CYPRUS Trends and Developments Contributed by: Menelaos Kyprianou, Constantina Zantira, Andreas Lytras and Eleana Poulladou, Michael Kyprianou & Co LLC
Michael Kyprianou & Co LLC 17 Stasinou Avenue 1060 Nicosia Cyprus
Tel: +357 22 447777 Fax: +357 22 767880 Email: info@kyprianou.com Web: www.kyprianou.com
Introduction Cyprus is undergoing a paradigm shift towards further establishing its presence in the international litigation landscape. This chapter of the guide aims to sum- marise the key institutional, legislative and procedural developments and trends. Institutional Developments Introduction of a three-instance court system A milestone reform is the introduction of a three- instance court system, through the establishment of the Court of Appeal, the Supreme Constitutional Court and the Supreme Court, which have been exercising their respective jurisdictions since 1 July 2023. The constitutional crisis in Cyprus in 1963 and the need to continue the administration of justice in the country led to the assignment of the powers to a uni- fied Supreme Court by effect of the application of the Doctrine of Necessity. Through time, it became evident that this consolidation ultimately resulted in the concentration of a wide range of responsibilities and powers in a single court. Legislative reform was passed in 2022 in line with the recommendations of the Venice Commission of the Council of Europe, and it aims to promote and facilitate the rule of law. Now, appeals against first-instance judgments are heard by the Court of Appeal, in which 13 judges cur- rently serve. The Supreme Constitutional Court has exclusive juris- diction to decide on constitutional matters, which include:
• the issuance of an opinion as to whether a law, decision or any provision issued by the House of Representatives is contrary to or inconsistent with any provision of the Constitution or the law; • a decision upon any recourse concerning a conflict or dispute of power or competence between any organs or authorities of the Republic (except the courts); • any electoral dispute; and • hearing issues of unconstitutionality on a matter essential for the determination of a case pending. It may also hear an appeal referred by the Court of Appeal on any decision of the Administrative Court on matters of public law, major public interest, general public importance or relating to the coherence of the law on conflicting decisions of the Court of Appeal. Legal issues that involve a deviation from established case law or to correct the interpretation of either pri- mary or secondary substantive legislative provisions are also matters that the Court may hear. The Supreme Court, in turn, hears, upon prior leave, appeals against judgments of the Court of Appeal and appeals referred to it by the Court of Appeal (except judgments of the Supreme Constitutional Court and appeals on judgments of the Administrative Court, including appeals, which are heard by the Supreme Constitutional Court, as above). Matters heard are those of major public interest or general public impor- tance or where an issue of inconsistency or conflicting judgments of second-instance civil or criminal juris- diction are raised. It also decides at a third and final instance on legal issues arising from a decision of the Court of Appeal that depart from established case law or where there is a need for proper interpretation
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