Filenews 28 September 2021 - by Michalis Hadjivasilis
The supreme court's announcement of last Friday, in which it clearly urged the Parliament to vote on the bills for the reform of the Judiciary, is seen as a bell in Cyprus.
Due to the concerns expressed during the last discussion of the issue in the Committee on Legal Affairs and the delay that would occur in the passage of the three bills, the Supreme in an unusual action, urged everyone to contribute to the passage of the bills, "before the collapse of justice". He even touched on the question of constitutionality raised by him, saying that this will be examined in due course by the competent Court. As estimated by lawyers and others, this position of the Supreme now clears things up and opens the door for passage of bills. In fact, the intervention of the Supreme Was made in order to overcome any objections of some parties.
"F" asked for the views of the protagonists on the issue of reform after the supreme court's position. Justice Minister Stefi Drakou, in her recent statement to the Committee on Legal Affairs, had argued in favour of their vote as soon as possible, stressing that in addition to the risk of justice collapsing, all the €97 million funding from the EU will be lost. As he said, the three bills that have received wide consultation are expected to fundamentally reshape the administration of justice in our country. She expressed the hope that they would be brought to the vote as soon as possible. According to Mrs Drakou, there will always be differing opinions, and they are respected. The minister added that she will continue the effort to achieve the maximum possible consensus by maintaining communication with all those involved, as long as the debate in parliament lasts. "But the discussions cannot be endless. The reform must continue. We have reached the stage of final decisions and the House will have the final say", he concluded.
In a post on twitter, the Attorney General welcomed the Supreme Court's announcement, adding that given the risk of collapse of our justice system, which the Supreme recognizes, it is the responsibility of all of us to complete the reform under discussion immediately. George Savvidis had asked the Parliament to proceed with the passage of the bills, stating that both he and his predecessor, Kostas Clerides, had not identified constitutional impediments. He had added that the current majority of eight Supreme court judges saying there are constitutional issues in the bills and five saying no, probably in a few months' time will change with the retirement of some judges.
Speaking to "F", the president of the Pancyprian Bar Association, Christos Clerides, said that the way has now been opened for the immediate passage of the bills. No political force, he said, should vote against reform any longer. He added: "Since the first of the year 2022, Justice has been upgraded. One more step forward. I believe that this was also the original position of the Supreme Court, but it was misinterpreted by some political forces. In short, the Supreme Court has in the past expressed the view that on the issue of the structure of the Supreme Constitutional Court and Court of Appeal, it is a matter that is primarily decided by the State. Some concerns were raised so that improvements could be made and such improvements were made. Beyond that, on the issue of the Judicial Council, in which judges from all levels will now participate, as well as the Attorney General and the President of the Cyprus Bar Association, some concerns were raised in relation to the proposed amendment. However, these matters are not decided by either the House or the Supreme Court outside the courtroom. If and when they rise, they will be decided by the competent Court after hearing the arguments of the parties involved."
Mr. Clerides stressed that with the latest announcement of the Supreme Court, the way has now been opened for the three bills to be voted as they have been finalized and there is no room for any further delay in reopening the debate. "I call on the chairman of the Committee of Jurists, my colleague Nikos Tornaritis, as in consultation with the other political forces in the House, he now put the bills before the Plenum for a vote as soon as possible. I hope that from 1/1/2022 we will have a new Court of Appeal, a new Supreme Constitutional Court and a new Supreme Court", concluded the president of the Cyprus Bar Association.
Damianou: Whatever is voted for can be applied
AKEL MP Aristos Damianou in a statement to "F" said that in previous years we have brought significant improvements in the bills for the reform of justice. After being given space and time to dialogue and collective reflection. However, there are the views of the Supreme Court which cannot be ignored and which relate to the main pillars of the changes. We evaluate all the data. We are not overlooking the fact that the justice system is in the process of collapsing and needs immediate changes. On the contrary, at the same time we believe that the government has a responsibility to find the necessary convergences with the judiciary, so that what is voted on has the guarantees of implementation.
16 new judges to be appointed
As regards the new appointments of judges that will be needed for the new Courts to operate, it is estimated that they can be covered in the next three months. The new Judicial Council must meet and appoint 16 new appellate courts to staff the new Court of Appeal.
At the same time, the President of the Republic must appoint three new judges so that the 16 judges (three new and 13 subordinates of the Supreme Court) can compose the Supreme Constitutional Court and the Supreme Court.
Under one bill, a new separate Court of Appeal is created, with 16 Judges. The Court of Appeal will hear all appeals and all preferential warrants, both at first instance and on appeal, which is currently the jurisdiction of the Supreme Court. The Court of Appeal may be composed of Chambers of Civil, Criminal and Review Jurisdiction.
