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Cyprus Major Political Institutions in the "TRNC"
The institutional framework for the "TRNC" was set out
in
the 1985 constitution, drafted by the Constitutional
Commission and
approved by the Constituent Assembly in March 1985 and by
a
national referendum in May 1985. The constitution was
approved by
70.2 percent of the votes cast; opposition to it centered
on its
retention of capital punishment and certain other
provisions deemed
too politically restrictive.
Although based on the 1975 document that established
the
"Turkish Federated State of Cyprus," the new constitution
provided
for an unfettered independent republic. It made no
reference to a
federal republic, but Turkish Cypriot authorities
consistently
pointed to a March 1985 Constituent Assembly vote
declaring that
the new constitution will not hinder establishment of a
federal
republic.
The constitution establishes a secular republic based
on
principles of democracy, social justice, and the supremacy
of law.
The balance of powers among the governmental branches is
flexible,
not fixed; the president and the Legislative Assembly both
participate in the Council of Judicature, which names,
promotes,
and oversees the judicial branch. The president and the
legislature
also share the power to declare war and commit armed
forces
overseas.
The president, elected for five years, is required to
be of
Cypriot parentage and have resided in Cyprus for five
years. He is
the head of state and commander in chief, although the
security
forces are the responsibility of the prime minister. The
president
could preside over meetings of the cabinet, the Council of
Ministers, but did not have a vote. He also named the
prime
minister from those elected to parliament, and appointed,
in
consultation with the prime minister, other ministers, who
need not
be elected members. The number of ministries was limited
by the
constitution to ten. In the event of a vacancy in the
office of the
president, the president of the Legislative Assembly would
become
acting president.
The Legislative Assembly is a unicameral body of fifty
members
elected for five-year terms. It enacts laws, exercises
control over
the Council of Ministers, approves the budget, has
authority to
give general and special amnesty, decides whether to carry
out
death penalties imposed by the courts, and ratifies
international
agreements. Upon an absolute majority vote, the
Legislative
Assembly could dissolve itself and call for new elections.
Under
certain circumstances, the president could also dissolve
the body.
The judicial system established by the 1985
constitution
rough by corresponds in several features to the provisions
of the
1960 constitution of the Republic of Cyprus. The Supreme
Court
consists of a president and seven judges, and has
jurisdiction to
sit as the Supreme Constitutional Court, the Court of
Appeal, and
the High Administrative Court. As the Constitutional Court
it is
composed of five justices, and as a Court of Appeal,
three. The
"TRNC," drawing on the 1960 constitution and on the
Turkish and
United States systems, provides for challenges to the
constitutionality of legislation. The Supreme Court, in
its role as
High Administrative Court, fulfills the same functions as
described
in article 146 of the 1960 constitution. The Supreme
Council of
Judicature, consisting of the Supreme Court, the attorney
general,
and several other officials, is the exclusive authority
for
appointments, promotions, disciplinary control, and all
other
matters relating to the judges of the courts.
There are three categories of lower courts. Assize
courts, in
the capitals of the three districts of the "TRNC," sit
three times
a year to try persons convicted of indictable offenses.
These
courts have unlimited jurisdiction in criminal matters.
District
courts, also located in the district capitals, have
jurisdiction in
civil and criminal matters. Family courts, each composed
of a
single judge, hear and determine actions relating to
personal
status and religious matters.
For administrative purposes the "TRNC" is divided into
three
districts, Nicosia (Lefkosa), Famagusta (Gazimagusa), and
Kyrenia
(Girne), each headed by a district officer
(kaymakam), the
representative of the central government and subordinate
to the
minister of the interior. There are twenty-six
municipalities,
consisting of towns and large villages, each governed by a
municipal council and its head, the mayor. Council members
and the
mayor won their posts in municipal elections, usually held
every
four years. Candidates in these elections could run as
independents
or be affiliated with a party. Villages, of which there
were about
150, were each governed by a village commission consisting
of a
mayor (muhtar) and assistants (aza; pl.,
azalar), also elected for four-year terms.
Municipalities
usually dealt with the relevant ministry when approaching
the
national government. Villages usually contacted the
district
kaymakam when they wished the services of the
central
government.
Data as of January 1991
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