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clr/1985/1985_3_2779.pdf

Obsah (4)Article 61Article 140Article 51Article 58

7 Νοεμβρίου 1985 ΑΝΑΦΟΡΙΚΑ ΜΕ ΤΟ ΑΡΘΡΟ 140 ΤΟΥ ΣΥΝΤΑΓΜΑΤΟΣ ΕΝΩΠΙΟΝ: ΤΡΙΑΝΤΑΦΥΛΛΙΔΗ, Πρ., ΜΑΛΑΧΤΟΥ, ΣΑΒΒΙΔΗ, ΛΟΡΗ. ΣΤΥΛΙΑΝΙΔΗ, ΠΙΚΗ, ΚΟΥΡΡΗ, Δ/των. ΜΕΤΑΞΥ: ΠΡΟΕΔΡΟΥ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ, Αιτητή, και ΒΟΥΛΗΣ

Article 61of the Constitution.

On the 25th July 1985 the President of the Republic referred,

Article 140

of the Constitution, to the Supreme Court for its Opinion the question of whether the Repeal of Certain Laws of the Republic Law, 1985*, is repugnant to, or inconsistent with, the provisions of Articles 46, 47, 48, 54, 58, 61 and 179 of the Constitution. 5 10 Held, The defining of the competences of the Ministers and of the Ministries pertains to the exercise of legislative power by the House of Representatives

Article 6115 of the Constitution.

The provisions of Articles 46, 47, 48, 54 and 58 do not create exclusive competence of the executive power precluding the exercise of legislative power in relation to defining of the said competences. It follows * The text (translation) of the sub judice law is published at pp. 2787-2788 post. 2784 3 CUR. President ofRepublic v. HouseofR'tatlves that the sub judice law is not inconsistent with Articles 46,

  4. 61 and 179 of the Constitution. Opinionas above. Reference. ϊ 10 Reference by the President of the Republic for the opinion of the Supreme Court whether the provisions of the Repeal of Certain Laws of the Republic Law, 1985 is re­ pugnant to or inconsistent with the provisions of Articles "46, 47, 48, 54, 58, 61 and 179 of the Constitution. L. Loucaides, Deputy Attorney-General of the Republic with N. Charalambous, Senior Counsel of the Republic, for the President of the Republic. Ph. Clerides with M. Papapetrou and Chr. Clerides. for the House of Representatives. Cur. adv. vult. 15 20 TRIANTAFYIXIDES P. read the following opinion of the Court: On the 25th July 1985 the President of the Republic referred,

Article 140

of the Constitution, to the Supreme Court for its Opinion the question of whether the Repeal of Certain Laws of the Republic Law, 1985, is repugnant to, or inconsistent with, the provisions of Arti­ cles 46, 47, 48, 54, 58, 61 and 179 of the Constitution. The said Law was enacted by the House of Representa­ tives on the 20th June 1985. 25 The President of the Republic, on the 5th July 1985, returned it to the House of Representatives for reconsidera­ tion,

Article 51of the Constitution.

On the 11th July 1985 the House of Representatives de­ cided to persist in the enactment of the Law (the text of the Law is attached hereto). 30 On the 12th July 1985 the House of Representatives notified its decision to the President of the Republic, who, before promulgating the Law pursuant to Article 52 of the Constitution, filed the present Reference. The Supreme Court, on the 16th 2785 and 17th September Triantafyllides P. Presidentof Republic v. House of R'tatives

(1985)1985, heard, through their counsel, arguments on behalf of the President of the Republic and of 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: 5
(1)Each Minister exercises executive power

Article 58in accordance always with the in force at the time relevant legislation.

(2)The defining of the competences of the Ministers and 10 of the Ministries pertains to the exercise of legislative power by the House of Representatives

Article 61of the Constitution.

(3)Consequently the sub judice Law which redistributes competences of Ministers and Ministries is not repugnant to, or inconsistent with, Article 61 of the Constitution and, also, it is not repugnant to, or inconsistent, with Articles 46, 47, 48, 54 and 58 of the Constitution because such Articles do not create exclusive competence of the executive power precluding the exercise of legislative power in relation to defining the competences of the Ministers or of the Ministries.
(4)As the sub judice Law is not repugnant to, or inconsistent with, Articles 61, 46, 47, 48, 54 and 58 of the Constitution it is not unconstitutional as being repugnant to, or inconsistent with, Article 179 of the Constitution. The present Opinion is notified, in accordance with Article 140.2 of the Constitution, to the President of the Republic and to the House of Representatives. 15 20 25 30 Opinion as above. 2756 3 C.L.R. President ofRepublic v. HouseofR'tatives A LAW TO PROVIDE FOR THE REPEAL OF CERTAIN LAWS OF THE REPUBLIC The House of Representatives enacts as follows:- 10 15 20 25
  1. This Law may be cited as The Certain Laws of the Republic (Repeal) Law
  2. 5hor! litle
  3. In this Law, unless the context otherwise requires:- Interpretation "Relative regulations" means the National οίΐβι»"1™1 Guard (Grants Allowances) to Dependants su^mim no. 3 Part I of Victims of theStruggle and PersonsIn
  4. 12.1978 capacited Therein) Regulations 1978 to 22.12.19SO 22 10.19*2
  5. 16.3.1934 "Relative Laws" means The Persons who Sustained Losses (Aid Fund) Laws, 1968 to 1972, in relation to the Aid Fund of persons who sustained losses, the Dependants of Per­ sons whowere killed in, andof Victims of the Struggle and Persons Incapacitated Therein (Pensions andExtra-Ordinary Allowances Fund) Laws, 1962 to 1984,in relation to thePensions Fund and the Extraordinary Allowances, the Cyprus Theatrical Organization Laws, 1970 to 1979, in relation to the Cyprus Theatrical Organization, the Cyprus Sports Organization Laws, 1969 to 1980, in relation to the Cyprus Sports Organization and the Cyprus Broad­ casting Corporation Laws, in relation to the Cyprus Broadcasting Corporation. Laws •>· . of 1968 35 of I96S 94 ΟΪ 1970 102 of 1972 Greek C o m m u n a l Laws 4 of 1 [<J62 17 of 1962 t of 1964 ind Laws S - of •1966 IS of 1967 59 of 1969 13 of 1971 11 Of 1972 !6 of 1973 70 71 49 23 71 36 68 41 22 2 31 79 of 1978 of 1980 of 1982 of 1984 of 1970 of 1972 of 1979 of 196» of 1972 of 1973 of 1977 of 1980 C h a p t e r 300A 46 21 20 27 69 26 39 61 32 2787 of 1959 of 1960 of I960 of 1961 of 1961 of 1962 of 1963 of 1972 of
  6. President ofRepublic v. Houseof R'tatives
(1986)"Certain Laws of the Republic" means: 21 of 1979 a 27 of «τ» 0 i4 of 1983 L^'Of^thT"" Republic. jjjg Cyprus Broadcasting Corporation (Amendment) Law,
  1. xne Cyprus Sports Organization and the Cyprus Theatrical Organization (Powers of Minister) Law 1979, and 5 y n e p e r s o n s who Sustained Losses (Aid Fund Law (Powers of Minister) Law,
  2. c 3 - F r o m ^ d a t e w n e n tnis L a w sna11 c o m e m t 0 operation: a. b. The Certain Laws of the Republic are hereby repealed without prejudice to any­ thing done or omitted to be done

the aforesaid Laws and The powers prescribed in the relative Laws and regulations are hereby vested in the Ministers and Ministries referred to in the said relative Laws and regulations. 2788 1 0 15

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