Cyprus Law - Cyprus Justice System

The Applicable Law

Following independence in 1960 Cyprus preserved the English legal system and a number of laws were enacted in an effort to transplant the doctrines of common law and equity in Cyprus. Clear examples of these are afforded by the adoption of the Criminal Code, the Contract Law and the Civil Wrongs Law. In terms of the provisions of s. 29(I)(b) of the Courts of Justice Law (14/60) all the Courts apply

- The Constitution of the Republic of Cyprus
- The laws which have been retained by virtue of Article 188 of the Constitution
- The principles of Common Law and Equity and
- The English Laws which were applicable in Cyprus before 1960.

1. Appointment of Judges

1.1 Supreme Court

Compromising of the President and 12 Judges who are appointed by the President of the Republic and they hold office until the age of 68. It is customany for the President of the Republic to seek the views of the supreme court before he makes an appointment to the Supreme Court. The recommendations of the Supreme Court in the appointment from Judges of the first instance courts are usually adopted. This practice is consistently followed.

1.2 First Instance Courts

Registered Cyprus advocates with six years practice in the legal profession and of high moral standing qualify for appointment as a District Judge. First instance judges are appointed transferred, promoted by the Supreme Council of Judicature, which consist of the members of the Supreme Court. First instance Judges hold office until the age of 63.

2.The Supreme Court of Cyprus

2.1 The judicial system in Cyprus is based on the provisions of the Constitution of 1960 which established Cyprus as an independent state. The Constitution of Cyprus includes the relevant provisions of the European Convention of Human Rights and Fundamental Freedoms (adopted in Cyprus in 1962), including inter alia.

- The right to life and corporal integrity
- The prohibition of torture
- The right to liberty and security of a person
- The right to a public and fair trial
- The right to freedom of thought, conscience and religion
- The right to freedom of speech and expression
- The right to property, and
- The right to equality before the law

2.2 The Supreme Court of Cyprus has the following jurisdictions:

2.2.1 Appellate Court

The Supreme Court in Cyprus has jurisdiction to hear and determine all appeals from all inferior courts in civil and criminal matters. The Court can uphold, vary, set aside or order the retrial of a case as it may think fit. The Court can draw its own inferences from the facts drawn by the trial Court and in certain exceptional cases may even receive further evidence.

2.2.2 Administrative Matters

The Supreme Court is the only administrative court in the country, has exclusive jurisdiction to adjudicate on any recourse filed against a decision, act or omission of any organ, authority or person exercising any executive or administrative authority on the ground that it violates the provisions of the Constitution or any law or it is in excess or in abuse of any power vested in such organ, authority or person.

2.2.3 Prerogative Orders

The Supreme Court has exclusive jurisdiction to issue the prerogative orders of habeas corpus, mandamus, prohibition, quo warrantor and certiorari.

2.2.4 Admiralty

The Supreme Court has jurisdiction to hear and determine admiralty cases. The original jurisdiction is exercised by a single judge and an appeal against his decision lies to the Full Bench of the Supreme Court.

2.2.5 Elections

The Supreme Court as the Electoral Court has the power to hear and determine petitions concerning the interpretation and application of the Electoral Laws.

2.2.6 Constitutional matters

The Supreme Court has jurisdiction to adjudicate as to whether a particular law complies and is compatible with the provisions of the Constitution or any conflict of power or competence which arises between any organs or authorities of the Republic. Furthermore the Supreme Court has jurisdiction to hear a recourse by the President of the Republic as to whether a law passed by the House of Representatives is repugnant or inconsistent with any provision of the Constitution.

3. First Instance Courts of Cyprus

First Instance Courts of Cyprus include the District Courts, the Assize Courts, the Rent Control Tribunal, the Industrial Tribunal, the Military Court and the Family Courts.

3.1 The District Courts

3.1.1 Civil Jurisdiction

There are six District Courts, one in each of the six major towns on the island. The Famagusta and the Kyrenia District Court have since the Turkish invasion of the island in 1974, been taken over by the Nicosia and Larnaca Court. Each District Court has jurisdiction to hear and determine all civil actions,

3.1.1.1 Where the cause of action arose wholly or in part within the limits of the district where the Court is established, or

3.1.1.2 Where the defendant at the time of the filing of the action resides or carries business within the limits of the Court.

The District Court is made up of District Judges, Senior District Judges and presidents District Court. The civil jurisdiction of District Judges and Senor District Judges is defined by reference to the value of the Subject matter in dispute. District Judge, up to CYP £ 50.000. Senior District Judge, up to CYP £ 250.000. The jurisdiction of Presidents District Courts is not subject to limitation referable to the value of the subject matter.

3.1.2 Criminal Jurisdiction

A criminal case may be tried by a President of the District Court, a Senior District Judge or a District Judge sitting alone or by an Assize Court. A single Judge has jurisdiction to try summarily all offences punishable with imprisonment for a term not exceeding five years or with a fine not exceeding CYP £ 50.000 or both. In addition thereto a Judge may order a person who has been found guilty of a criminal offence to pay compensation not exceeding CYP £ 3.000 to the person injured by the offence. It is noteworthy that a Judge with the consent of the Attorney - General can assume jurisdiction and try summarily any offence. In such a case the punishment to be imposed cannot exceed the punishment and compensation which he is otherwise empowered to impose.

3.2 The Assize Court

The jurisdiction of the Assize Court, extends to the whole of the territory of Cyprus. Moreover it haw extraterritorial jurisdiction in relation to certain offences committed abroad. (See section 20(1) of the Courts of Justice Law, (l. 14/60) and s.5 of the Criminal Code - Cap. 154.) The Assize Court has competence to deal with any crime regardless of its gravity. Moreover there are no limitations to its sentencing powers. The assize court can impose any sentence up to the maximum provided by law for the crime for which the accused is convicted.

Composition of the Assize Court. The Assize Court is a three / membered Court composed of a President District Court, a Senior District Judge and District Judge. Presently there are four Assize Courts in continuous session. The member of the Assize Courts are members of district Courts.

3.3 Rent Control Courts

The Rent Control Court Tribunal, of which there are presently three, has jurisdiction to try all the disputes arising from the application of the Rent Control Laws, which include amongst other matters, the payment of rent and recovery of possession. A Tribunal consists of a President, who is a judicial officer, and two lay-members representing the tenants and the landlords.

3.4 The Industrial Disputes Court

The Industrial Tribunal, of which there are presently three, has jurisdiction to entertain applications by employees for unjustified dismissal and redundancy payments. It consists of a President, (who is a judicial officer) and two lay-members representing the employers and employees.

3.5 Military Court

The Military Court has jurisdiction to try military offences under the Criminal Code and any other law committed by members of the armed forces. It consists of a President, (who is a judical officer), and two assessors who are appointed by the Supreme Council of Judicature from a list of military officers.

3.6 Family Courts

The Family Court, of which there are presently three, has jurisdiction to take up petitions concerning the dissolution of marriage as well as matters which relate to parental support, maintenance, adoption and property relations between spouses provided that the parties are residing in Cyprus.

In terms of the provisions of Article 111 of the constitution family matters were adjudicated by ecclesiastical courts, in an effort to safeguard the rights of the Greek Orthodox Church and other religious groups like the Maronite and Latin Communities (which belong to the American Church). Article 111 has been amended by the First Amendment of the Constitution Law (Law 95/89) which provides that every matter relating to those matters which belonged to the Greek Orthodox Church is now to be adjudicated by the Family Court. The Family Court consists of the President and two Solicitors of a high moral and professional standing. The President is appointed by the Greek Orthodox Church and the other two members by the Supreme Court. As the Greek Orthodox Church, aggrieved by the removal of its jurisdiction of a civil court, failed and/or omitted to appoint the President of the Family Court, in accordance with the provisions of Law 95/89, the Supreme Court has appointed the President of the Family Court.

Jurisdiction to determine religious matters, divorce and judicial separation proceedings and matter affecting children (as for example legitimacy, maintenance and education) of the Turkish Cypriots was given to the Turkish Family Courts (Chapters 338 and 339). However, as a result of the Turkish invasion of Cyprus in 1974, the application of the relevant laws concerning Turkish Cypriots was suspended by various laws as long as the anomalous situation resulting from the Turkish invasion continues.

4. The Administrative Jurisdiction of the Supreme Court

4.1 In terms of the provisions of Article 146 of the Constitution, the Supreme Court of Cyprus has exclusive jurisdiction to review judicially every administrative act, decision or omission. Such jurisdiction covers the whole area of governmental and administrative action in the public domain, but excludes acts, decisions or omissions of the public authorities relating to the private rights of individuals.

4.2 An application for the annulment of an administrative act will be entertained, provided that the following prerequisites have been met:

4.2.1 The act is an executory one

The administrative act must be an executory one productive of legal consequences affecting the rights or obligations of the subject. Preparatory acts, acts informing as to the state of the law and acts confirmatory of earlier executory decisions cannot form the basis of review.

4.2.2 A legitimate interest is adversely affected

A legitimate interest of the subject must be prejudicially affected directly by the act or omission. The concept of "interest" is not similar to the concept as applied in civil law. It must be concrete of a financial or moral nature. In this respect the subject's interest must be distinguished from the interests of the general public. No actio populari is allowed.

4.2.3 Proceedings are instituted within 75 days

The proceedings for annulment must be taken within 75 days from the date when the decision challenged is published, or if not published, from the day when it comes to the knowledge of the applicant.

4.3 In the exercise of its administrative jurisdiction, the Supreme Court may confirm an administrative act or decision or declare it as null and void. In the case of omissions, it may declare that such omissions ought not to have taken place and that whatever has been omitted should have been performed. Any decision handled down is binding on all courts, organs or authority and must be acted upon by those concerned.

4.4 It must be noted that the jurisdiction of the Supreme Court is limited to the review of the legality of the act and cannot go into the merits of the decision under review and substitute the decision of the administrative organ with its own decision. Such an act would violate the strict separation of powers safeguard by the Constitution. Decision making in the field of administration rests entirely within the province of the executive branch of the government.

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