Filenews 1 February 2023 - by Fanis Makridis
Another step towards the implementation of justice reform. Yesterday, the names of the 16 judges who will make up the Court of Appeal were officially announced by the Transitional Supreme Judicial Council. The appellate judiciary after the adoption of a bill will start hearing cases from July 1. Among the 16 members of the newly created Court of Appeal are 11 judges/ presidents of first instance judicial bodies, two judges of the Administrative Court and three lawyers.
The announcement of the positions had been made on 23/9/2022, with the Transitional Supreme Judicial Council deciding to offer an appointment for the position of Judge of the Court of Appeal to the following candidates: Agni Efstathiou – Nikoletopoulou (Judge of the Administrative Court), Alexandros A. Panagiotou (President of the District Court), Antonis Konis (President of the District Court), George Serafim (Judge of the Administrative Court), Dimitris I. Kitsios (President of the District Court), Dimitris Lysandrou (Senior Lawyer of the Republic), Ifigeneia Stylianidou (Lawyer), Marina Papadopoulou (President District Court), Miranda Toumazi (President Family Court), Michalis Abizas (President District Court), Michalis G. Pikis (Lawyer), Panagiota Kyriakidou – Zisimou (President District Court), Rea Limnatitou (President District Court), Stavros Stavrou (President District Court), Stella Christodoulidou – Messiou (President District Court), Charalambos Charalambous (President District Court).
The vice-president of the Cyprus Bar Association (GPP), George Christofides, commenting on the appointments with his placements in "F", expressed satisfaction. Referring to the fact that the members of the Court of Appeal include three lawyers (D. Lysandrou, I. Stylianidou and M. Pikis), he spoke of a large profit. He explained that the contribution of the GPP was recognized but at the same time a request was met. Another positive point, according to what he told us, is that "the yearbook was followed" in terms of appointments, while specialization is also ensured, given that judges of the Administrative Court were appointed to the reviewing department.
The 16 Appellate Judges will have a basic salary of €111,450 each year, which means that the total annual cost for the judges' payroll alone will reach €1.8 million. (€1.783.200).
It should be noted that under the amendment of the legislation, the President of the Court of Appeal maintains an advantage over the other judges of the Court of Appeal and exercises the administrative duties of the President. The appellate judiciary will operate in civil, criminal and revisionist divisions. The civil jurisdiction of the Court of Appeal includes that of the courts of special jurisdiction. The President of the Court of Appeal, with the approval of the Supreme Court, will be able to allocate work to each of its members, determine the composition and appoint the President of each Chamber.
Reflection
The Court of Appeal is presented as an antidote to deal with the large number of pending cases and the phenomenon of delay in the administration of Justice. At the moment, there is talk of about 6,000 pending appeals involving more than 2,000 lawyers. At the same time, around 40,000 cases are pending in the District Courts (25,000 since 2018).
However, despite the launch of the whole process for the establishment of the Court of Appeal and the appointment of the 16 new members, there is concern about side effects caused. Legal circles express concern and talk about the weakening of the District Courts, since this is where the Appellate Courts were drawn. In this case, 13 judges have been appointed to the appellate judiciary, most of whom are presidents of District Courts.
The debate that took place in the Parliamentary Committee on Legal Affairs in the middle of last November is typical. On the part of the Supreme Court, the position was generally expressed for the deforestation of the Courts of the lower ranks, because their presidents and senior district judges are appointed to the Courts to be established. That is why the implementation of justice reform was finally extended from 1/1/2023 to July 1.
However, as a counter-argument to the concerns expressed, the position is put forward that there will certainly be a difficult transition period, but solutions will be found. Those who appear reassuring refer to the creation of the other judicial bodies (e.g. the establishment of a Commercial Court and a Naval Court, but also under promotion an amending bill for the creation of Courts for the resolution of small claims), as well as other measures in the context of the reform of the Judiciary, with which all problems will be addressed in the medium term. It is noted that i-justice has already begun to be implemented, while e-justice is expected to be implemented. Moreover, the President of the Republic, Nicos Anastasiades, on January 20 proceeded to the appointment of the presidents and members of the Supreme Constitutional Court (9 members) and the Supreme Court (7 members).
BEHIND THE LINES
Now the hard times begin...
The reform of the judiciary is under way but this does not mean that from 1 July we will experience immediate positive effects in the sector. There will be a relatively long transitional period until what is required is achieved. During it, problems are most likely to occur that were not foreseen. The most important thing, however, is that the cooperation of the State, the Parliament and all those who are part of the justice sector will be needed to overcome any obstacles. In other words, the water has entered the groove, but much more will still need to be done. One of the important issues is the facilities of the Courts in Nicosia, which since the 60s have been deemed unsuitable...
