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Page 01

State

The Constitution

The Executive

The President

Council of Ministers

All Ministries

The Legislature

Assembly

Political Parties

Political Parties’ Representation in Assembly

The Judicial System

The Attorney-General's Office

District Administration

Local Authorities

The Constitution

The Constitution of the TRNC was prepared by the Constituent Assembly set up after the declaration of independence on 15 November 1983 and approved by the Turkish Cypriot electorate on 5 May 1985 with a majority of 70.16 percent. The TRNC Constitution is similar to the 1975 Constitution of the Turkish Federated State of Cyprus but it has a number of new provisions regulating the needs of the new Republic. It has 164 articles and 13 transitional articles.

The Constitution envisages a parliamentary democracy. Sovereignty is vested in the people comprising the citizens of the Turkish Republic of Northern Cyprus and is exercised by authorized organs in the name of the people. No organ or authority can exercise any State authority which does not emanate from the Constitution. Article 7 provides for the supremacy of the Constitution.

The Constitution contains elaborate provisions guaranteeing basic rights and liberties. Examples of these rights are: the right to equality, the right to life and corporal integrity, the right to liberty and security of a person, the right of access to the court and the right to a fair and public hearing within a reasonable time by independent and impartial courts, and rights of convicted persons. Other articles contain a number of economic and social rights. Torture is prohibited. The right to privacy of life, inviolability of the dwelling house, confidentiality of correspondence, the right to free movement and residence, freedom of science and art, freedom of the press, and freedoms of assembly and association are also secured by provisions which reflect the democratic characteristics of the State.

In comparison with the 1975 Constitution, the 1985 Constitution contains more detailed provisions to protect fundamental human rights and freedoms. For instance, capital punishment for premediated murder, provided for under the Criminal Code, is abolished by transitional Article 13. Article 15 declared that capital punishment can be imposed only by law in cases of treason during wartime, acts of terrorism and piracy jure gentium, and for repeated murders. Even in these instances no execution of capital punishment can be carried out unless the Legislative Assembly decides so under the provisions of Article 78.

New economic and social rights have also been formulated, such as the right to protection from hunger, protection of the unemployed and needy, protection of the consumer, and the development of sports. There are elaborate provisions as to citizenship which also preserve acquired rights.

Restrictions and limitations which may be imposed by law on the exercise of these rights and liberties are set out specifically in each article. Such restrictions can, generally speaking, be imposed by law for purposes of national security, protection of the rights of others, and for the maintenance of democratic institutions.

The Executive

The President of the Republic is the Head of State. He is responsible for securing respect of the Constitution, for carrying out public affairs in an impartial, uninterrupted and orderly manner and for the continuation of the State.

The President may preside over meeting of the Council of Ministers but he does not have the right to vote.

The President is not responsible for acts committed in the execution of his official functions, but the Prime Minister and Ministers are accountable for their deeds.

The President appoints the Prime Minister from amongst deputies, he also appoints Ministers on the proposal of the Prime Minister. He can terminate the appointment of any Minister on the request of the Prime Minister.

He also has the power either to promulgate by publication in the Official Gazette, or to return, laws enacted by the Assembly. He may ask the Supreme Court, sitting as the Constitutional Court, for its opinion as to whether any law or decision of the Assembly is repugnant to, or inconsistent with, the Constitution.

The Constitution provides that when a state of emergency or martial law is declared, the Council of Ministers, presided over by the President of the Republic, may issue decrees having the force of the law on matters made imperative by the state of emergency or martial law.

The Constitution also provides for the establishment of a Republican Security Council. This body will be presided over by the President of the Republic and have as its members the President of the Assembly the Prime Minister, the Ministers of Defence, Interior and Foreign Affairs, commanders of the armed forces and police. The Council shall submit to the Council of Ministers its views concerning decisions with regard to the formulation, establishment, and implementation of the security policy of the State, and its views on co-ordination. The matters submitted by the Security Council for consideration by the Council of Ministers shall take precedence over other agenda items.

The President

The President is elected for a period of five years. He has to be of Cypriot parentage. There is also a five-year residence qualification. He has to be over thirty years of age. He must also be a graduate of an institution of higher education.

In case of vacancy in the office of President, or in case of his temporary absence, the Speaker of the Republican Assembly deputizes for him.

Rauf R. Denktaş became the first President of the TRNC on 15 November 1983. He was later re-elected in June 1985, April 1990 and April 1995 and April 2000. In February 2005 Mehmet Ali Talat elected as a second president of the TRNC.

Council of Ministers

The constitution provides that the Council of Ministers shall be composed of a Prime Minister and ministers. The Prime Minister is appointed by the President from amongst deputies. Ministers may be appointed from among persons who are not deputies. Ministers are appointed by the President upon the recommendation of the Prime Minister.

Ministries are established by decree, in accordance with the principles laid down by the Constitution, upon the recommendation of the Prime Minister and approval of the President. The number of ministries cannot exceed ten.

The Prime Minister must secure co-ordination between the ministers, formulate the general policy of the Council of Ministers, and seek observance of the relevant laws. The Prime Minister presides over the meetings of the Council of Ministers. The President may also preside over meetings of the Council, but he cannot vote at such meetings.

Currently since 25 September 2006 TRNC is governed by a coalition government between Republican Turkish Party United Forces headed by Prime Minister Ferdi Sabit Soyer and Freedom and Reform Party headed by Deputy Prime Minister and Minister of Foreign Affairs Turgay Avcı.

All Ministeries are in Lefkoşa:

The Legislature

The Constitution states that the sovereignty rests with the people comprising the citizens of the Turkish Republic of Northern Cyprus, without condition or reservation. The Assembly of the Republic is the place where the people, through their elected representatives, exercise this sovereignty and is the symbol of the independence and freedom of the Turkish Cypriot People.

Assembly

The legislative powers of the State are exercised by the Legislative Assembly composed of fifty deputies elected for a period of five years.

The Assembly has the power to enact laws, to exercise control over the Council of Ministers and the Ministers, to debate and approve bills in connection with the budget, to give general and special amnesty, and to decide whether death penalties imposed by the courts should be carried out. It also has the power to ratify international agreements.

The Assembly may, but only by absolute majority of the total number of its members, decide on its dissolution and the holding of general elections. In case of governmental crisis, the President is empowered to dissolve the Assembly and hold new elections if and when it becomes impossible to appoint a Council of Ministers, having the support of the Assembly, within a period of sixty days. If within a period of one year the council of Ministers cannot obtain a vote of confidence or is defeated three times by a motion of no-confidence the President may dissolve the Assembly and decide to hold elections. The President may, after certain consultations, submit to a referendum issue of dissolving the Assembly.

Declaration of war and authorization to send armed forces to foreign countries, or to allow foreign armed forces to be stationed in the Turkish Republic of Northern Cyprus, are rights vested in the Assembly, but if the country is the victim of sudden armed aggression and is not possible for the Assembly to convene, the President of the Republic is also able to decide on the use of the armed forces.

Political Parties

Elections are regularly held in every five years. Presently the following political parties are represented in the TRNC Parliament:

Political Parties’ Representation in Assembly

The Parties’ representation in the Assembly as follows.

PARTY                     SEATS                   

DP                                6                       

NUP                            14                       

RTP                            25                      

CDP                             1 

FRP                             4

The Judicial System

Supreme Court:
President. Metin Hakkı

The highest court in the Turkish Republic of Northern Cyprus is the Supreme Court. The Supreme Court functions as the Constitutional Court, the Court of Appeal and the High Administrative Court, has exclusive jurisdiction to adjudicate finally on all matters prescribed by the Constitution. The Supreme Court, sitting as the Court of Appeals , is the highest appellate court in the TRNC. It also has original jurisdiction in certain matters of judicial review. The Supreme Court, sitting as the High Administrative Court, has exclusive jurisdiction on matters relating to administrative law.

The Supreme Court, is composed of a president and seven judges.

Subordinate Courts:
 

Judicial power other than that exercised by the Supreme Court is exercised by the Assize Courts, District Courts and Family Courts.

Supreme Council of Judicature:
 

The Supreme Court of Judicature, composed of the president and judges of the Supreme Court, a member appointed by the President of the TRNC, a member appointed by the Legislative Assembly, the Attorney-General and a member elected by the Bar Association, is responsible for the appointment, promotion, transfer and matters relating to the discipline of all judges. The appointment of the president and judges of the Supreme Court are subject to the approval of the President of the TRNC.

The Attorney-General's Office

Attorney-General: Aşkan İlgen

The Law Office of the Turkish Republic of Northern Cyprus is an independent office and its Head is the Attorney-General. This means that the office of the Attorney-General is not attached to any Ministry. The Deputy Attorney-General acts for the Attorney-General in case of his absence.

The Attorney-General is appointed from amongst persons qualified for appointment as a judge of the Supreme Court and holds office under the same terms and conditions as a judge of the Supreme Court. He cannot be removed from office except on similar grounds and in a similar manner to a judge of the Supreme Court.

The Attorney-General is the legal advisor of the State, the President, the Prime Minister, the Council of Ministers, ministers, and other organs of the State.

The Attorney-General represents the State in all civil, administrative law and constitutional law cases. Civil actions in which the State is a party are instituted by the Attorney-General as plaintiff, or brought in the name of the Attorney-General as defendant. Administrative law cases that are brought against the State are defended by the Attorney-General.

The Attorney-General is also the chairman of the Disciplinary Board which has the task of conducting disciplinary proceedings against advocates for breach of rules of practice and etiquette.

District Administration

For the efficient administration of North Cyprus the Republic is divided into five districts: Nicosia, Famagusta, Kyrenia, Güzelyurt and İskele. The capital and seat of government is Nicosia, North.

There are a total of 187 villages numerically divided as follows:

·        Nicosia 30,

·        Famagusta 42,

·        Kyrenia 42,

·        Güzelyurt  30,

·        Iskele 43.

Each district is governed by a District Officer (Kaymakam) who is essentially the local representative of the Central Government. The District Officer is the corollary of the Prefect in France and the Commissioner in other countries. The District Officer acts as the state liaison and chief coordinator of the activities of all Ministers in his District, thus establishing a two-way information. The District Officers reports are answerable to the Ministry of the Interior.

In each District there are, in addition to the District Officers, Assistant District Officers and an adequate number of staff personnel.

Each village has a Village Commission consisting of five members, the Mukhtar as chairman and four azas, all elected by the public for a period of four years. The chairman of the Village Commission is the head of the village. It is the duty of the chairman of the Village Commission to report to the District Officer any matter of public interest concerning his village. In addition he supervises the work of the Rural Constable, certifies documents requiring his signature, registers births and deaths, and performs the duties assigned to him by the District Officer.

Local Authorities

The general local administrative structure in North Cyprus operates at two levels: through Municipal Councils and Village Commissions. These are independent bodies responsible for the management of their local affairs and there is no hierarchical relationship between them. Municipal Councils constitute the form of local government in the district towns and in a number of large villages, while Village Commissions constitute the local structures in all remaining villages.

Mayors, mukhtars, members of the Municipal Councils and Village Commissions are elected by universal suffrage. Thus, central government involvement is limited to extending technical and administrative support and supervision.