Dr. Christian Heinze

On the question of the compatibility of the admission of Cyprus into the European Union with international law, the law of the EU and the Cyprus Treaties of 1959/60.

Appraisal study, March 1997


The fate of the Constitution of 1960
(a summary with reference to the most important constitutional statutes)

       Articles of the Constitution of 1960                                     Breaches by Greek organs

1*, 36, 39*42, 42, 44*, 46*, 47-49, 50*, 51 -53*, 55 - 56, 57*, 74, 79, 112*, 115*, 118*, 124, 129 -131*, 133*  Vice President elected by the Turkish Community. Participation in promulgating the laws and in important decisions, veto rights, right to assemble parliament, propose laws, to be heard in parliament, to participate in defence, police and personnel decisions.  The Vice President „is no longer recognised by the government since 1964“ 1).  President and government ignore his participatory rights. ** 

The Greek Bodies no longer apply the promulgation rules. 2) ** 


42 Oath of the President: 

To honour the Constitution and the laws passed in accordance 
with it.

On 28.2.73, the Greek Cypriot President pledged to honour the legal system in force at the time, i.e. the Greek Cypriot revolutionary one. On 1.1.1964 he had „terminated“ the Guarantee Treaty of 1960 and consequently also the constitutional rights of the Turkish community. 3)
46*, 54* 
58 - 60 
79, 80 (1)
Council of Ministers including three Turkish Ministers has legislative and executive authority and the right to propose Laws. Right to be heard in parliament.  Since 1964 the Council of Ministers operates only through its Greek members. Measures of Turkish Ministers go unnoticed. **
62 (2), 
65*, 67, 72, 73 


Turkish Cypriots elect 30% of the deputies, participate in chair, committees, dissolution of parliament. Some laws provide for a separate majority of deputies of each community.  Since 1964, the constitutionally elected Turkish Cypriot deputies are excluded from the sessions of parliament 4) , the constitutional electoral system was abolished. 5) ** 
86 - 111 
160, 87*, 89*, 92*, 108*
Turkish Cypriot Chamber with legislative and executive authority. The „government“ does not recognise its statutes or decisions. **
112*-121, 115*, 
 „Independent Bodies“ of the republic have to be filled under the participation of Turkish Cypriots.  Greek Cypriot authorities have filled up all „Independent Bodies“ with Greek Cypriots. **
Participation of 30% of Turkish Cypriots at the Civil service according to the decisions of the Commission for the Civil service where three Turkish Cypriots are members.  Turkish Cypriots are excluded from Civil service 6).  Commission out of order. Reformed in unconstitutional manner without participation of the Turkish community by law 33/1967, dated 30.6.1967.
129 -132*  Composition, stationing of the army and security forces (participation 40/30% of Turkish Cypriots) Greek Cypriot unconstitutional laws establish Greek National Guard, introduce universal conscription 7)  and change composition of the police .
133* - 151 
138*. 139*.136, 
137*, 148 
Constitutional court, procedural rights of Turkish bodies 
judgements bind all bodies of the republic. 
Out of operation, since announcement of the Greek Cypriot President (1963) to disobey a decision of the Constitutional court 9). 
152 - 164, 
153*, 157*, 
159*, 160* 
Composition and jurisdiction of the general courts under participation of Turkish Cypriot judges.  Prevention of the fulfilling of the duties of Turkish Cypriot judges in the chambers of the courts of  the republic. 10) **
169  Participation of the Council of ministers to agreements on international economic cooperation. Participation of the parliament to the making of international treaties.  Conclusion of the Agreement of Association with the EC without a Council of ministers or parliament including Turkish members or deputies, under disregard of the participatory rights of the Turkish Cypriot executive. 11) **
87, 89 
177, 178* 
Separate Greek and Turkish municipalities (municipal councils) are to be installed in the 5 main cities.  The Greek majority of the Council of ministers organises municipal administration in contradiction to Articel 173; The Cypriot Constitutional court quashes this regulation 12) , the organisation is nevertheless executed and consolidated as decided by the Greek party to the conflict. 13) **
181*  Treaty of Guarantee 14)  is part of the Constitution.  The Greek Cypriot President terminates the Treaty of Guarantee. 15)
185*, 181*  Prohibition of full or limited political or economic union with other states. 16) Greek Cypriot President acknowledges the aim of the union of Cyprus with Greece, Greek Cypriot parliament declares union as aim of the state. 17) 
Part II 
6 - 35 
Basic rights and liberties. The Greek Cypriote bodies persecute the Turkish Cypriots or fail to protect of them. 18)
182* in connection with Annex III  Articles marked with * are unchangeable „Basic Articles“ in the sense of Article 182 and thus of the Treaty of Guarantee. Also Article 182 para. 3 according to which nor Article of the Constitution may be changed without the consent of 2/3 of the Turkish deputies, is a „Basic Article“ in that sense.  The proposition of the Greek Cypriot President of November 1963 to change the Constitution in 13 points by which the Turkish Cypriots would be deprived of their essential participatory rights 19), shows within the later context of the open revolution of the Greek Cypriot organs to be the program of  this revolution.. The proposition is carried out through various Greek Cypriot legislative acts.  20)


* denotes “Basic Articles” in the sense of the Cyprus Treaties and of Art. 182 of the constitution of 1960 and such articles of this constitution, parts of which possess the qualities of  “Basic Articles”.

** When an organ ignores a participatory or veto right of another organ then it enhances its own power.


1)  UN S 6569 of 29.7.1965, passim. With “government” the document refers exclusively the regime controlled by the Greek party to the conflict. The vote for the Vice President was abolished by the unconstitutional Greek Cypriot  Law No. 38/1965.

2)  UN S 6569 (footnote 1) § 11.

3)  Cf. Paragraph C IV 1 of this appraisal study and Art. 181 of the Constitution of 1960. Naturally the “termination” is legally void. Cf. Thomas Ehrlich, International Crisis and the Role of Law, Cyprus 1958-1967, Oxford University Press, 1974, page 53.

4)  UN S 6569

5)  Laws passed in an unconstitutional manner by the Greek community, No. 38 and 39/1965.

6)  UN S/5950 10.9.1964 § 108 (1).

7)  Law No. 20/1964 of 2.6.1964, cf. UN S 88286 2.12.1967 § 24, 25; cf. Verdict of the Greek Cypriot High Court of 20.9.1985 as well as Jennings/Watts in Oppenheim’s International Law, op.cit., page 383 footnote 4.

8)  Greek Cypriot unconstitutional law No. 21/1964 of 4.6.1964.

9)  Sunday Express and Cyprus Mail of 12.2.1963; the President of the Constitutional Court resigned after the announcement. Cf. also V.M. in Neue Zürcher Zeitung of 10.8.1963, Fernausgabe No. 218 “Verfassungsprobleme in Zypern”. The constitutional role of the Constitutional Court was “officially” abolished by the Greek Cypriot Law No. 33/1964 of 9.7.1964. Cf. also UN S/7350 of 10.6.1966 § 152f.

10)  UN S/7350 of 10.6.1966 § 154F.

11)  Cf. Part A of this appraisal study.

12)  Cf. the verdict of the Cypriot Constitutional Court of 24.4.1963 (10/63).

13)  Cf. the unconstitutional Greek Cypriot Law No. 64/194 of 1.12.1964.

14)  See footnote 3.

15)  1.1.1964, cf. footnote 3 and Part C IV 1 of this appraisal study.

16)   “… integral or partial …” “… in whole or in part …” “… political or economic union with any state whatsoever”.

17)  Cf. e.g. the Quote in the Cyprus Mail of 28. March 1963 and the London Times of 9. April 1963; cf. the Greek Cypriot Parliamentary Resolution of 26.6.1967 which was never revoked, quoted in detail with the prehistory in M.N. Ertekün, The Cyprus Dispute, 2. ed., Rustem, Nicosia,  1984, pages 174-181; cf. also the Greek Cypriot Law No. 48/1987.

18)  Greek actions 1963/64; examples (in short) taken from Patrick op. cit.: cutting of telephone cables; barricades around Turkish quarters; Greek Cypriot forces participated in overrunning the Turkish quarter in Nicosia (page 49); Greek Cypriot Government releases 545, another time 49 hostages (pages 49, 60); greek-cypriote irregulars attack Turks, mass graves with Turkish Cypriotes partly fettered, tortured and shot in their heads (page 50); Greek Cypriot gangs operate near Paphos, Famagusta and Larnaca (pages 57, 67), Greek Cypriot police and Gendarmerie attack near Ayios Sozomenos (page 57); armed Greek Cypriot forces attack (page 62); the Greek Cypriot government fights for the control over land hold by Turkish Cypriots (page 63), Greek Cypriot irregulars refuse subordination under the Greek Cypriot government (66); the Greek Cypriot National Guard and Greek armed forces attack Turkish Cypriots near Kokkina (page 72). Similar actions are reported from Turkish Cypriot forces, also described by Patrick op. cit. The encounters of 1963/64 cease after attacks of the Turkish airforce on Greek units in Cyprus. It is decisive that Greek actions aimed at the subjugation of the Turkish Cypriot community under an unconstitutional Greek Cypriot sovereignty and were connected to severe violations of their basic rights and liberties as well as of their civil rights.

19)  Cf. Part B I 1of this appraisal study.

20)  Cf. Leigh, op. cit., pages 9-13, referring to the report of the Secretary General of the UN Security Council S/6569 and to the reports of the „High Commissioner“ in Cyprus. Cf. also the examples mentioned before in this appendix.