Filenews 18 January 2023
Cosmogonic changes are coming from next July in the field of Justice since, in addition to what is provided by the judicial reform, if the recommendations of the lawyers are heard, we will have express trials to solve the problem with the cases that have been delayed for years.
At the same time, for the first time in the annals of Justice, such a large number of judges will be recruited that they will need continuous and uninterrupted procedures to fill in the gaps. Lawyers propose innovative procedures to solve the problem with the thousands of cases whose adjudication is delayed, whether they concern appeals or civil lawsuits. If their suggestions are listened to, then we will have multi-speed courts, depending on the type of case. The main thing is that citizens will now hope that they will be able to go to the Courts again to find their law. It is noted that the number of cases delayed in the lower Courts was counted last year at 42,000, however, today no one knows their true number.
As the president of the Cyprus Bar Association, Christos Clerides, told "F", one of the lawyers' suggestions is for trials to be held via Zoom in order to gain judicial time, to create "small Courts" and to start recording trials, instead of shorthanding them. Mr. Clerides noted that the new regulation 2014-2018 recently put in place by the Supreme Court to solve delayed cases does not solve the problem, hence the strong reactions of lawyers. There have been some improvements to this regulation, he observed, but more will need to be done to clear up the backlog, i.e. cases that have been pending for years. The lawyers, according to their president, recommend the clearing up of the thousands of cases whose trial is delayed:
>> Enrichment of judges with retired lawyers with extensive experience.
>> To appoint experienced lawyers on a two-year contract and to undertake, at the behest of the Supreme Court, to deal exclusively with late cases.
>> To amend the Courts Law so that pending court cases are referred to arbitration or mediation, in order to save the Courts valuable judicial time. According to Mr. Clerides, arbitration will be led to cases that will not require a range of testimony and can be completed even remotely, with lawyers being in their offices and not in the Courts. According to him, the Cyprus Bar Association operates an Arbitration and Mediation Centre consisting of a three-member committee composed of: The President of the Limassol Bar Association, Harris Demetriou, the head of the Mediation Committee of the Cyprus Bar Association, Andreas Demetriou, and the member of the Board of Directors of the Cyprus Bar Association, Andreas Michaelides, At the same time, experienced lawyers will also be mediators. Interim applications, appeals and proceedings before the Administrative Court will be brought to arbitration or mediation. However, criminal cases will not be arbitrated.
>> Another suggestion concerns the introduction of the system of remote adjudication of cases (ODR). As Mr. Clerides explained, for interim applications, appeals and cases of the Administrative Court, the parties will be able to express their positions to the Court, from their office through the online platform Zoom. This will save valuable time.
>> The lawyers are also calling for the new rules of civil procedure prepared by Lord Dyson to be put in place to implement the procedure of recording a trial, rather than shorthand.
>> The president of the Cyprus Bar Association also said that one solution for cases that are delayed is the creation of small courts for lawsuits with a claim of up to €15,000.
>> Finally, another suggestion is that judges with five years of experience or more should be able to take on cases on a scale larger than they are currently entitled to. Thus, they will hear more larger-scale cases. All these suggestions, said Mr. Clerides, will contribute decisively to the speedy administration of justice and at the same time, with legislative amendments, other steps will be taken to regain the public's trust in the Courts.
Unprecedented recruitment of judges
In a constant and arduous struggle to recruit new judges, the Supreme Judicial Council is expected to meet around the end of January to seal the recruitment of 16 new appeals judges.
Already tomorrow, the 16 new judges of the new Supreme Constitutional Court and the Supreme Court will be sworn in at the Presidential Palace, following the changes that have taken place recently.
Then, the 16 new judges will be hired who will staff the Court of Appeal, which will operate in the former hotel "Filoxenia" in Aglantzia. Once the new appellate judges are recruited, it will be known how many existing judges will be appointed to the Court of Appeal, so that there will be similar vacancies of judicial positions in the lower Courts. New procedures will be needed to recruit new district judges, new senior judges and new court presidents. All recruitment and promotion procedures should be completed by June, since on July 1, 2023, everything should be ready for the new justice system to work in the country, as approved last year by the Parliament.
Also, the recruitment procedures of 11 district judges are currently "running", while another seven will be hired, five to staff the Commercial Court and two to the Admiralty Court. All this creates new data in the judicial system and promotes our country as a place for resolving international judicial disputes, something that was lacking until today.
Justice's big bet
Justice today in Cyprus, and this is confirmed by studies, is ill. Cases have been delayed for years. A civil case at first and second instance takes 11 years to clear up. The lawyers' suggestions are a step in the right direction. The Supreme Court, which knows first-hand the problems, will have to approach them with a positive eye in order to move into the new era. It is the last chance to show that things are being done in the area of justice too that other countries dared to do decades ago. It is inconceivable that a citizen should have a financial dispute with someone €2,000 and need 6-8 years to find his law.
Solutions exist to push Justice forward, as long as they are adopted. One issue that arises is to find the right judges. Here's the big bet to be won.
Ps.D
