IPU PARLINE database: CYPRUS (Vouli Antiprosopon), Oversight

Parliament name (generic / translated)

Vouli Antiprosopon / House of Representatives

Structure of parliament

Unicameral

Type of political regime

presidential

Notes

Cyprus has been divided into the Greek-Cypriot controlled southern two thirds of the island and the Turkish-Cypriot northern one third since 1974. The Government of Cyprus has continued as the internationally recognized authority, but in practice, its power extends only to the Greek-Cypriot areas. The post of Vice-President which is reserved for a Turkish Cypriot is currently vacant. The parliament comprises 80 seats, 56 assigned to Greek Cypriots and 24 to Turkish Cypriots, but only those assigned to Greek Cypriots are filled.

Head of the executive

President of the Republic

Notes

The President is both the Head of State and Head of government. The President represents the Republic in all its official functions (Article 37 of the Constitution). The Vice-President is the deputy Head of State and takes precedence over all persons after the President.

Method for appointing the executive

The elections of the President and the Vice-President are direct, by universal suffrage and secret ballot, and take place on the same day but are separate (Article 39 of the Constitution). The President and the Vice-President are invested by the parliament. For this purpose the parliament meets on the date the five-year period of office of the outgoing President and the outgoing Vice-President expires. The Constitution does not provide for a Prime Minister. Ministers are appointed by the President and Vice-President (Article 46 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The term of office for the Head of State is five years and does not coincide with the term of the legislature, which also lasts five years.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

According to Article 70 of the Constitution, the office of Member of Parliament is incompatible with that of a minister. Members of the government selected from among parliamentarians relinquish their positions in the parliament immediately.

Dissolution of Parliament

Yes

Circumstances

The parliament may dissolve itself (Article 67 of the Constitution).

Modalities

It may dissolve itself only by a decision carried by an absolute majority, including at least one third of the members elected by the Turkish Community. Over the past 10 years, the parliament has been dissolved only prior to parliamentary elections after completing its term of office.

Accountability of Government to Parliament

No

The government is not accountable to the parliament, though parliamentary oversight is exercised over government policies.

Modalities of oversight

Oral and written questions of parliamentarians

Government accountability to the parliament is brought into play by putting questions to ministers.

Government reports to Parliament

Annual reports are submitted by individual ministries and government departments as well as by quasi-governmental bodies, for the information of the parliament.

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Not applicable

Modalites

Not applicable

Consequences

Not applicable

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President or Vice-President may be prosecuted for high treason and for an offence involving dishonesty or moral turpitude, but no action may be brought against them in respect of any act or omission committed by them in the exercise of any of their official functions (Article 45 of the Constitution).

Modalites and procedure

In the case of high treason, they may be prosecuted on a charge preferred by the Attorney General and the Deputy Attorney General before the High Court upon a resolution of the parliament carried by a secret ballot and a majority of three fourths of the total number of members. The President or Vice-President may be prosecuted for an offence involving dishonesty or moral turpitude upon a charge preferred by the Attorney General and the Deputy Attorney General before the High Court with the leave of the President of the High Court.

Consequences

Upon being prosecuted, the President or Vice-President is suspended from the performance of any of their official functions. They are tried by the High Court; and on their conviction, their office becomes vacant and on their acquittal they resume their official functions.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

One of the principal functions of the parliament is the exercise of parliamentary oversight over government policy. In this context, the government is expected to respond to specific actions undertaken by the parliament.

Means and modalities of oversight

Hearings in Committees

Standing committees may, in exercising parliamentary oversight, consider on their own motion any matter within their jurisdiction. In this respect, they may examine issues pertaining to government policy and summon to a hearing individual members of the government or the civil service.

Committees of inquiry and missions to Government departments

The parliament may set up special or ad hoc committees to deal with particular issues relating to aspects of government policy. Also, in the conduct of their work, standing committees may visit specific places, including government departments. When such visits take place, a committee may not decide or take a position on the matter that is the object of the visit, until an ordinary meeting of the committee is held at the parliament building.

Oral and written questions of parliamentarians

A member intending to submit a question to the government or to any particular minister submits the question in writing through the office of the President. The purpose of a question submitted is to obtain information on an occurrence, news item or event, or on the truthfulness of such occurrence, news item or event, or on the intention or measures under consideration by the government on a particular matter of general interest, or on the enquiries made into the reasons or purpose of some government action or omission. Questions submitted must be brief and not contain any offensive expressions.

Answers are read out by the Clerk at the next sitting following the day on which the answer is received. Copies of such answers together with the questions submitted are distributed to all members prior to the commencement of the sitting. If within 30 days of the day on which a question was forwarded to the appropriate authorities no answer has been received, or, if after reading an answer received, the member who submitted the question does not consider the reply to be satisfactory, then the member may at that same meeting or at any of the next three following meetings ask that the matter be registered for debate.

A member wishing that any particular question or matter of general interest be debated at any sitting of the parliament makes his request upon the announcement by the Speaker of the agenda of the next sitting and moves that such question or matter be registered for debate. A member may ask that any question or matter of exceptional interest and unforeseen circumstances be debated immediately or at any sitting of the parliament regardless of whether it has been entered or not in the agenda.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

The Auditor General and the Governor of the central bank are required to submit their annual and semi-annual reports respectively to the parliament. However, these reports are not voted on. Quasi-governmental bodies submit annual reports for the information of the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman - called the Commissioner for Administration - is appointed by the President on the recommendation of the Council of Ministers and after approval by the parliament.

Relationship to Parliament

The basic function of the Ombudsman is to review, after the submission of a complaint, an action of the administration either because it has violated one of the fundamental rights and liberties of the individual, or because the action complained of is contrary to law or the principles of proper administration. The parliament has established a standing committee, which inter alia examines the reports of the Ombudsman and, accordingly, may adopt remedial legislative measures.

Consultation of Parliament in the preparation of the national budget

No

The parliament is not consulted in the preparation of the national budget before this is put before it.

Modalities of oversight

Examination of the budget / finance act by Parliament

Parliamentary oversight is exercised during the examination of the budget. The parliament may approve or refuse any expenditure contained in the budget but may not vote an increased amount or an alteration in its destination.

Reports on the budget / finance act by Committees

The committee on financial and budgetary affairs examines the budget and supplementary budgets and reports back to the parliament. As in the case of the budget, the parliament may not vote an increased amount or an alteration in the destination of a supplementary budget. The committee is also entrusted with the task of reporting to the parliament on bills relating to government revenue, which may be approved or rejected, as well as with ensuring that the expenditures included in the budget are indeed used for the purpose for which they are approved.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds. The defence budget is examined in parallel by the standing committee on defence.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The parliament is not consulted in the preparation of national development plans. It does, however, exercise oversight on the implementation of these plans through its competent committees, depending on the specific issues under examination.

Parliament's deadline for the examination and adoption of the budget / finance act

The budget is put before the parliament at least three months before the day fixed by law for the commencement of the financial year and is voted by it not later than the day so fixed (Article 81 of the Constitution).

Consequences of failure by Parliament to adopt the budget / finance act

If the budget has not been adopted by the parliament by the first day of the financial year to which it relates, the parliament may, by a resolution, authorise the meeting of any expenditure required for a period not exceeding one month at any one time but in any event not exceeding two months in the aggregate, as they may consider essential for the continuance of the public services shown in the budget until the expiration of such period, provided that the expenditure so authorised for any service does not exceed the proportion for the same period for the service in question in the budget for the preceding financial year.

Budgetary autonomy of Parliament

No

The issue is under consideration.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Within three months from the end of the financial year the final accounts must be submitted to the parliament for approval (Article 81, paragraph 2 of the Constitution).

Parliamentary oversight of public companies

Yes

This task is carried out by the standing committee on development plans and public expenditure control and to a lesser extent by the standing committee on financial and budgetary affairs.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The audit office of the Republic is an independent office. Its Head, the Auditor General, is appointed by the President (Article 115 of the Constitution).

Reports of the public auditor's office

The Auditor General submits annually a report on the performance of his functions and duties to the President and the Vice-President who cause it to be put before the parliament. The committee on development plans and public expenditure control examines this report and submits to the parliament a report containing its observations and recommendations.

Specialised committee

Oversight over the implementation of the budget and all government spending is carried out primarily by the committee on development plans and public expenditure control, and also through the annual reports of the Auditor General.

Foreign Relations Committee (sub-report)

Functions of the Committee

The standing committee on foreign affairs is the body that examines ratification bills before they are adopted as laws.

Powers of the Committee

The committee may also debate any issue pertaining to foreign policy and report to the parliament. The standing committee on European affairs is entrusted with the task of ensuring harmonisation of Cyprus' legislation with the acquis of the European Union. On occasion, the Minister of Foreign Affairs is invited to committee meetings to present the government's views on specific foreign policy issues.

Composition of the Committee

The composition of both committees reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The Speaker of the parliament and parliamentary delegations exchange visits with other parliaments during which foreign policy issues are discussed. Similar exchanges are undertaken by the standing committees on foreign affairs and European affairs. The parliament also actively participates in conferences held by various inter-parliamentary organisations.

Plenary debates on foreign policy issues

Foreign policy issues that are considered to be very important may be debated in plenary session. On some occasions a resolution is adopted at the end of the debate. Five such resolutions were adopted during the term of office of the previous parliament (1996-2001).

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament is not expected to participate in intergovernmental meetings. On some occasions, when intergovernmental conferences are held, the parliament may appoint a member to participate in the country's delegation, particularly when parliamentary meetings are held in the context of the conference.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

Every international agreement with a foreign State or any international organisation relating to commercial matters, economic cooperation (including payments and credit) and modus vivendi is concluded under a decision of the Council of ministers (Article 169 of the Constitution). Any other treaty, convention or international agreement is negotiated and signed under a decision of the Council of ministers and is only operative and binding on the Republic when approved by a law made by the parliament, whereupon it is concluded.

Other mechanisms for participation in foreign policy by Parliament

In the context of parliamentary diplomacy, delegations from the parliament may discuss with foreign parliamentary delegations issues that broadly relate to and are consistent with the conduct of foreign policy.

National Defence Committee (sub-report)

Functions of the Committee

The standing committee on defence affairs examines issues falling within the jurisdiction of the Ministry of Defence.

Powers of the Committee

The committee exercises parliamentary oversight over government policy on issues of defence policy and the overall functioning of the National Guard. It studies bills, private bills and regulations pertaining to the defence of Cyprus and the organisation and functioning of the National Guard.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

There are no public or semi-public arms manufacturing companies.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Although there are no constitutional provisions regarding oversight over national defence policy in such cases, there are no impediments to the parliament or its standing committee on defence affairs requesting information on the conduct of defence policy.

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

Not applicable

Circumstances

In case of war or other public danger threatening the Republic or any part thereof, the Council of Ministers has the power to declare a state of emergency (Article 183 of the Constitution). The President and Vice-President have, separately or jointly, a right of veto against any such decision, which they may exercise within 48 hours of the date the decision is conveyed to their respective offices. Any such proclamation specifies the articles of the Constitution that are suspended for the duration of the emergency. The President and Vice-President promulgate the proclamation forthwith by publication in the official gazette.

A proclamation promulgated is laid forthwith before the parliament. If the latter is not sitting it must be convened as soon as possible for this purpose. The parliament has the right to reject or confirm such a proclamation of emergency. If a proclamation is rejected it becomes null and void. If it is confirmed by the parliament, the President and Vice-President promulgate forthwith the parliament's decision by publication in the official gazette. The proclamation of emergency ceases to operate two months after the date it was confirmed by the parliament unless the Council of Ministers decides to request an extension, whereupon the President and Vice-President, separately or jointly, have a right of veto against such a request.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

While a proclamation is in operation, the Council of Ministers, if satisfied that immediate action is required may, subject to the right of veto by the President and Vice-President separately or jointly, make any ordinance strictly connected with the state of emergency having the force of law. If no right of veto is exercised, the President and Vice-President promulgate such ordinances by publication in the official gazette.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The supreme Constitutional Court is composed of a Greek, a Turk and a neutral Judge, with the neutral Judge being the President of the Court (Article 133 of the Constitution). Judges are appointed jointly by the President and the Vice-President. The neutral Judge may not be a subject or a citizen of the Republic of Greece or of the Republic of Turkey or of the United Kingdom. The President and the other Judges of the supreme Constitutional Court are appointed from amongst lawyers of high professional and moral standards. The President of the Court is appointed for a period of six years, while the Greek and the Turkish Judges are permanent members of the judicial service of the Republic and hold office until they attain the age of sixty-eight.

Means and procedures

The President and the Vice-President acting jointly may, at any time prior to the promulgation of any law or decision of the parliament, ask the supreme Constitutional Court for its opinion on whether such law or decision or any specified provision thereof is repugnant to or inconsistent with any provision of the Constitution, otherwise than on the ground that such law or decision or any provision thereof discriminates against either of the two Communities (Article 140 of the Constitution). The Court considers every question referred to it and, having heard arguments on behalf of the President and Vice-President and on behalf of the parliament, gives its opinion. In case the Court finds that a law or decision or any provision thereof is repugnant to or inconsistent with any provision of the Constitution, such law or decision or such provision thereof are not be promulgated.

A party to any judicial proceedings may raise the question of unconstitutionality of any law or decision or any provision thereof (Article 144 of the Constitution). The supreme Constitutional Court, after hearing the parties, considers and determines the question so reserved and transmits its decision to the court that referred the matter. Any decision of the supreme Constitutional Court is binding on the court that referred the matter and on the parties to the proceedings and, if the finding is that the law or decision or any provision thereof is unconstitutional, it shall operate as to make such law or decision inapplicable to those proceedings only.

Evaluation of laws

No

Evaluation of legislation is up to each competent parliamentary committee.

Measures

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