Cyprus Constitution, Law and Citizen Rights (Σύνταγμα, Δίκαιο και Δικαιώματα του Πολίτη)
What is tested
The constitutional settlement of the Republic of Cyprus and the rights a police or fire officer must both respect and protect in daily work.
The 1960 settlement
- The Constitution entered into force on 16 August 1960, based on the Zurich and London Agreements, with Greece, Turkey and the United Kingdom as guarantor powers under the Treaty of Guarantee, plus a Treaty of Alliance.
- Bi-communal design: a Greek Cypriot President and a Turkish Cypriot Vice-President with veto rights in specified fields; a Council of Ministers of 7 Greek Cypriots and 3 Turkish Cypriots; a House of Representatives of 80 seats (56:24) elected separately by the two communities.
- After the Turkish Cypriot withdrawal from the organs of state in 1963–64 those 24 seats remain vacant. Under the Administration of Justice (Miscellaneous Provisions) Law 1964, the Supreme Court absorbed the competences of the Supreme Constitutional Court and the High Court.
- The Republic of Cyprus remains the only internationally recognised state on the island; the 1983 declaration of the so-called 'TRNC' is recognised by no state other than Turkey.
Rights and remedies
- Part II of the Constitution (Articles 7–35) protects life, liberty and security, fair trial, privacy, property, religion, expression, assembly and equality (Article 28).
- The ECHR has bound Cyprus since 1962; EU law and the EU Charter of Fundamental Rights apply since 2004 and take primacy over conflicting national law.
- Article 146 provides recourse to the Administrative Court against an administrative act within 75 days.
- The Commissioner for Administration (Ombudsman) investigates maladministration and recommends remedies; the recommendations are not binding.
Worked example
'A citizen's licence application is ignored for eight months. What is the route?' Reasoning: prolonged silence in a matter where the administration is obliged to act is an implicit refusal (παράλειψη οφειλόμενης ενέργειας) and is thus an administrative act. The citizen may complain to the Ombudsman - free, informal, non-binding - and/or file a recourse under Article 146. The decisive point is the 75-day deadline, which runs from the refusal or the deemed refusal, not the choice of forum.
Traps that cost marks
- Treating the Ombudsman as a court that can annul an act.
- Missing the 75-day Article 146 deadline and assuming the court will extend it.
- Confusing an administrative recourse with a civil action or a criminal complaint.
- Forgetting that expression, assembly and religion are subject to lawful restrictions for public safety and the rights of others.