|
|||||||
|
Draft Annex I: Constitution of Cyprus
|
|||||||
|
Part VI: Transitional provisions Article 36 <component state> institutions 1. No later than 40 days after entry into force of the Foundation Agreement, the <component states> shall elect the members of their legislatures and other popularly elected officials in accordance with the <component state> Constitution and legislation approved in referenda. 2. The newly elected members of the <component state> institutions shall assume office within ten days of their election. Article 37 Transitional <common state> Parliament 1. Each newly elected <component states> legislature shall, without delay designate from among its membership 24 delegates to the <common state> Parliament. To this effect, each group in a <component state> legislature shall designate as many delegates as corresponds to its proportional strength in the legislature. 2. The transitional parliament shall exercise the constitutional functions and prerogatives of the <common state> Parliament during the first year after entry into force of the Foundation Agreement in accordance with the procedural provisions in this Constitution regarding the Senate. 3. No later than ten calendar months after entry into force of the Foundation Agreement, the senators and deputies shall be elected in accordance with this Constitution. The newly elected Parliament shall assume its functions one year after entry into force of the Foundation Agreement. Article 38 Transitional <common state> Head of State 1. For a transitional period of three years, the office of the Head of State shall be vested in the Co-Presidency. 2. Upon entry into force of the Foundation Agreement, the leaders who have signed the Comprehensive Settlement on behalf of the Greek Cypriots and the Turkish Cypriots shall become Co-Presidents of Cyprus. In case of resignation or permanent incapacity of either leader, the Assembly of the relevant <component state> shall elect a replacement. 3. The Co-Presidents shall alternate every calendar month in representing the Co-Presidency as Head of State. Article 39 Transitional <common state> government 1. The Co-Presidents shall exercise the executive power during the first year of the transitional period in accordance with the relevant provisions for the Presidential Council. They shall act and decide by consensus. 2. The Co-Presidents shall name six Cypriot citizens to head the departments of the <common state> government during the first year of the transitional period. The heads of departments shall be confirmed by Parliament through simple majority. They shall exercise the functions of the executive, which the Co-Presidents shall delegate to them, in accordance with the procedures provided for in this Constitution for the Presidential Council. 3. One year after entry into force of the Foundation Agreement, the newly elected Parliament shall elect a Council of Ministers composed of six members. The provisions of this Constitution for the Presidential Council shall apply mutatis mutandis to the election, functioning and powers (other than those vested in the Head of State) of the Council of Ministers. 4. During a second phase of the transitional period, the Council of Ministers shall act as the Government of the <common state> of Cyprus while the functions of Head of State shall continue to be vested in the Co-Presidency. 5. Three years after entry into force of the Foundation Agreement, the Council of Ministers shall become the Presidential Council in accordance with the provisions of this Constitution, assuming also the function of Head of State, for a remaining three years, during which time the rotation period for the offices of President and Vice-President shall be six months. Article 40 Participation of [executive heads] of <component states> in meetings of Presidential Council During the first ten years after entry into force of the Foundation Agreement, the [executive heads][16] of the <component states> shall be invited to participate without a vote in meetings of the Council of Ministers and, later, the Presidential Council. Article 41 Entry into force of accession treaty to the European Union The referenda approving, together with the Foundation Agreement, the conditions of accession of Cyprus to the European Union, shall authorise and oblige the Co-Presidents to sign and ratify the Treaty providing for the accession of Cyprus to the European Union. Article 42 Appointment and initial term of office of Supreme Court Judges Within a week of entry into force of the Foundation Agreement, a transitional Supreme Court of Cyprus shall be constituted in accordance with the law. The Court shall exercise the powers provided for the Supreme Court in the Constitution until the regularly appointed Supreme Court takes office one year after entry into force of the Foundation Agreement. Article 43 Public Service The Law shall specify implementation procedures and timeframes, not exceeding [insert figure] years from the entry into force of the Foundation Agreement, for the full implementation of the provisions of this Constitution relating to the composition of the public service for the different branches of that service. Article 44 Responsibility for debts incurred prior to the entry into force of the Foundation Agreement The <common state> shall assume responsibility for debts incurred prior to the entry into force of the Foundation Agreement other than debts to Greece or Turkey or debts from purchase of armaments, which shall be assumed by the relevant <component state>. Special majority law may provide for reimbursement of the <common state> by the <component states>. Article 45 Teaching of official languages The mandatory teaching of the official languages of the <common state> to all secondary school students prescribed in Article 7(4) shall commence no later than three years after entry into force of the Foundation Agreement. Article 46 State-owned property Public property of the <common state> is listed in an attachment to this Constitution. Other public property is the property of the <component state> in which it is located. |
|||||||
|
Cyprus © 2002 - 2008 Intercyprus.com |
|||||||
|
|
|||||||