Filenews 2 March 2021
"The Attorney General of the Republic, in a reply letter, informed me, among other things, that it is not possible to hold referendums after the passage of this bill into law, because this would call into question the application of all the provisions of the passed Law," Interior Minister Nikos Nouris said in a statement.
The Minister of the Interior today, according to a ministry announcement, made the following statement on the issue of holding a referendum in relation to the proposed reform of Local Government in Cyprus:
"As is well known, the Local Government Reform Bills have been debated for years at the level of the House, but also with the social partners.
In recent months we have discussed in the Parliamentary Committee on the Interior at length the "Municipal Law of 2020".
At its last session, the Commission decided, at the position of a majority of its members, to include in the text of the Bill, inter alia, a provision providing for a call for a referendum at local level, following the adoption of this bill in law.
The Ministry of the Interior lodged its disagreement with this provision and on 1 February 2021, I sent a letter to the Attorney General of the Republic requesting an opinion on the constitutionality of that provision and the functionality of the Law from a legislative point of view.
The Attorney General of the Republic, in a reply letter, informed me, inter alia, that it is not possible to hold referendums after the passage of this bill into law, because this would call into question the application of all the provisions of the passed Law.
It also notes that, although the Constitution of the Republic of Cyprus does not provide for any possibility of holding a referendum, this is nevertheless provided for in the Referendums Act 1989 (Law 206/1989).
In view of the above and respecting the position of the majority of the parliamentary parties in favour of holding a referendum on the reform of local government, I intend to propose to the Council of Ministers at its meeting tomorrow, as it decides to send a proposal to the House of Representatives, pursuant to subsection (1) of Article 3 of the Referendums Act 1989, proposing the holding of a Cyprus referendum , on the reform of Local Government, at the same time as the elections for the nomination of the members of the House of Representatives, which will be held on 30 May 2021.
For this intention I have already sent a letter to the Speaker of the House and the leaders of the Parliamentary parties, and in addition to the letter I have informed the Chairman of the Parliamentary Committee on the Interior by telephone today."
Asked whether the Government could decide for itself when it comes to holding a referendum, he said that the Referendum Act "stipulates that the Council of Ministers decides on the issue of holding a referendum, but this proposal should be approved by the House of Representatives".
In another relevant question, the Minister replied that "the essence of the Advocate General's opinion lies in the fact that you cannot put before the people a law that has been passed. What the people need to be asked, and what they have advocated precisely, is that, while respecting the position of the parliamentary parties, we suggest, always adopting the opinion of the Attorney General of the Republic, that the sovereign people can be asked during the parliamentary elections, so that there is both an economy and a turnout in terms of participation, if it wants the reform to go ahead. The provisions of the law are very clear. The answers should be affirmative or negative - as defined by the relevant article of the law. The question will obviously be raised as to whether the House of Representatives will adopt the government's position, but we believe that in this way, while respecting the views of the parliamentary parties, we are also able, after so many debates, to have the opinion of the sovereign people.'
