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Country: Cyprus - Subject: Constitutional law

  1. Cyprus - Constitutional law - Law, Act

    Law N° 93(I) of 2016 on the 10th Amendment of the Constitution. - Text in Greek

    Adoption: 2016-09-16 | Date of entry into force: 2016-09-16 | CYP-2016-L-104724

    In view of the fact (i) that the Republic of Cyprus, within which the rule of Law protects the human rights and especially the right to life and to physical integrity, opposes, as a matter of principle, to the sentence of the capital punishment, (ii) that the capital punishment has been entirely abolished within the legislation of the Republic of Cyprus and has not been implemented in practice since 1962, although article 7 para 2 of the Constitution provides for the possibility of inflicting the capital punishment by law in cases of premeditated homicide, high treason, piracy under international law and offences punished by death penalty under the military penal law, (iii) that the Republic of Cyprus is a member state to the Charter of Fundamental Rights of the European Union and that has ratified the European Convention for the Protection of the Human Rights and the Fundamental Freedoms, the 6th and 13th Protocols thereof, the International Covenant on Civil and Political Rights and the 2nd Protocol thereof, which all provide for the abolishment of the capital punishment, (iv) that it is considered necessary to adjust article 7 of the Constitution to the steadfast position of the Republic of Cyprus on the protection of human life and to subsequently amend articles 11, 47, 48, 49, 83, 106 and para 4 of article 53 of the Constitution, which are not included in the fundamental articles of the Constitution that cannot in any way be amended or repealed, the present Law introduces the 10th Amendment of the Constitution regarding the abolition of the capital punishment.
    More specifically, article 2 repeals para 2 of article 7 of the Constitution; article 3 and 4 amend the phrasing of para 3 of article 11 and para (i) of article 47 of the Constitution; article 5 repeals para (m) of article 48 of the Constitution; article 6 repeals para (m) of article 49 of the Constitution and articles 7, 8 and 9 amend the phrasing of para 4 of article 53, para 2 of article 83 and para 2 of article 106 of the Constitution, respectively.

  2. Cyprus - Constitutional law - Law, Act

    Law N° 69(I) of 2016 on the 9th Amendment of the Constitution. - Text in Greek

    Adoption: 2016-04-28 | Date of entry into force: 2016-04-28 | CYP-2016-L-104704

    For reasons related (i) to the protection of private and family life of every person under article 15 of the Constitution, (ii) to the prohibition of every intervention against the exercise of such right unless it is pursuant to the law and necessary for reasons set out in the article in question, (iii) to the fact that, following the Jurisprudence of the Supreme Court, the tangible assets of every person are part of their private life and no person is allowed to impose their disclosure or audit, unless authorized by law and for purposes set out in the Constitution, (iv) to the necessity of allowing the intervention to the exercise of the right protected under article 15 for safeguarding the transparency in public life or for adopting measures against corruption in public life, (v) to the fact that the safeguarding of transparency in public life and the adoption of measures against corruption in public life constitute a necessary measure for the prevention of criminal offences, as stipulated by para 2 of article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by the Law N° 39 of 1962, the Law introduces an amendment to the article 15 of the Constitution by supplementing para 2 with the addition, after the phrase “to every person”, of the following phrase: “or to the interest of transparency in public life or for purposes of ad measures against corruption in public life”.

  3. Cyprus - Constitutional law - Law, Act

    Law N° 130(I) of 2015 introducing the 8th Amendment to the Constitution. - Text in Greek

    Adoption: 2015-07-21 | Date of entry into force: 2015-07-21 | CYP-2015-L-102352

    For the purposes of harmonizing the national legal order with paragraphs 1, 2 and 3 of article 46 of the European Parliament and Council Directive 2013/32/EU of 26 June 2013 on common procedures for granting and withdrawing international protection, and with paragraph 1 of article 26 of the European Parliament and Council Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection, as well as in view of the necessity for more efficient implementation of paragraph 1 of article 27 of the European Parliament and Council Regulation (EU) N° 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, the present Law introduces the 8th Amendment to the Constitution of the Republic of Cyprus, regarding the institution of an Administrative Court for the benefit of the regular and orderly operation of the High Court and of the rapid course of justice.

    Article 2 amends article 146 of the Constitution, by amending the wording of paragraphs 1, 4, 5 and 6; by adding, after paragraph 1, new paragraph 1A, worded as follows: "In compliance with the provisions of the present article, a law shall define the institution, jurisdiction and competence of an Administrative Court"; by adding new sub-paragraph (d) under paragraph 4, worded as follows: "to amend entirely or partially the decision or act, as the law for an Administrative Court shall define, provided that the aforementioned [decision or act] is related to a tax issue or is a decision concerning the procedure of international protection, pursuant to the law of the European Union"; by adding, after paragraph 5, new paragraph 5A, worded as follows: "In compliance with the provisions of the present article, a court issuing a decision, according to what paragraph 5 provides for, has, as a law shall define, jurisdiction to examine and decide upon whether there has been an active compliance with its decision, and to impose sanctions against a non-compliant".

    Article 3 introduces transitional provisions.

  4. Cyprus - Constitutional law - Law, Act

    Law N° 68(I) of 2013 on the 7th Amendment of the Constitution. - Text in Greek

    Adoption: 2013-07-17 | CYP-2013-L-100202

    For the purposes of compliance with the EU law, it amends article 11 of the Constitution regarding the arrest or detention of persons without entry permit into the Republic of Cyprus, of aliens against whom deportation or extradition has been ordered and of citizens of the Republic of Cyprus in view of extradition under a European warrant of arrest.

  5. Cyprus - Constitutional law - Constitution

    Second amendment of the Constitution Law of 1996 (No. 106(I) of 1996).

    Adoption: 1996 | CYP-1996-C-50028

    Lowers the voting age from 21 to 18 years of age in the Constitution.

  6. Cyprus - Constitutional law - Constitution

    Constitution of 6 April 1960. - Text in English

    Adoption: 1960-04-06 | CYP-1960-C-47927

    Under Article 1, it is provided that Cyprus is an independent sovereign Republic with a presidential system of government. Executive power is vested in the President of the Republic, elected by universal suffrage to a five-year term of office. The President exercises executive power through a Council of Ministers appointed by him. Part II of the Constitution sets out broad range of human rights. These cover both individual and social rights, including inter alia the right to life, prohibition of torture or inhuman or degrading treatment or punishment, prohibition of slavery or forced labour and the right to education. Other rights include the right to a decent existence and social security, the right to work, the right to enter into any contract, the right to form and join trade unions and the right to strike.


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