Filenews 11 March 2023 - by Fanis Makridis
The Cyprus Bar Association (GPP) is rushing to act proactively with the aim of a smooth transition to the new era of the justice sector. Its president, Christos Clerides, in his letters in recent days to two members of the new government points out gaps and concerns.
The subject of his written positions are outstanding issues that exist in view of the reform of the Judiciary, but also open issues in relation to the building infrastructure that is either intended to accommodate the newly established courts, or exists and needs to be upgraded.
The reason is obvious. From 1 July, the curtain opens on this great undertaking and there will be a particularly crucial transition period, the normality of which will depend on the support of the executive.
Mr. Clerides has already sent two letters to the Minister of Justice and Public Order Anna Prokopiou-Koukkidis (1/3 and 07/03) and one to the Minister of Transport, Communications and Works, Alexis Vafiadis. In fact, he has already arranged a meeting with Mrs. Prokopiou-Koukkidis for March 30.
In his first letter to the new Minister of Justice, which was sent from the day she took over her portfolio (1/3), after congratulating her and stressing the need for constructive cooperation with the GPP, he lists about 20 points related to the field of justice. The pending issues that - among other things - have to do with bills, the recruitment of administrative staff and the ongoing modernization of the Judiciary, are some of the issues highlighted by Mr. Clerides. The latter is expected to discuss them with the minister at their meeting already arranged for 30/3.
Here are some of them, exactly as they are recorded: ODR hearings, e-justice, digital recording, increase in the number of judges, appointment of retired lawyers and judges, amendment of the Courts Law for referral of cases to mediation and arbitration, amendments to the Lawyers Law, the Civil Procedure for the enforcement of decisions, the Contracts Law - drafting of sales by lawyers, institutional framework of Legal Aid, institutional framework of professional secrecy, staffing with clerical staff of the new Court of Appeal, the new Courthouse, the bills on Family Law and compliance of the administration with annulment decisions, the revision of the Tax Council, the increase of administrative staff of Courts, amendment of the Courts Law on scales of jurisdiction and various other bills.
The President of the Cyprus Bar Association sent a new letter to Mrs. Dotsi-Prokopiou last Tuesday, on the occasion of the latest developments with "Filoxenia". The former hotel will host three newly created courts. These are the Court of Appeal, the Commercial Court and the Admiralty Court. But it seems that an issue arises.
According to a recent report by "F" (4/3), the outgoing Council of Ministers took a decision in order for "Filoxenia" to be used as a Press Center for the needs that will arise from the fact that Cyprus will take over the European presidency in the first half of 2026. For this reason, the site should be abandoned from 2024. This means that a housing issue will arise with the new courts.
Mr. Clerides, therefore, in this second letter to the Minister, emphasizes in a strong tone that in no way can this happen, indicating that another solution must be found. Besides, the president of the Cyprus Bar Association, in a public intervention in the previous days on this issue, was intense: "On the first of July 2023, the 16 new Appeals Court judges and seven judges of the Commercial Court and the Admiralty Court, with all the necessary staff, should be in their offices in Filoxenia. The rest is not a problem for the Ministry of Justice but for the Ministry of Foreign Affairs. Let's solve it. The courts do not move. They are not ambulatory. We have to be serious at last."
In this second most recent letter, to the Minister of Justice, Anna Prokopiou-Dotsi, Mr. Clerides points out that the administrative staff for these new courts that will be housed in "Filoxenia" should also be hired in time. Already, however, the works in the former hotel have been completed, with the outgoing minister, Stefi Drakou, inspecting them and expressing satisfaction with the work done.
A lot of work is pending in the Nicosia courts
In a letter to the Minister of Transport, Communications and Works, Alexis Vafiadis, the president of the Cyprus Bar Association, raises the issue of improvement works in the court premises.
As is well known, the biggest problem is focused on the premises of the Nicosia Courts. Significant upgrades have already been made. However, work is pending in other rooms such as those hosting criminal cases.
What Mr. Clerides records, therefore, also concerns the court buildings in Nicosia and the projects that have been launched.
It should be noted that at this time no improvement works can be carried out during periods when the Courts are in operation. The works completed so far were done during holiday periods. It is therefore necessary to respect the original planning that has been set. Something that Mr. Clerides himself pointed out, speaking to "F".
Indicative of the situation prevailing in the courts, however, is that cases of public interest, some of which are to be tried at the Assize Court of Nicosia, are already being conducted with obstacles due to the inadequacy of the rooms. The case concerning the infamous al-Jazeera report and two other naturalizations is indicative. In some of the trials, lawyers were standing at the entrance to the courtroom and in general the space was insufficient to accommodate those who wanted to attend the proceedings. It is noted that the need to upgrade the judicial facilities of the capital has been highlighted since the late 60s.
It should also be noted here that more cases will accumulate and the judicial system will be under pressure after 1 July. In this case, the example with the case of Al Jazeera is illustrative. The president of the three-member Assize Court that hears it, from July 1, will be one of the 16 Appellate Courts. Since the time until July 1 is not enough to complete the trial (the hearing did not even begin), the case will be bequeathed to the new three-judge body.
In a letter to the Minister of Transport, Communications and Works, Alexis Vafiadis, the president of the Cyprus Bar Association, raises the issue of improvement works in the court premises.
As is well known, the biggest problem is focused on the premises of the Nicosia Courts. Significant upgrades have already been made. However, work is pending in other rooms such as those hosting criminal cases.
What Mr. Clerides records, therefore, also concerns the court buildings in Nicosia and the projects that have been launched.
It should be noted that at this time no improvement works can be carried out during periods when the Courts are in operation. The works completed so far were done during holiday periods. It is therefore necessary to respect the original planning that has been set. Something that Mr. Clerides himself pointed out, speaking to "F".
Indicative of the situation prevailing in the courts, however, is that cases of public interest, some of which are to be tried at the Assize Court of Nicosia, are already being conducted with obstacles due to the inadequacy of the rooms. The case concerning the infamous al-Jazeera report and two other naturalizations is indicative. In some of the trials, lawyers were standing at the entrance to the courtroom and in general the space was insufficient to accommodate those who wanted to attend the proceedings. It is noted that the need to upgrade the judicial facilities of the capital has been highlighted since the late 60s.
It should also be noted here that more cases will accumulate and the judicial system will be under pressure after 1 July. In this case, the example with the case of Al Jazeera is illustrative. The president of the three-member Assize Court that hears it, from July 1, will be one of the 16 Appellate Courts. Since the time until July 1 is not enough to complete the trial (the hearing did not even begin), the case will be bequeathed to the new three-judge body.
INTERVENTION
No magic wand
The reform of the Judiciary has not been implemented and is not achieved by waving a magic wand. Although it has been set in motion, this phase, as well as the time period following 1 July, is crucial. The judiciary should be supported by the executive in order to make the transition to the new realities as painless as possible. The interventions of the Cyprus Bar Association in this regard must be taken seriously into account. The GPP represents lawyers, who are in daily contact with the judicial system and are able to be aware of the problems, but also to see the risks.
