Obsah (4)
Article 140Article 61Article 51Article 523 C.L.R. 7 Νοεμβρίου 1985 ΑΝΑΦΟΡΙΚΑ ΜΕ ΤΟ ΑΡΘΡΟ 140 ΤΟΥ ΣΥΝΤΑΓΜΑΤΟΣ ΕΝΩΠΙΟΝ: ΤΡΙΑΝΤΑΦΥΛΛΙΔΗ. Πρ., ΜΑΛΑΧΤΟΥ, ΣΑΒΒΙΔΗ. ΛΩΡΗ, ΣΤΥΛΙΑΝΙΔΗ, ΠΙΚΗ. ΚΟΥΡΡΗ, Δ/των. ΜΕΤΑΞΥ: ΠΡΟΕΔΡΟΥ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ. Αιτητή, κα
Article 140
of the Constitution, to the Supreme Court for its Opinion the question of whether the Budget (Amendment) Law, 1985*. is repugnant to, or inconsistent with, the provisions of Articles 46, 54, 58, 61. 80, 81, 166, 167, 168 and 179 of the Constitution. Held, The House of Representatives in the exercise of its legislative power
Article 61of the Constitution may amend the Budget Law and the Supplementary Budget Laws.
Consequently the sub judice law is not inconsistent with Articles 46, 54, 58, 61, 80, 81, 166, 167. 168 and 179 of the Constitution. Opinion accordingly. * The text (translation) pp. 2798-2800 post. of the sub judice 2795 law is published at . President of Republic v. Houseof R'tatives
(1986)Cases referred to: President of the Republic v. House of Representatives
(1985)3 C.L.R.
- Reference. Reference by the President of the Republic for the opinion of the Supreme Court whether the provisions of the Budget (Amendment) Law, 1985 are repugnant to or inconsistent with the provisions of Articles 46, 54, 58, 61, 80,
- 166, 167, 168 and 179 of the Constitution. 5 L. Loucaides, Deputy Attorney-General of the RepuHbc with N. Charalambous, Senior Counsel of the Republic, for the President of the Republic. 10 Ph. derides with M. Papapetrou and Chr. Clerides, for the House of Representatives. Cur. adv. vult. 15 TRIANTAFYLLXDES 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 Budget (Amendment) Law, 1985, is repugnant to, or in- 20 consistent with, the provisions of Articles 46, 54, 58, 61, 80, 81, 166, 167, 168 and 179 of the Constitution. The said Law was enacted by the House of Representatives on the 20th June 1985. The President of the Republic, on the 5th July 1985, 25 returned it to the House of Representatives for reconsideration,
Article 51of the Constitution.
On the 11th July 1985 the House of Representatives decided to persist in the enactment of the Law (the text of the Law is attached hereto). On the 12th July 1985 the House of Representatives notified its decision to the President of the Republic, who, before promulgating the Law
Article 52of the Constitution, filed the present Reference, 2796 30 3 C.L.R.
President of Republic v. House of R'tatlves TriantafyllidesΡ The Supreme Court, on the 16th, 17th and 18th Septem ber 1985, heard, through their counsel, arguments on be half of the President of the Republic and of the House of Representatives, in accordance with Article 140.2 of the 5 Constitution. The Supreme Court considered the matter referred to it and its unanimous Opinion is the following:
(1)The House of Representatives votes the Budget Law
Articles 61 and 81.1 of the Constitution and votes 10 Supplementary Budget Laws
Articles 61 and 167.6 of the Constitution.
(2)As it is to be inevitably inferred from the reasoning of the unanimous Opinion of the Supreme Court in Refe rence No. 1/84, dated 2nd July 1985,* the House of Repre15 sentatives in the exercise of its legislative power,
Arti cle 61 of the Constitution, may amend the Budget Law and the Supplementary Budget Laws, and this has been done repeatedly in the past.
(3)Consequently the sub judice Law which amends Heads 74A, 75A, 41A and 70A of the Budget Law, 1985, with out prejudice to anything done or omitted to be done
the sa;d Budget Law, is not repugnant to, or inconsistent with, Article 61 of the Constitution, and also, it is not re pugnant to, or inconsistent with, Articles 46, 54, 58, 80, 25 81, 166, 167 and 168 of the Constitution, because such Articles do not create exclusive competence of the execu tive power precluding the exercise of legislative power in relation to budgetary matters. 20
(4)As the sub judice Law is not repugnant to, or incon30 sistent with. Articles 61, 46, 54, 58, 80, 81, 166, 167 and 168 of the Constitution it is not unconstitutional as being repugnant to, or inconsistent with, Article 179 of the Con stitution. The present Opinion is notified, in accordance with Ar35 tide 140.2 of the Constitution, to the President of the Re public and to the House of Representatives. Opinion as above. *
(1985)3 CL.R. 1724. 2797 PresidentofRepublic v. Houseof R'tativea
(1986)A LAW AMENDING THE BUDGET LAW, 1985 The House of Representatives enacts as follows:short title ι of 1985 ihTFirir1 t^priadi»! L*w. (χ) T n j s Law may be cited as the Budget 5 (Amendment) Law, 1985 and shall be read to gether with the Budget Law 1985 (hereinafter referred to as the "Principal Law") and the Principal Law and this Law shall be referred to as the Budget Laws of 1985. 10 rf 2 (D- H e a d 7 4 A o f t n e F i r s t Schedule of the Principal Law is hereby amended as follows:a. Section 100/102 "Emoluments of Per sonnel—Basic Salaries" is hereby re pealed. 15 b. Section 105 "Employment of Casual Employees" is hereby repealed. c. Sections 106 and 108 "Additional As sistant Posts" and "thirteenth Salary— Casual Employees" respectively are 20 hereby deemed to be transfered to and incorporated with the respective sec tions 106 and 108 of Head 60A of the First Schedule of the Principal Law. d. Section 107 "Thirteenth Salary—Minister and Public Servants" is hereby re pealed. e. Section 121 "Cost of Living allowances" so far at it refers to the Minister to the Presidency is hereby repealed, and the 30 part of the section which remains in force is deemed to be transferred to and incorporated with the respective section 121 of Head 60A of the First Schedule of the Principal Law. 35 2798 25 President of Republic v. Houseof Rtetives Section 123 "Entertainment Allowance of Ministers" is hereby repealed. Sections 124 and 199 "Allowances of Supplementary Appointments" and "Increase of Salaries" respectively is hereby repealed. Sections 200 to 221 are hereby deemed to be transferred and incorporated with the corresponding Sections of Head 54A of the First Schedule of Principal Law, or if there are no corresponding sections, they are deemed to be incorporated to the hereinabove mentioned Head with the corresponding arrangement referred to in these sections. Section 243 "Maintenance and functioning of Motor Vehicles" is deemed to be transferred to and incorporated with the corresponding Section of Head 54A of the First Schedule of the Principal Law. Sections 423 and 424 "Grant to the Cyprus Sports Organization" and "Grant to the Cyprus Theatrical Organization", respectively, are hereby deemed to be transferred to Head 70A of the First Schedule of the Principal Law. Section 428 "Grants to the Cyprus Broadcasting Corporation" is hereby deemed to be transferred to the Head 41A of the First Schedule of the Principal Law. Section 739 "Purchase of armament" is hereby repealed. Section 01.273 "Pancyprian Committee of Parentsand Relatives of Non-Declared Prisoners of War and Missing Persons" 2799 PresidentofRepublic v. HouseofR'tatlves
(1985)is hereby deemed to be transferred to Head 67A of the First Schedule of the Principal Law.
(2)Head 75A of the First Schedule of the Principal Law is hereby deemed to be transferred wholly
the new Head 49A
the Ministry of Interior. 5
(3)Head 41A of the First Schedule of the Principal Law is hereby amended by the abolition of the post of "Assistant Minister"
10 section 100/102 and by the repeal of any other provision relating to the aforesaid post.
(4)Head 70A of the First Schedule of the Principal Law, is hereby amended by the abolition of the post of "Assistant Minister"
15 section 100/102.
(5)The transfers incorporations and classifications provided in this section shall not prevent the disposal of the amounts specified for services and purposes for which they were 20 enacted by the principal Law.
(6)The Minister of Finance is empowered to make the necessary adjustments and consolidations in consequence of the amendments of the Principal Law made by this Law. 25 3. This Law shall come into force on the 1st day of July 1985, without prejudice to anything done or omitted to be done in accordance with the Principal Law. 2800