grounds as those on which the Greek or the Turkish judge may be retired under sub­paragraph (3) of paragraph 7 of this Article; and

    (b) provision for his dismissal on the same grounds as those on which such Greek or Turkish judge may be dismissed under sub­paragraph (4) of paragraph 7 of this Article.

7. (1) The Greek and the Turkish judge of the Court shall be permanent members of the judicial service of the Republic and shall hold office until they attain the age of sixty­eight.

(2) Without prejudice to any retirement pension, gratuity or any other like benefit he may have acquired under the provisions of any law, the Greek or the Turkish judge of the Court may at any time resign his office by writing under his hand addressed to the President and the Vice­President of the Republic.

(3) The Greek or the Turkish judge of the Court shall be retired on account of such mental or physical incapacity or infirmity as would render him incapable of discharging the duties of his office either permanently or for such period of time as would render it impracticable for him to continue in office. A judge so retired shall be entitled to all benefits and emoluments provided by any law in force for the time being.

(4) The Greek or the Turkish judge of the Court may be dismissed on the ground of misconduct.

8. (1) There shall be established a Council consisting of the President of the High Court as Chairman and the senior in appointment Greek judge and the Turkish judge of the High Court as members.

(2) This Council shall have exclusive competence to determine all matters relating to-

(a) the retirement, dismissal or otherwise the termination of the appointment of the President of the Court in accordance with the conditions of service laid down in the instrument of his appointment;

(b) the retirement or dismissal of the Greek or the Turkish judge of the Court on any of the grounds provided in sub­paragraphs (3) and (4) of paragraph 7 of this Article.

(3) The proceedings of the Council under sub­paragraph (2) of this paragraph shall be of a judicial nature and the judge concerned shall be entitled to be heard and present his case before the Council.

(4) The decision of the Council taken by a majority shall be binding upon the President and the Vice­President of the Republic who shall jointly act accordingly.

9. In the case of temporary absence or incapacity of the President or of the Greek judge or of the Turkish judge of the Court, the President of the High Court or the senior in appointment of the two Greek judges or the Turkish judge thereof respectively shall act in his place during such temporary absence or incapacity.

10. No action shall be brought against the President or any other judge of the Court for any act done or words spoken in his judicial capacity.

11. The remuneration and other conditions of service of the Greek and the Turkish judge of the Court shall be fixed by a law.

12. The remuneration and other conditions of service of any judge of the Court shall not be altered to his disadvantage after his appointment.
 

ARTICLE 134

1. The sittings of the Supreme Constitutional Court for the hearing of all proceedings shall be public but the Court may hear any proceedings in the presence only of the parties, if any, and the officers of the Court if it considers that such a course will be in the interest of the orderly conduct of the proceedings or if the security of the Republic or public morals so require.
2. When a recourse appears to be prima facie frivolous the Court may, after hearing arguments by or on behalf of the parties concerned, unanimously dismiss such recourse without a public hearing if satisfied that such recourse is in fact frivolous.
 

ARTICLE 135

The Supreme Constitutional Court shall make Rules of Court for regulating the practice and procedure of the Court in the exercise of jurisdiction conferred upon it by this Constitution, for prescribing forms and fees in respect of proceedings in the Court and for prescribing and regulating the composition of its registry and the powers and the duties of the officers thereof.
 

ARTICLE 136

The Supreme Constitutional Court shall have exclusive jurisdiction adjudicate finally on all matters as provided in the ensuing Articles.
 

ARTICLE 137

1. The President and the Vice­President of the Republic, either separately or conjointly, shall have a right of recourse to the Supreme Constitutional Court under the provisions of this Article on the ground that any law or decision of the House of Representatives or any provision thereof discriminates against either of the two Communities.

2. A recourse under paragraph 1 of this Article shall be made within seventy­five days of the promulgation of any such law or decision.

3. Notice of the filing of such a recourse shall be published in the official Gazette of the Republic by the President and the Vice­President of the Republic within a period of twenty­four hours from such filing. Upon the publication of such notification in the official Gazette of the Republic the operation of such law or decision shall be suspended from the day following such publication until the Supreme Constitutional Court determines such recourse.

4. Upon such recourse the Court may confirm or annul such law or decision or any provision thereof or return it to the House of Representatives for reconsideration, in whole or in part:

Provided that in the case of annulment of a law or decision or any provision thereof such annulment shall operate from the date of the publication of the decision of the Supreme Constitutional Court under paragraph 5 of this Article without prejudice to anything done or left undone under such law or decision or provision thereof.

5. The decision of the Court shall be notified forthwith to the President and the Vice­President of the Republic and to the President and the Vice­President of the House of Representatives and shall be published forthwith by the President and the Vice­President of the Republic in the official Gazette of the Republic.
 

ARTICLE 138

1. Where on the adoption of the Budget by the House of Representatives the President and the Vice­President of the Republic, either separately or conjointly, has or have exercised his or their right to return it to the House of Representatives on the ground that in his or their judgment there is a discrimination and the House has persisted in its decision, the President and the Vice­President of the Republic, either separately or conjointly, as the case may be, shall have a right of recourse to the Supreme Constitutional Court on such ground.

2. Such recourse shall be made within the period fixed by this Constitution for the promulgation of the laws or decisions of the House of Representatives.

3. Upon such a recourse the Court may annul or confirm the Budget or return it to the House of Representatives, in whole or in part.

4. The decision of the Court shall be notified forthwith to the President and the Vice­President of the Republic and to the President and the Vice­President of the House of Representatives and shall be published forthwith by the President and the Vice­President of the Republic in the official Gazette of the Republic.
 

ARTICLE 139

by-

1. The Supreme Constitutional Court shall have jurisdiction to adjudicate finally on a recourse made in connexion with any matter relating to any conflict or contest of power or competence arising between the House of Representatives and the Communal Chambers or any one of them and between any organs of, or authorities in, the Republic:

Provided that nothing in this paragraph contained shall apply to any conflict or contest between any courts or judicial authorities in the Republic, which conflict or contest shall be decided by the High Court.

For the purposes of this paragraph the expression " courts or judicial authorities in the Republic" does not include the Supreme Constitutional Court.

2. Where any question arises as to the competence of the Supreme Constitutional Court regarding any matter, such question shall be determined by the Supreme Constitutional Court.

3. Recourse to the Court under paragraph 1 of this Article may be made
 

    (a) the President or the Vice­President of the Republic;

    (b) the House of Representatives; or

    (c) one of, or both the Communal Chambers; or

    (d) any other organ of, or authority in, the Republic, if involved in such conflict or contest.

4. Such recourse shall be made within thirty days of the date when such power or competence is contested.

5. Upon such a recourse the Court may declare that the law or the decision or the act, the subject or the recourse, is void, either from the time when the conflict or contest arose or ab initio, and without any legal effect whatsoever, either in whole or in part, on the ground that such law or decision or act was made or taken or done without power or competence, and in either case the Court may give directions as to the effect of anything done or left undone under such law or decision or act.

6. Any decision of the Court upon such recourse shall be forthwith notified to the parties concerned and to the President and the Vice­President of the Republic who shall forthwith publish it in the official Gazette of the Republic.

7. Upon a recourse under this Article the Court may order that the operation of the law or decision or act, as the case may be, which is the subject matter of such recourse, shall be suspended until the determination of the recourse; such order shall be pub­fished forthwith in the official Gazette of the Republic.
 

ARTICLE 140

1. The President and the Vice­President of the Republic acting jointly may, at any time prior to the promulgation of any law or decision of the House of Representatives, refer to the Supreme Constitutional Court for its opinion the question as to whether such law or decision or any specified provision thereof is repugnant to or inconsistent with any provision of this Constitution, otherwise than on the ground that such law or decision or any provision thereof discriminates against either of the two Communities.

2. The Supreme Constitutional Court shall consider every question referred to it under paragraph 1 of this Article and having heard arguments on behalf of the President and the Vice­President of the Republic and on behalf of the House of Representatives shall give its opinion on such question and notify the President and the Vice­President of the Republic and the House of Representatives accordingly.

3. In case the Supreme Constitutional Court is of the opinion that such law or decision or any provision thereof is repugnant to or inconsistent with any provision of this Constitution such law or decision or such provision thereof shall not be promulgated by the President and the Vice­President of the Republic.
 

ARTICLE 141

1. The President or the Vice­President of the Republic may, at any time prior to the promulgation of any law imposing any formalities, conditions or restrictions on the right guaranteed by Article 25, refer to the Supreme Constitutional Court for its opinion the question as to whether such formality, condition or restriction is not in the public interest or is contrary to the interests of his Community.

2. The Supreme Constitutional Court shall consider such question and having heard arguments on behalf of the President or the Vice­President of the Republic, as the case may be, and on behalf of the House of Representatives shall give its opinion and notify the President and the Vice­President of the Republic and the House of Representatives accordingly.

3. In case the Supreme Constitutional Court is of opinion that such formality, condition or restriction is not in the public interest or is contrary to the interests of such Community such law or any provision thereof prescribing such formality, condition or restriction shall not be promulgated by the President and the Vice­President of the Republic.
 

ARTICLE 142

1. The President of the Republic with regard to any law or decision of the Greek Communal Chamber and the Vice­President of the Republic with regard to any law or decision of the Turkish Communal Chamber, may, at any time prior to the publication of such law or decision, refer to the Supreme Constitutional Court for its opinion the question as to whether such law or decision or any specified provision thereof is repugnant to or inconsistent with any provision of this Constitution.

2. The Supreme Constitutional Court shall consider every question referred to it under paragraph 1 of this Article and having heard arguments on behalf of the President or the Vice­President of the Republic, as the case may be, and on behalf of the Communal Chamber concerned, shall give its opinion on such question and notify accordingly the President or the Vice­President of the Republic, as the case may be, and the Communal Chamber concerned.

3. In case the Supreme Constitutional Court is of the opinion that such law or decision or any provision thereof is repugnant to or inconsistent with any provision of this Constitution such law or decision or such provision thereof shall not be published by the President or the Vice­President of the Republic, as the case may be.
 

ARTICLE 143

1. The President or the Vice­President of the Republic or Representatives consisting of at least one­fifth of the total number of a newly­elected House of Representatives shall have a right of recourse to the Supreme Constitutional Court on the question whether there exist such urgent and exceptional unforeseen circumstances as to justify a House of Representatives which continues to be in office until the assumption of office of a newly­elected House to make any laws or take any decisions as in Article 68 provided.

2. Such recourse, if made by the President or the Vice­President of the Republic shall be made within the period provided by this Constitution for the promulgation of the laws and decisions of the House of Representatives and if made by such Representatives shall be made within fifteen days of the date when the new House first meets.

3. The decision of the Court shall be notified forthwith to the President

and the Vice­President of the Republic and to the President and the Vice­President of the House of Representatives and shall be published forthwith by the President and the Vice­President of the Republic in the official Gazette of the Republic.
 

ARTICLE 144

1. A party to any judicial proceedings, including proceedings on appeal, may, at any stage thereof, raise the question of the unconstitutionality of any law or decision or any provision thereof material for the determination of any matter at issue in such proceedings and thereupon the Court before which
such question is raised shall reserve the question for the decision of the Supreme Constitutional Court and stay further proceedings until such question is determined by the Supreme Constitutional Court.

2. The Supreme Constitutional Court, on a question so reserved, shall, after hearing the parties, consider and determine the question so reserved 'and transmit its decision to the Court by which such question has been reserved.

3. Any decision of the Supreme Constitutional Court under paragraph 2 of this Article shall be binding on the court by which the question has been reserved and on the parties to the proceedings and shall, in case such decision is to the effect that the law or decision or any provision thereof is unconstitutional, operate as to make such law or decision inapplicable to such proceedings only.
 

ARTICLE 145

The Supreme Constitutional Court shall have exclusive jurisdiction to adjudicate finally on any election petition, made under the provisions of the Electoral Law, with regard to the elections of the President or the Vice­President of the Republic or of members of the House of Representatives or of any Communal Chamber.
 

ARTICLE 146

1. The Supreme Constitutional Court shall have exclusive jurisdiction to adjudicate finally on a recourse made to it on a complaint that a decision, an act or omission of any organ, authority or person, exercising any executive or administrative authority is contrary to any of the provisions of this Constitution or of any law or is made in excess or in abuse of powers vested in such organ or authority or person.

2. Such a recourse may be made by a person whose any existing legitimate interest, which he has either as a person or by virtue of being a member of a Community, is adversely and directly affected by such decision or act or omission.

3. Such a recourse shall be made within seventy­five days of the date when the decision or act was published or, if not published and in the case of an omission, when it came to the knowledge of the person making the recourse.

4. Upon such a recourse the Court may, by its decision-
 

    (a) confirm, either in whole or in part, such decision or act or omission; or

    (b) declare, either in whole or in part, such decision or act to be null and void and of no effect whatsoever, or

    (c) declare that such omission, either in whole or in part, ought not to have been made and that whatever has been omitted should have been performed.

5. Any decision given under paragraph 4 of this Article shall be binding on all courts and all organs or authorities in the Republic and shall be given effect to and acted upon by the organ or authority or person concerned.

6. Any person aggrieved by any decision or act declared to be void under paragraph 4 of this Article or by any omission declared thereunder that it ought not to have been made shall be entitled, if his claim is not met to his satisfaction by the organ, authority or person concerned, to institute legal proceedings in a court for the recovery of damages or for being granted other remedy and to recover just and equitable damages to be assessed by the court or to be granted such other just and equitable remedy as such court is empowered to grant.
 

ARTICLE 147

The Supreme Constitutional Court shall have exclusive jurisdiction to adjudicate finally on a motion made by the Attorney­General and the Deputy Attorney­General of the Republic, in accordance with the provisions of paragraph 3 of Article 44, with regard to the question of the existence of such permanent or temporary incapacity, or absence, otherwise than temporary, of the President or the Vice­President of the Republic, as would prevent him to perform effectively his duties as in sub­paragraph (d) of paragraph 1 of Article 44 provided.
 

ARTICLE 148

Subject to the provisions of paragraph 3 of Article 144, any decision of the Supreme Constitutional Court on any matter within its jurisdiction or competence shall be binding on all courts, organs, authorities and persons in the Republic.
 

ARTICLE 149

The Supreme Constitutional Court shall have exclusive jurisdiction-
 

    (a) to determine any conflict between the two texts of this Constitution by reference to the text of the draft of this Constitution signed at Nicosia on the 6th April, 1960, in the Joint Constitutional Commission together with the schedule of amendments thereto signed on* by representatives of the Kingdom of Greece, the Republic of Turkey and the Greek and Turkish Cypriot communities, due regard being had to the letter and spirit of the Zurich Agreement dated the 11th February, 1959, and of the London Agreement dated the 19th of February, 1959;

    (b) to make, in case of ambiguity, any interpretation of this Constitution due regard being had to the letter and spirit of the Zurich Agreement dated the 11th February, 1959, and of the London Agreement dated the 19th February, 1959.

 

ARTICLE 150

The Supreme Constitutional Court shall have jurisdiction to punish for contempt of itself.
 

ARTICLE 151

1. Notwithstanding anything in the foregoing provisions of this Part, the Supreme Constitutional Court shall have exclusive competence to decide finally on a reference made to it by the Public Service Commission under sub­paragraph (2) of paragraph 3 of Article 125.

2. Nothing in this Article contained shall preclude any recourse to the Supreme Constitutional Court under Article 146 on a complaint concerning any decision, act or omission of the Public Service Commission.

* Note: date to be inserted later.

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