1. Introduction
A. History And Background
An independent and sovereign Republic of Cyprus (Cyprus) came
into being in 1960, following several decades as a British colony.
Early and persistent tension between the Greek Cypriot majority and
Turkish Cypriot minority culminated in violence, leading to
deployment of UN troops in 1963 and the establishment of enclaves
of Turkish Cypriots. In 1974, a coup attempt, sponsored by the
Greek government, led to Turkish military action. Turkey’s
intervention gave rise to occupation and control of a third of the
island in the north. A prolonged stalemate between the two sides
continues, though the UN has repeatedly tried to bring about
rapprochement.
Cyprus, comprising the entire island, entered the European Union
(EU) on 1 May 2004.
Cyprus is the third-largest island in the Mediterranean, and is
located in the Levant, about 40 miles south of Turkey’s southern
coast. The population is estimated to be just fewer than 800,000
and the area is approximately 900,000 square kilometres. Security
is complemented by British sovereign bases on the island, which
constitute 99 square miles of British territory.
Tourism and financial services dominate Cyprus’s economy. The
government is promoting Cyprus as an international financial centre
through the negotiation of bilateral tax agreements and membership
of the EU.
The currency is the euro (EUR).
B. Legal System
Cyprus has a written constitution incorporating separation of
powers as well as fundamental and embedded articles that neither
the President nor the unicameral legislature, nor any other Cypriot
office, may change. One such embedded article deals with
fundamental rights and liberties (and obligations), which are
afforded to all persons, not just Cypriots.
The constitution is the highest legal authority and no other law
may contradict it. The level below the constitution comprises
international agreements, conventions and treaties, including the
EU’s Treaty of Accession and numerous double tax treaties. These
override national statute law if there is conflict.
Statutory law is a combination of the legislature’s laws and
British colonial regulations. In addition, statute law directs the
courts to follow English civil and criminal jurisprudence in place
just before independence, including the rules of equity, where
appropriate.
Cyprus has an independent judiciary comprising a supreme court
and several kinds of subordinate courts.
Owing to the withdrawal of the Turkish Cypriots from the
political process, and the Turkish occupation of the northern part
of the island, there are some exceptional constitutional cases
where the doctrine of necessity has been applied.