PRES. OF REPUBLIC ν. HOUSE OF R'TIVES (1987) 3 CLR 1362 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Ανα
Article 61of the Constitution, may exercise financial control on Public Corporate Bodies.
*Note:This is an English translation of the judgment appearing at pp. 1362-1366 ante.
(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,
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 to, 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
Article 52of 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,
Article 61of 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,
Article 61of the Constitution, may approve and amend budgets and supplementary budgets.
- 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.
- 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.
- 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.
- 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. *
(1985)3 C.L.R. 2789 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 PROVIDING FOR THE VOTING OF THE ANNUAL BUDGETS OF PUBLIC CORPORATE BODIES BY THE HOUSE OF REPRESENTATIVES. The House of Representative votes as follows: Short Title
- This Law shall be referred to as the Public Corporate Bodies (Voting of Budgets) Law
- Interpretation
- 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. Voting of annual budgets of the public corporate bodies, by the House of Representatives. 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 supplemmentary budgets of the Republic. Commencement or operation of this Law 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. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο