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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1987) 3 CLR 1367
1987 October 2
[TRIANTAFYLLIDES.P.A. LOIZOU, MALACHTOS, DEMETRIADES, SAVVIDES, LORIS. STYLIANIDES. KOURRIS.JJ.]
THE PRESIDENT OF THE REPUBLIC,
Applicant,
v.
THE HOUSE OF REPRESENTATIVES,
Respondent.
(Reference No. 1/87).
Constitutional Law - House of Representatives - Ambit of its powers - Whether a law providing that the budgets and supplementary budgets of Public Corporations should be introduced to the House for voting of the expenditure included in them is repugnant to or inconsistent with Articles 51, 54, 58, 61, 80, 81, 116, 122, 138, 167, 168 and 179 of the Constitution - Question answered in the negative.
Public Corporations - They are created by law, which may provide for the manner and nature of State control over them.
The question in this case is whether the Public Corporate Bodies (Voting of Budgets) Law, 1987, is repugnant to, or inconsistent with, the provisions of Articles 51, 54, 58, 61, 80, 81, 116, 122, 138, 167, 168 and 179 of the Constitution.
In accordance with the said Law the budgets and supplementary budgets of the Public Corporate Bodies should be introduced to the .House of Representatives for the voting of the expenditures included in them.
Held, (1) Public Corporate Bodies are created and function by virtue of legislation which defines, amongst others, the nature and manner of the control of the State over them.
The House of Representatives, in the exercise of its legislative power, under Article 61 of the Constitution, may exercise financial control on Public Corporate Bodies.
(2) Articles 51. 54, 58, 80, 81, 116, 122, 138, 167 and 168 of the Constitution do not exclude the exercise of the legislative power of the House of Representatives in respect of matters of budgets and supplementary budgets nor do they create exclusive competence of the Executive Power in relation to them.
Opinion accordingly.
Cases referred to:
President of the Republic v. House of Representatives (1985) 3 C. L. R. 2789.
Reference.
Reference by the President of the Republic for the opinion of the Supreme Court whether the provisions Of the Public Corporate Bodies (Voting of Budgets) Law, 1987 are repugnant to or inconsistent with the provisions of Articles 51,54,58,61,80,81, 116,122,138,167,168 and 179 of the Constitution.
L. Loucaides, Deputy Attorney-General of the Republic, for the President of the Republic.
M. Christophides, for the House of Representatives.
Cur. adv. vult.
TRIANTAFYLLIDES P. read the following opinion of the Court On 10 June 1987 the President of the Republic referred, under Article 140 of the Constitution, to the Supreme Court for its Opinion the question of whether the Public Corporate Bodies (Voting of Budgets) Law, 1987, is repugnant td, or inconsistent with, the provisions of Article 51, 54, 58, 61, 80, 81, 116, 122, 138, 167, 168 and 179 of the Constitution.
The said Law was enacted by the House of Representatives on 28 May 1987 (the text of the Law is attached hereto).
On 29 May 1987 the House of Representatives notified the said Law to the President of the Republic, who before promulgating the Law under Article 52 of the Constitution, filed the present Reference.
In accordance with the said Law the budgets and supplementary budgets of the Public Corporate Bodies will be introduced to the House of Representatives for the voting of the expenditures included in them.
The Supreme Court, on 29 July 1987, heard, through their counsel, arguments on behalf of the President of the Republic and 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. Public Corporate Bodies are created and function by virtue of legislation which defines, amongst others, the nature and manner of the control of the State over them.
2. The House of Representatives, in the exercise of its legislative power, under Article 61 of the constitution, may exercise financial control on Public Corporate Bodies.
3. As it is to be inevitably inferred from the reasoning of the unanimous Opinion of the Supreme Court in Reference 7/85, dated 7 November 1985, the House of Representatives in the exercise of its legislative power, under Article. 61 of the Constitution, may approve and amend budgets and supplementary budgets.
4. Consequently the said Law, which provides about financial control over Public Corporate Bodies by the House of Representatives in the exercise of its legislative power, by the voting of the expenditures included in the budgets and supplementary budgets of Public Corporate Bodies, is not repugnant to, or inconsistent with, Article 61 of the Constitution.
5. Also the said Law is not repugnant to, or, inconsistent with, Articles 51, 54, 58, 80, 81, 116, 122, 138, 167 and 168 of the Constitution because these Articles do not exclude the exercise of the legislative power of the House of Representatives in respect of matters of budgets and supplementary budgets nor do they create exclusive competence of the Executive Power in relation to them.
6. As it is not repugnant to, or, inconsistent with, Articles 51, 54, 58,61,80,81, 116, 122, 138, 167 and 168 of the Constitution the said Law is not unconstitutional as repugnant to, or, inconsistent with, Article 179 of the Constitution.
7. In concluding the Supreme Court observes that the desirability of the enactment of the Law in question is not subject to the control of the Supreme Court.
The present Opinion is notified in accordance with Article 140.2 of the Constitution, to the President of the Republic and the House of Representatives.
Opinion as above.
A LAW PROVIDINGFOR THE VOTING OF THE
ANNUAL BUDGETS OF PUBLIC CORPORATE
BODIES BY THE HOUSE OF REPRESENTATIVES.
The House of Representative votes as follows:
1. This Law shall be referred to as the Public Corporate Bodies (Voting of Budgets) Law 1987.
2. In this law, unless the context otherwise requires «Public Corporate Body» means any public corporate body or other organisation of public law established or to be established in the public interest by law and includes the Cyprus Telecommunications Authority, the Cyprus Broadcasting Corporation, the Electricity Authority of Cyprus, the Cyprus Tourism Organization.
3(1) Notwithstanding the provisions of any other law and where there is not included therein any special provision for the voting of the annual budget of expenditure of each public corporate body, the aforesaid budget in respect of each financial year as well as any other supplementary budget shall be introduced to the House of Representatives for voting of the expenses included therein.
(2) Each budget of the respective public corporate body and each supplementary budget are made and introduced to the House of Representatives for voting in the same manner and procedure mutatis mutandis applicable to the budget of the Republic or the supplementary budgets of the Republic.
4. This law shall be applicable in respect of the budgets of public corporate bodies relating to the financial year which follows the year when this law shall have been published.