Filenews 24 March 2021 - byFrixos Dalitis
New episodes in the local government reform series are soon being debated in Parliament.
The Council of Ministers yesterday approved Interior Minister Nikos Nouris' proposal to hold a Pancyprian referendum on the same day as the parliamentary elections. The proposal is expected to be forwarded to the House at the next plenary session scheduled, due to the public holidays of 25 March and 1 April, exceptionally on 2 April.
However, the matter does not end here, as various questions arise as to how the House handles the matter, in the time remaining until its self-dissolving on 22 April, when the last session of this House is scheduled before the parliamentary elections. Questions about the procedure to be followed and whether it is possible to vote in plenary on the proposal for a referendum?
Interior Minister Nikos Nouris, in a statement after yesterday's Cabinet meeting, said the House had decided on the proposal to be forwarded to the Parliament to be put before the legislature for a decision. This proposal also includes the question, which the Government asks the House to put before the people, which is as follows: "Do you agree with the reform of local government on the basis of the proposal of the executive, for the creation of 17 new municipalities with administrative and economic autonomy?"
So far it has not been clarified whether the proposal to be tabled in the House will then go to the Home Affairs Committee for debate and then come back for a vote. It is likely that this will be the procedure when the proposal reaches the relevant parliamentary committee on 5 April. There is a question of the debate that will take place and whether the proposal will then go as a matter of urgency to the next plenary session for approval or rejection, which is done by a simple majority.
It should also be noted that if and when the proposal is adopted, the result of the referendum in accordance with the current law is advisory and not binding in nature. At the same time, it should be noted that at least ACPL and DIKO intend to vote against the proposal to hold a Cyprus referendum on the same day as the parliamentary elections.
According to the referendum laws, the referendum is pronounced by a decision of the Court of First Minister, which is taken on a proposal from the Ministerial Council.
The proposal of the Ministerial Council for a public opinion shall be submitted to The Court following a decision of the Ministerial Council acting on matters of its own motion which, according to the Constitution, belong to the Executive Power, and on the recommendation of the Council of Representatives, in order to deal with matters relating to legislative delegation, as long as it is in agreement with it.
The decision of the Council of Representatives to call a referendum is sent to the President of the Republic for publication by publication of the Decision in the official newspaper of the Republic, as defined in Article 52 of the Council.
The Decision of the Council of Representatives to declare a referendum establishes the question to which the referendum is referred in question form, which may be answered in the affirmative or in the affirmative, the time of the referendum shall be set and, in general, any other details necessary for the holding of the referendum shall be mentioned.
Vicious circle
At the same time, the question arises from some circles as to whether holding a referendum on a cyprus basis prevents local referendums to be held within the framework of the Municipalities Law, which concern the form of associations. As was originally decided at the last session of the Committee on the Interior, when the issue of local government reform was being discussed.
It is recalled that the last session of the Committee on the Interior included provision with the support of the majority of the parties, ACPL, DIKO, EDEC, Ecologists and ELAM, for local referendums to be holding by December 2023. The interior minister asked the Attorney-General for an opinion on this, who replied that the referendum should precede the passage of the legislation.
