Filenews 2 April 2021 - by Frixos Dalitis
A formula by which British permanent residents of Cyprus can retain the right to vote and stand as a candidate in the next local government elections, like other European citizens, is sought by government agencies.
In particular, as we are informed, following an official request made by the United Kingdom Government through the Ministry of Foreign Affairs and the Ministry of the Interior to the respective ministries of the Republic of Cyprus during the official visit of the two ministers to Cyprus, the matter is under consideration. According to the information we have from the two ministries, the request was made in the context of a package of issues that can be determined under a bilateral agreement Position of the Republic of Cyprus is that there should be the principle of reciprocity, that is to say what will ultimately apply in the case of the British of Cyprus, to apply in a similar way in the case of the Cypriots of Britain. It is noted that the British in Cyprus amount to about 5,000.
The matter is jointly dealt with by the Foreign and Interior Ministries of the Republic of Cyprus, with a positive intention, but in a way that can be legally implemented without any problem arising from the specific settlement which will be made on the substance exceptionally for Britons residing in Cyprus, because after Brexit they have lost this right because they have ceased to be EU citizens.
A letter was also sent to the competent Minister of the Interior Nikos Nouris on the subject, which was communicated to "F" by a British national living permanently in Cyprus and who is also a member of the Community Council of Talas in Paphos. As Mrs Cathi Delaney says, she has been trying for 12 months to find out what will happen to the case of UK nationals living in Cyprus in terms of local elections. Mrs . Delaney complains that she has so far received no answer, suggesting that the answer to this question is now becoming imperative in view of the possible referendum on the reorganisation of local government.In her letter to the home secretary, she notes that she is a member of the Talas Community Council and that she represents expatriate Britons in the community. She asks if after Brexit:
"1. British expats will retain their vote and their right to stand in local elections
2. How UK expatriates will vote in the planned referendum on the reorganisation of local government during May's parliamentary elections.
3. Are there any plans to allow other third-country nationals residing in Cyprus and owning property to vote in local elections, for example Russians and Chinese?"
According to her, these individuals have invested in the country by buying real estate and making Cyprus their home, so it would make sense as a minimum to give them the right to have a say through the elections. She notes that several European countries have already responded positively to the request by the people of the United Kingdom to retain the right to vote and to stand as a candidate in local elections.
In her letter, she also expresses concern about whether the database of UK expatriates can be checked to ensure that voters are not removed from the electoral roll, as, as she notes, it was stated that after Brexit, 'Britons would be removed from the special electoral roll'.
It also asks what will happen in the case of the referendum on local government reform, whether they will be able to participate and whether they will be given time to organise and inform, in relation to the provisions of the referendum, in English.
From a governmental point of view, we have been told that the reason why this letter has not yet been answered and other similar ones is because it has not yet been clarified precisely. With regard to the referendum and whether or not those who have the right to vote in local elections, as mentioned to us, will be made clear when and if there is a conclusion in the House after the debate on the proposal.
Referendum debate begins
The interior ministry's proposal, as approved by the Council of Ministers, was tabled in Parliament and on Monday its debate begins before the relevant parliamentary Committee on the Interior. The question which the Government refers to the House to be put before the people for the referendum on the reform of Local Government 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?"
However, time is running out because in order for the referendum to take place on the same day as the parliamentary elections, as provided for in the relevant proposal, the debate must be concluded immediately in the Committee on the Interior and approved or rejected accordingly by the plenary of the House. It is recalled that this House is being dissolved in the run-up to parliamentary elections on 23 April.
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 Minister acting of his own motion on matters 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.
Community right
According to the relevant legislation, any citizen of the European Union residing in a Member State of which he is not a national has the right to vote and to stand as a candidate in the municipal/community elections of the country of residence under the same conditions as nationals of that Member State. The basic rule is therefore that citizens of the European Union living in another Member State should be treated as nationals of the State of residence.
If a Member State of the European Union requires a minimum period of residence by its nationals as a condition of participation in municipal/Community elections, a similar minimum period of residence may also be required from nationals of another Member State of the European Union. However, they shall be deemed to fulfil this condition if they have stayed for a corresponding period in another Member State of the European Union.
It should be noted that Community law guarantees the right to vote only in local elections. The right to vote and stand as a candidate in regional or national elections is covered by national law and therefore the right to participate in regional or national elections for citizens of other Member States rests with the Member State concerned of the European Union.
