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President refers law on handling of TC properties

Νέος Πρόεδρος Δημοκρατίας Απερχόμενος Πρόεδρος Δημοκρατίας
President Nikos Christodoulides

President Nikos Christodoulides on Thursday referred back to parliament a law it passed in late March regarding the handling of Turkish Cypriot properties in the south, deeming the legislation unconstitutional.

Parliament now has 15 days to accept the president’s referral and withdraw the law, or double down and insist on its enactment. In the latter case, the matter would end up with the supreme court.

The legislation in question had passed by unanimous vote on March 30. It mandates the Custodian of Turkish Cypriot Properties – the interior ministry – to see to it that Turkish Cypriot properties are certified for structural integrity before being leased to eligible persons.

These properties include residential units or business premises.

The issue came up after it became apparent the Custodian was leasing out Turkish Cypriot properties in an advanced state of disrepair.

The March 30 law is not retroactive – it would apply only to properties leased to Greek Cypriot refugees from now on.

MPs had argued that the state has both a legal and moral obligation to deliver residences that are safe and properly upkept, so that refugees do not live in fear and have to beg authorities for piecemeal maintenance works.

Others called it unacceptable that the state should charge market rates for unsafe houses it leases to people.

Addressing concerns that this might create more red tape and delay the allocation of such properties, the Scientific and Technical Chamber had assured legislators that it could perform a structural integrity check within 15 days.

In his letter to the House, the president cited several reasons for refusing to sign off on the law.

One was that the government has already drafted legislation of its own regulating the same matter. The bill is currently being legally vetted, and should be tabled to parliament in May.

The main reason, however, is that the legislature exceeded its powers by purporting “to perform an administrative function, in violation of the principle of separation of powers, while additionally the law being referred burdens government coffers and increases the budget.”

Under the constitution, the legislature on its own may pass no law or regulation that increases government expenditures.

Also according to Christodoulides, the law he is challenging contains unclear definitions of terms such as “permit to use a Turkish Cypriot property” or “beneficiaries.”

Because of the lack of clarity, the law “fails to provide legal certainty, and furthermore it could lead to the creation of a two-tier system for refugees.”

Conversely, the president said, bill prepared by the government is clear in its wording, and ensures the structural integrity of leased Turkish Cypriot properties.

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