 |
History
At c. 9300 sq. kilometres Cyprus is a relatively
small island situated in the North-Eastern Mediterranean.
Though small in size its important strategic position
at the crossroads of Europe, Asia and Africa has
brought it to the forefront of international politics
time and again.
The capital of the island, and the only landlocked
city, is Nicosia, which is also an important business
centre. Limassol is the second largest city and
is an important commercial port and business centre.
Larnaca and Paphos are both developing as tourist
resorts and an international airport is situated
in each one (the main airport being in Larnaca).
The two other great cities of the Island, Famagusta
and Kyrenia have been under Turkish Occupation
since 1974.
In August 1960, Cyprus gained its independence
from British rule. Archbishop Makarios, a Greek-Cypriot,
became president, while Mr Kükük, a
Turkish-Cypriot, became vice-president. By 1964
inter-communal violence was on the rise and the
United Nations sent in a peacekeeping force. In
1967 a military junta took over the Greek government.
After their defeat and expulsion from Greece the
Greek junta instigated a coup and overthrew the
president of the Republic of Cyprus. In 1974 Turkey
responded by invading and still holds the northern
part of the island, which remains under Turkish
occupation
Cyprus is to joining the EU following its approval
by the heads of Government of the EU member states
during the Copenhagen European Council. The date
given for the accession is 1st May 2004.
The official languages of the Republic of Cyprus
are Greek and Turkish though the English language
is widely used and spoken as a second language
by the majority of the people.
Legal History
Because of its size Cyprus is easily dismissed
in terms of legal history and innovation. However,
due to its aforementioned geographical position
Cyprus has evolved under a series of conquerors
and this has had a significant impact on the island’s
legal development.
Before Roman Law was introduced Cyprus had experienced
Egyptian, Babylonian and Assyrian rule, each country
bringing with it its own legal rules and regulations.
Ecclesiastical Law developed parallel to secular
law and was greatly boosted by the consequent
independence of the Cypriot Church from the rest
of the Orthodox Church.
In more recent history French customary law, Turkish
law and British law arrived on the island in quick
succession.
Legal System
The most well known characteristic of Cypriot
law is its similarity to the English common law.
The reason for the wholesale acceptance of common
law is mainly historical as it took place during
Cyprus’ time as a British Colony when English
law gradually replaced the previous system of
legislation.
After the island’s independence in 1960
and in order to avoid confusion and gaps in the
legislation stemming from the transition from
colony to independent state the Constitution contained
a provision, in Article 188, para. 1, that: Subject
to the provisions of the Constitution all laws
in force on the date of the coming into operation
of this Constitution (i.e. the British law as
applying to Cyprus) shall, until amended by any
legislation made under this Constitution, continue
in force on or after that date, and shall, as
from that date be construed and applied with such
modification as may be necessary to bring them
into conformity with the Constitution.
The effect of the above provision is that in the
event that any matter has not been provided for
in the Cypriot statute law the common law will
apply.
Any treaties, conventions and agreements duly
concluded by the government in the manner prescribed
in the Constitution have superior force to any
municipal law, on condition that such treaties,
conventions and agreements are applied by the
other party thereto.
Unlike the civil and criminal law, the administrative
law applied in Cyprus is not of English descent.
In 1960 the Continental system of administrative
law was introduced to the island via the Constitution.
Under the continental system of administrative
law administrative decisions can be, and are,
judicially controlled. Administrative control
is exercised by the Supreme Court, which pronounces
final judgment on administrative law matters and
tends to follow the French Droit Administratif
principles.
Cyprus is the proud operator of one of the most
advanced and reliable land registries in Europe.
Property law in Cyprus is a mixture of the old
Ottoman property law with a large dose of the
English system. The Ottoman method of categorization
of the land still exists but registration has
overtaken much of the old system. The Land Registry
is modelled after its English counterpart though
it is more efficient and advanced than its mentor.
Cyprus law is in the unique position of having
different, and sometimes competing, legal systems
applied in its territory. Following independence,
the British Sovereign Base Areas of Akrotiri and
Dhekelia retained special status and official
British personnel were and are governed by legislative
acts specific to those areas. The UN forces monitoring
the Green Line (UNFICYP) may be subject to military
and treaty law.
|