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Draft Annex I: Constitution of Cyprus
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Part IV: <common state> Institutions Article 18 Eligibility and incompatibility and discharge of duties 1. Unless otherwise provided by this Constitution or law, a person shall be qualified to be elected or appointed to serve in the <common state> institutions if he or she is a citizen of Cyprus and has reached the age of 18. 2. Unless otherwise provided by this Constitution or law, no person may be a member of more than one branch of the <common state> government or the <common state> government and a <component state> government. 3. Persons elected to or appointed to serve in the <common state> institutions shall act in the best interests of the <common state>. Article 19 <common state> immunities and exemptions 1. Members of Parliament, the Presidential Council, the Supreme Court and the Board of the Central Bank of Cyprus, as well as the Independent Officers, shall enjoy immunity from arrest or judicial prosecution unless <common state> law provides otherwise. 2. <common state> property used for official purposes shall be exempt from the application of <component state> legislation, including taxation. Such property shall be under the direct and sole authority of the <common state>. The <component states> shall assist the <common state> police in assuring the safety of <common state> property located within their territorial boundaries. Section A: The Legislature Article 20 Composition and election of Parliament 1. The <common state> Parliament shall be composed of two Chambers: the Senate and the Chamber of Deputies. 2. Each Chamber shall have 48 members, elected for five years on the basis of proportional representation. The <component states> shall serve as electoral precincts unless special majority law provides otherwise, in which case each precinct may have no less than ten seats. 3. The Senate shall be composed of an equal number of senators from each <component state>. The people of each <component state> shall elect, on a proportional basis, 24 members of the Senate. 4. The Chamber of Deputies shall be composed of deputies from both <component states>, with seats attributed on the basis of the number of registered residents in each <component state>; provided that each <component state> shall be attributed a minimum of one quarter of the seats. A deputy may not at the same time be a member of either <component state> legislature. 5. The Maronite, Latin and Armenian minorities shall each be represented by no less than one deputy. Members of such minorities shall be entitled to vote for the election of such deputies irrespective of their place of residency in Cyprus. Such deputies shall be counted against the quota of the <component state> where the majority of the members of the respective minority reside. Article 21 Organisation 1. The law shall regulate the time and duration of the ordinary sessions of the <common state> Parliament. At any time, the Presidential Council or one quarter of sitting members of either Chamber may convene Parliament for an extraordinary session. 2. Each Chamber shall elect a President and two Vice-Presidents, one from each <component state>, for a period of one year. The Presidents of the two Chambers shall not come from the same <component state>. The Vice President who does not come from the same <component state> as the President of the relevant Chamber shall be the First Vice-President of that Chamber. 3. Each Chamber shall organise its own committees in accordance with the law. 4. Each Chamber shall require the presence of a majority of sitting members in order to take decisions. 5. The law shall regulate the obligation of members of Parliament to attend meetings and the consequences of failure to do so without authorization. Article 22 Powers 1. Parliament shall legislate and take decisions. 2. Parliament shall approve international treaties for ratification, except where it has delegated that power to the Presidential Council. 3. Parliament shall elect and oversee the functioning of the Presidential Council. 4. Parliament may by special majority impeach members of the Presidential Council and of organs of the independent institutions, and independent officers, for grave violations of their duties or serious crimes. 5. Parliament shall adopt the <common state> budget. Article 23 Procedure 1. Unless otherwise specified, decisions of Parliament need the approval of both Chambers with simple majority of members present and voting, including one quarter of senators present and voting from each <component state>. 2. A special majority comprising at least two fifths of sitting senators from each <component state>, in addition to a simple majority of deputies present and voting, shall be required for: a. Ratification of international agreements on matters which fall within the legislative competence of the <component states>;[13] b. Ratification of treaties and adoption of laws and regulations concerning the airspace, continental shelf and territorial waters of Cyprus; c. Adoption of laws and regulations concerning citizenship, immigration, and taxation; d. Approval of the <common state> budget; e. Election of the Presidential Council; and f. Other matters which specifically require special majority approval pursuant to other provisions of this Constitution. 3. The law shall provide for a conciliation mechanism between the Chambers of Parliament. Section B: The Executive Article 24 The Presidential Council 1. The Office of Head of State is vested in a six-member Presidential Council, which shall exercise the executive power. 2. The members of the Presidential Council shall be elected by Parliament for a fixed five-year term on a single list by special majority. 3. Members of the Presidential Council shall not hold any other public office or private position. 4. The members of the Presidential Council shall continue to exercise their functions after expiry of their term in office until a new Council has been elected. 5. In the event of a vacancy in the Council, a replacement shall be elected by Parliament by special majority for the remainder of the term of office. 6. The composition of the Presidential Council shall be proportional to the population of the two <component states> though at least two members must hail from each <component state>. 7. The Presidential Council shall strive to reach all decisions by consensus. Where it fails to reach consensus, it shall make decisions by simple majority of members voting unless otherwise stated in this Constitution. Such majority must in all cases comprise at least one member from each <component state>. 8. The members of the Presidential Council shall be equal. Any member of the Council shall be able to place an item on the agenda of the Council. 9. The Presidential Council may, where appropriate, invite the [executive heads][14] of the <component states> to participate without a vote in its meetings. Article 25 The President and the Vice-President of the Council 1. The President and Vice-President of the Council shall not hail from the same <component state>. 2. The offices of the President and Vice-President of the Council shall rotate every ten calendar months among members of the Council on the basis of time spent on the Council since last serving in either office and with no more than two consecutive Presidents to come from the same <component state>. Among members of the Council who have spent equal time on the Council without having served as President or Vice-President, a lot shall be drawn, unless the members concerned agree to an order of precedence. 3. The Vice-President of the Council shall assume the duties of the President in the absence or temporary incapacity of the President. 4. The President of the Council shall convene and chair the meetings of the Presidential Council. 5. Neither the President nor the Vice President of the Council shall have a casting vote. Article 26 The Departments 1. Each member of the Presidential Council shall head a department. 2. Departments shall be attributed by decision of the Council. Where the Council is unable to reach a decision, departments shall be attributed on the basis of time spent on the Council; among members who have spent equal time, a lot shall be drawn. 3. The heads of the Departments of Foreign Affairs and European Union Affairs shall not hail from the same <component state>. 4. The heads of department shall prepare and execute decisions of the Presidential Council. Article 27 Representation of the Presidential Council 1. The President of the Council shall represent the Presidential Council as Head of State. 2. In representing the Presidential Council as Head of State, the President shall attend official functions, sign and receive credentials of diplomatic envoys, and confer the honours of Cyprus. 3. The President of the Council shall represent Cyprus at meetings of heads of government, unless the Presidential Council, deciding with separate majorities of members from each <component state>, designates another member. 4. The heads of the relevant Departments/Secretariats/Ministries shall represent Cyprus at meetings of government ministers unless otherwise provided for by law or by agreement between the <common state> and the <component states>. 5. Where an international meeting is likely to address vital interests of a <component state>, and the Council representative to that meeting hails from the other <component state>, the Council shall, upon special request of a majority of Council members from the interested <component state>, appoint a member from that <component state> to accompany the Council representative, provided delegations to such meetings may comprise more than one person. 6. Any representative of Cyprus at international meetings shall be bound by decisions of the Presidential Council. Where the Council has appointed one of its members to accompany its representative in accordance with paragraph 5 of this Article, the representative of Cyprus shall exercise any discretion in concord with such member. Article 28 The administration of the <common state> 1. A Public Service Commission composed of men and women hailing in equal numbers from each <component state> shall have authority to appoint and promote <common state> public servants. It shall take its decisions in accordance with the law. 2. The composition of the public service shall, where not otherwise specified in this Constitution or special majority law, be proportional to the population of the <component states>, though at least one-third of the public servants at every level of the administration must hail from each <component state>. 3. A public servant of the <common state> may not simultaneously serve as a public servant of a <component state>. Article 29 The <common state> police The <common state> shall have a police composed of an equal number of personnel hailing from each <componentstate>. The <common state> police shall control Cyprus’ border and protect <common state> officials, buildings and property, as well as foreign dignitaries and diplomatic missions. Section C: Independent Officers and Institutions Article 30 Central Bank of Cyprus 1. The Central Bank of Cyprus shall be independent and operate in accordance with European Union requirements. 2. It shall issue currency, determine monetary policy and the prime lending rate, and regulate and supervise the banking sector. 3. The Central Bank shall be governed by a Board of three members, one of whom shall be the Governor. At least one member shall hail from each <component state>; the third member may be a non-Cypriot. 4. The Governor and the other two members of Board shall be appointed by the Presidential Council for a term of seven years. 5. The law may provide for the establishment of branches of the Central Bank in each <component state>, and for inclusion of branch directors in the Board of the Central Bank. 6. All decisions of the Board of the Central Bank shall be taken by simple majority. Article 31 Other independent officers 1. The Attorney-General and the Deputy Attorney-General and the Auditor-General and the Deputy Auditor-General shall be appointed by the Presidential Council for a non renewable term of office of nine years but no longer than until their 75th birthday. 2. The Attorney-General and the Auditor-General shall not hail from the same <component state> nor shall the Attorney-General and the Deputy Attorney-General or the Auditor General and the Deputy-Auditor General. Article 32 The office of the Attorney-General and the Deputy Attorney-General [insert article] Article 33 The office of the Auditor-General and the Deputy Auditor-General [insert article] Section D: The Judiciary Article 34 The Supreme Court of Cyprus 1. The Supreme Court of Cyprus shall count an equal number of judges from each <component state> among its members. The Presidential Council shall appoint the judges, for a renewable term of office of seven years, in accordance with criteria and procedures stipulated in a special majority law which shall also fix the number of judges. 2. The Supreme Court shall have exclusive jurisdiction over disputes between the <component states> and between one or both <component states> and the <common state>. 3. The Supreme Court shall have exclusive jurisdiction to determine the validity of any <common state> or <component state> law under this Constitution or any question that may arise from the precedence of Constitutional laws. Upon request of <component state> courts or other <common state> or <component state> authorities it may do so in the form of a binding opinion. 4. The Supreme Court shall be the appeals court in all other disputes on matters which involve the interpretation of the Foundation Agreement, this Constitution, <common state> laws (including administrative decisions of the <common state>), or treaties binding upon Cyprus.[15] 5. The Supreme Court shall have primary criminal jurisdiction over offences against <common state> law where provided by <common state> legislation. 6. If a deadlock arises in one of the institutions of the <common state> preventing the taking of a decision without which the <common state> or its institutions could not properly function, or the absence of which would result in a substantial default on the obligations of Cyprus as a member of the European Union, the Supreme Court may, upon application of a member of the Presidential Council, the President or Vice-President of either Chamber of Parliament, or the Attorney-General or the Deputy Attorney-General, take an ad interim decision on the matter, to remain in force until such time as a decision on the matter is taken by the institution in question. In so acting, the Supreme Court shall exercise appropriate restraint. 7. The Supreme Court shall decide on the organization of its work. If it chooses to divide itself into Chambers for the treatment of certain cases, such Chambers shall always include an equal number of judges from each <component state>. 8. The Supreme Court shall strive to reach its decisions by consensus and issue joint judgments of the Court. However, all decisions of the Supreme Court may be taken by simple majority. |
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