COUNCIL OF MINISTERS ν. HOUSE OF R'NTATIVES
(1986)3 CLR 1180 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Αναφορών (Noteup on) - Αφαίρεση Υπογραμμίσεων
(1986)3 CLR 1180 1986 May 15 [TRIANTAFYLLIDES, P., A. LOIZOU, MALACHTOS, DEMETRIADES, SAVVIDES, LORIS, STYLIANIDES, PIKIS, KOURRIS, JJ.] IN THE MATTER OF ARTICLE 139 OF THE CONSTITUTION. THE COUNCIL OF MINISTERS, Applicants, v. THE HOUSE OF REPRESENTATIVES, Respondents. (Recourse No. 974/85). Time within which to file a recourse under Article 139 of the Constitution-Constitution, Article 139.4. On the 18.11.85 the Council of Ministers filed this recourse under Article 139 of the Constitution. The question that arose for determination is when it arose, if it has at all arisen, in the present case any conflict or contest of power or competence between the House of Representatives and the Council of Ministers. Held, dismissing the recourse:
(1)If it could be said that any such conflict or contest has arisen, this should be taken to have happened on 28.6.85, when there was published the Cyprus Broadcasting Corporation (Amendment) Law 68/85, whereby section 19 of the Cyprus Broadcasting Corporation Law, Cap. 300 A was amended in order to provide that the Council of Ministers makes Regulations which the House of Representatives may amend or annul.
(2)It follows that this recourse has not been filed within the time-limit of the 30 days provided in Article 139.4 of the Constitution. Recourse dismissed. Recourse. Recourse by the Council of Ministers for a Decision of the Supreme Court that the decision/act of the House of Representatives which was taken/made on 31.10.1985 and was forwarded on 1.11.1985 for publication/promulgation by the President of the Republic, and by means of which the Cyprus Broadcasting Corporation (Equitable Treatment of Parties) Regulations of 1985, amending the Broadcasting Corporation (Equitable Treatment of Political Parties and Candidates) Regulations, 1985 were approved, is null ab initio and without any legal effect whatsoever. L. Loucaides, Deputy Attorney-General of the Republic with Fr. Parrisiadou (Mrs.), Senior Counsel of the Republic, for the Council of Ministers. M. Christophides, for the House of Representatives. Cur. adv. vult TRIANTAFYLLIDES P. read the following decision of the Court: On the 18th November 1985 the Council of Ministers filed in the Supreme Court, under Article 139 of the Constitution, the present Recourse for a Decision of the Supreme Court that "the decision/act of the House of Representatives which was taken/made on 31.10.1985 and was forwarded on 1.11.1985 for publication/promulgagation by the President of the Republic, and by means of which there were approved the Cyprus Broadcasting Corporation (Equitable Treatment of Parties) Regulations of 1985, amending the Broadcasting Corporation (Equitable Treatment of Political Parties and Candidates) Regulations of 1985, which were made by the Council of Ministers on 12.9.1985, is void ab initio and without any legal effect whatsoever". The case came up before the Supreme Court for directions on the 19th November 1985, and the Court heard, through their counsel, arguments on behalf of the Council of Ministers and of the House of Representatives on the 23rd January 1986. On the 9th April 1986 the Supreme Court heard, through their counsel, arguments on behalf of the Council of Ministers and of the House of Representatives regarding the questions as to when it arose, if it has at all arisen in the present case any conflict or contest of power or competence between the House of Representatives and the Council of Ministers. The Supreme Court considered the matter referred to it and the unanimous Decision of all its Members is the following: 1. If it could be said that in the present instance there has arisen any conflict or contest of power or competence between the House of Representatives and the Council of Ministers this should be taken to have happened on the 28th June 1985 when there was published in the Official Gazette of the Republic the Cyprus Broadcasting Corporation (Amendment) Law of 1985 (Law 68/85), by means of which there was amended section 19 of the Cyprus Broadcasting Corporation Law (Cap. 300 A) in order to provide that the Council of Ministers makes Regulations which the House of Representatives may amend or annul. 2. Thus the present recourse, which was filed on the 10th November 1985, and therefore was not filed within the time-limit of the thirty dap provided by paragraph
(4)of Article 139 of the Constitution, has to be dismissed as being out of flame and, consequently, it is not possible for the Supreme Court to pronounce on the sub judice matter. The present Decision is notified, in accordance with Article 139.6 of the Constitution to the Council of Ministers and to the House of Representatives, Recourse dismissed. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο