THE FIFTH AMENDMENT OF THE CONSTITUTION LAW OF (English translation) ΓΕΝ (Α) L.94 ISBN NICOSIA

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1 REPUBLIC OF CYPRUS 127(I) of 2006 THE FIFTH AMENDMENT OF THE CONSTITUTION LAW OF 2006 (English translation) Office of the Law Commissioner Nicosia, January, 2010 ΓΕΝ (Α) L.94 ISBN NICOSIA PRINTED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS Price:

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7 No. 127(I) of 2006 THE FIFTH AMENDMENT OF THE CONSTITUTION LAW OF 2006 Official Journal of the EU: L. 236, , p.17. WHEREAS, pursuant to the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (Treaty of Accession), signed in Athens on 16 April 2003 and ratified by the Treaty of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (Ratification) Law, 2003, the Republic acceded to the European Union on 1 May 2004, 35(III) of Official Journal of the EU: L.236, , p.33. AND WHEREAS the Republic, pursuant to Article 2 of the Act annexed to the Treaty of Accession concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, is bound and obliged to apply the provisions of the Treaties establishing the European Communities and the Treaty on European Union as well as the acts of the institutions of the European Communities and the European Union, AND WHEREAS the Republic, as a member state of the European Union, must be in a position to exercise every option and discretionary power conferred upon it by the law of the European Communities and of the European Union, 1

8 AND WHEREAS there are provisions of the Constitution which are incompatible with the capacity of the Republic to comply with the aforementioned commitments and obligations and place obstacles in the ability of the Republic to exercise its options and discretionary power conferred upon it as a member state of the European Union, AND WHEREAS, by the addition of a new article and the amendment of Articles 140, 169 and 179 of the Constitution, which are not included in the list of the basic articles, the aforesaid incompatibility and obstacles may be removed, AND WHEREAS due to the development in the field of international judicial cooperation in criminal matters, the Republic has undertaken a conventional obligation to extradite or surrender its own nationals who have committed criminal offences in a foreign country, AND WHEREAS, as a result of the continuing Turkish occupation and the special circumstances prevailing in Cyprus, the Turkish Cypriots do not participate in the election and functioning of the House of Representatives, AND WHEREAS the law of necessity justifies the retention of the power of the House of Representatives, to amend non basic provisions of the Constitution, AND WHEREAS the addition of a new article and the amendment of the aforementioned provisions of the Constitution are absolutely necessary for achieving the goal of creating the legal conditions, which will allow the Republic to function smoothly as a member state of the European Union, exercising all rights and complying with all obligations of such member state, Therefore, the House of Representatives enacts as follows: Short title. 1. This Law may be cited as the Fifth Amendment of the Constitution Law of Addition of a new Article 1A to the Constitution. 2. The Constitution is hereby amended by the addition, immediately after Article 1 thereof, of the following new Article 1A: Article 1A. No provision of the Constitution shall be deemed to annul laws enacted, acts done or measures taken by the Republic which become necessary by reason of its obligations as a member state of the European Union, nor does it prevent Regulations, Directives or other acts or binding measures of a legislative character, adopted by the European Union or the European Communities or by their institutions or competent bodies thereof on the basis of the Treaties establishing the European Communities or the Treaty on European Union, from having legal effect in the Republic.. 2

9 Amendment of Article 11 of the Constitution. 3. Subparagraph (f) of paragraph 2 of Article 11 of the Constitution is hereby substituted with the following new subparagraph: (f) the arrest or detention of a person to prevent him effecting an unauthorized entry into the territory of the Republic or of an alien against whom action is being taken with a view to deportation or extradition or of a national of the Republic with a view to extraditing or surrendering him, subject to the following provisions: (i) The arrest or detention of a national of the Republic for the purpose of surrendering him under a European arrest warrant is possible solely in relation to events that occurred or acts done subsequent to the date of accession of the Republic to the European Union. (ii) The arrest or detention of a national of the Republic for the purpose of extraditing or surrendering him pursuant to an international agreement binding the Republic is possible solely in relation to events that occurred or acts done subsequent to the publication of the Fifth Amendment of the Constitution Law of (iii) The arrest or detention of any person for the purpose of extraditing or surrendering him pursuant to an international agreement is not possible if the competent body or authority under the law, has substantial grounds for believing that a request for extradition or surrender has been made for the purpose of prosecuting or punishing a person on grounds of his race, religion, ethnic or ethnotic origin, political opinion, or of any legal claims of collective or individual rights in accordance with international law.. Amendment of Article 140 of the Constitution. 4. Article 140 is hereby amended as follows: (a) By the addition in paragraph 1 thereof, immediately after the sentence otherwise than on the ground that such law or decision or any provision thereof discriminates against either of the two Communities (sixth and seventh lines), of the sentence or is repugnant to or inconsistent with the law of the European Communities or of the European Union. ; and (b) by the insertion in paragraph 3 thereof, immediately after the sentence is repugnant to or inconsistent with any provision of this Constitution (second and third lines),of the sentence or the law of 3

10 the European Communities or of the European Union,. Amendment of Article 169 of the Constitution. 5. Article 169 of the Constitution is hereby amended by the addition, immediately after paragraph 3 thereof, of the following new paragraph 4: 4. The Republic may exercise every option and discretionary power provided for by the Treaties establishing the European Communities and the Treaty on European Union and any treaties amending or substituting them, concluded by the Republic.. Amendment of Article 179 of the Constitution. 6. Article 179 of the Constitution is hereby amended as follows: (a) By deletion in paragraph 1 thereof of the word This and the substitution therefore of the sentence Subject to the provisions of Article 1A, this ; and (b) by addition in paragraph 2 thereof, immediately after the words this Constitution (sixth line), of the sentence or any obligation imposed on the Republic as a result of its participation as a member state of the European Union.. 4