Constitutional change for acquis ‘unnecessary’

ACTING DIKO head, Nicos Cleanthous, yesterday played down calls for constitutional changes to put Cyprus in line with the EU’s acquis communautaire, arguing that now was not the best time for such alterations.

Referring to a proposal by Chairman of the House Legal Committee, Panayiotis Demetriou, to amend the constitution in line with the acquis, Cleanthous said it was a given that European law superseded national law, so there was no need to change the constitution.

“The decisions we took in Parliament were correct. I don’t think there is a problem operating in relation to European acquis,” he said. Cleanthous added that the country was going through a sensitive period, and “suggesting amendments to the constitution might not be the best thing at this point”.

Demetriou said the government would have to propose amendments as soon as possible to avoid potential problems with EU law. He said the government could no longer use the excuse that the timing wasn’t right because the country was now a full member of the EU.

He suggested Cyprus follow the Irish model and simply add a clause to the constitution which will stipulate that wherever there is conflict between the constitution and the acquis, European law will prevail.

Former Attorney General Alecos Markides believes the constitution should be amended in parts with the backing of parliament and the people through a referendum. However, all changes should be temporary given that a solution to the Cyprus problem would provide for a new constitution.

Deputy Attorney General Petros Clerides told Politis that constitutional changes were inevitable; otherwise the state would face serious legal and political problems and come in direct conflict with the EU.

Amending the constitution has always been a controversial topic because of its bi-communal foundations. The proposed changes to bring the constitution in line with European laws will also remove the bi-communal structures for separate elections, allowing Turkish Cypriots who wish to register on the electoral roll the right to vote in elections for the first time since 1974.
This right is provided for in the acquis and in the European Convention of Human Rights. The European Court of Human Rights is currently hearing a case regarding a Turkish Cypriot who argues that he has been deprived of his electoral right in the Cyprus Republic.