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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1985) 3 CLR 2784
1985 November 7
[TRIANTAFYLLIDES, P., MALACHTOS, SAVVIDES, LORIS,
STYLIANIDES, PIKIS, KOURRIS, JJ.]
THE PRESIDENT OF THE REPUBLIC,
Applicant,
v.
THE HOUSE OF REPRESENTATIVES,
Respondent.
(Reference No. 6/85).
Constitutional Law-Constitution, Articles 46, 47, 48, 54, 58, 61 and 179-House of Representatives-Ambit of its powers-The defining of the competences of the Ministers and of the Ministries pertains to the exercise of legislative powers under Article 61 of the Constitution.
On the 25th July 1985 the President of the Republic referred, under Article 140 of the Constitution, to the-Supreme Court for, its Opinion the question of whether the Repeal of Certain Laws of the Republic Law, 1985, is repugnant to, or inconsistent with, the provisions of Articles 46, 47, 48, 54, 58, 61 and 179 of the Constitution.
Held, The defining of the competences of the Ministers and of the Ministries pertains to the exercise of legislative power by the House of Representatives under Article 61 of the Constitution. The provisions of Articles 46, 47, 48, 54 and 58 do not create exclusive competence of the executive power precluding the exercise of legislative power in relation to defining of the said competences. It follows that the sub judice law is not inconsistent with Articles 46, 47. 48. 54. 58. 61 and 179 of the Constitution.
Opinion as above.
Reference.
Reference by the President of the Republic for the opinion of the Supreme Court whether-the provisions of the Repeal of Certain Laws of the Republic Law, 1985 is repugnant to or inconsistent with the provisions of Articles. 46, 47, 48, 54, 58, 61 and 179 of the Constitution.
L. Loucaides, Deputy Attorney-General of the Republic with N. Charalambous, Senior Counsel of the Republic, for the President of the Republic.
Ph. Clerides with M. Papapetrou and Chr. Clerides, for the House of Representatives.
Cur. adv. vult.
TRIANTAFYLLIDES P., read the following opinion of the Court: On the 25th July 1985 the President of the Republic referred, under Article 140 of the Constitution, to the Supreme Court for its Opinion the question of whether the Repeal of Certain Laws of the Republic Law, 1985, is repugnant to, or inconsistent with the provisions of Articles 46, 47, 48, 54, 58, 61 and 179 of the Constitution.
The said Law was enacted by the House of Representatives on the 20th June 1985.
The President of the Republic, on the 5th July 1985, returned it to the House of Representatives for reconsideration, under Article 51 of the Constitution.
On the 11th July 1985 the House of Representatives decided to persist in the enactment of the Law (the text of the Law is attached hereto).
On the 12th July 1985 the House of Representatives notified its decision to the President of the Republic, who, before promulgating the Law pursuant to Article 52 of the Constitution, filed the present Reference.
The Supreme Court, on the 16th and 17th September 1985, heard, through their counsel, arguments on behalf of the President of the Republic and of the House of Representatives, in accordance with Article 140.2 of the Constitution.
The Supreme Court considered the matter referred to it and its unanimous Opinion is the following:
(1) Each Minister exercises executive power under Article 58 in accordance always with the in force at the time relevant legislation.
(2) The defining of the competences of the Ministers and of the Ministries pertains to the exercise of legislative power by the House of Representatives under Article 61 of the Constitution.
(3) Consequently the sub judice Law which redistributes competences of Ministers and Ministries is not repugnant to, or inconsistent, with, Article 61 of the Constitution and, also, it is not repugnant to, or inconsistent, with Articles 46, 47, 48, 54 and 58 of the Constitution because such Articles do not create exclusive competence of the executive-power precluding the exercise of legislative power in relation to defining the competences of the Ministers or of the Ministries.
(4) As the sub judice Law is not repugnant to, or inconsistent with, Articles-61, 46, 47, 48, 54 and 58 of the Constitution it is not unconstitutional as being repugnant to, or inconsistent with, Article 179 of the Constitution.
The present Opinion is notified, in accordance, with Article 140.2 of the Constitution, to the President of the Republic and to the House of Representatives.
Opinion as above.
A LAW TO PROVIDE FOR THE REPEAL OF CERTAIN LAWS OF THE REPUBLIC
The House of Representatives enacts as follows:-
1. This Law may be cited as The Certain Laws of the Republic (Repeal) Law 1985.
2. In this Law, unless the context otherwise requires:-
"Relative regulations" means the National Guard (Grants Allowances) to Dependants of Victims of the Struggle and Persons Incapacities Therein) Regulations 1978 to 1984.
"Relative Laws" means The Persons who Sustained Losses (Aid Fund) Laws, 1968 to 1972, in relation to the Aid Fund of persons who sustained losses, the Dependants of Persons who were killed in, and of Victims of the Struggle and Persons Incapacitated Therein (Pensions and Extra-Ordinary Allowances Fund) Laws, 1962 to 1984, in relation to the Pensions Fund and the Extraordinary Allowances, the Cyprus Theatrical Organization Laws, 1970 to 1979, in relation to the Cyprus Theatrical Organization, the Cyprus Sports Organization Laws, 1969 to 1980, in relation to the Cyprus Sports Organization and the Cyprus Broad-casting Corporation Laws, in relation to the Cyprus Broadcasting Corporation.
"Certain Laws of the Republic" mans:
a. The Cyprus Broadcasting Corporation (Amendment) Law, 1979.
b. The Cyprus Sports Organization and the Cyprus Theatrical Organization (Powers of Minister) Law 1979, and
c. The Persons who Sustained Losses (Aid Fund Law (Powers of Minister) Law, 1983.
3. From the date when this Law shall come into operation:
a. The, Certain Laws of the Republic are hereby repealed without prejudice to any thing done or omitted to be done, under the aforesaid Laws and
b. The powers prescribed in the relative Laws and regulations are hereby vested in the Ministers and Ministries referred to in the said relative Laws and regulations.