Filenews 1 March 2023
With two appeals pending before the Supreme and Administrative Court, the future of local government reform is being judged even before it is implemented. The first one registered by the Municipality of Aglantzia and concerns the substance of the reform, calls for the annulment of the law of the Parliament because there was no prior consultation with the municipalities involved or referendums. With the second, the extension of the term of office of mayors and municipal councils until the European elections of 2024 is judged.
By decision of the Administrative Court on February 24, an application by the Attorney General to appear as a friend of the Court was accepted in the appeal proceedings of a company in Paphos, which raised legal issues related to the extension of the term of office of the mayors and municipal councils serving on 1.1.2022.
According to the facts surrounding the case, the Municipality of Paphos by its decisions dated 20.1.2022 and 28.1.2022 respectively, prohibited the use of a building owned by the applicants and issued an enforcement notice by which the use of the building from organized apartments to residential was made. In their appeal, the applicants put forward as a ground for annulment that the extension of the term of office of the respondents resulting from the above amendment violates Article 173 of the Constitution and Article 3 of the First Protocol to the ECHR. And while the proceedings were ongoing, he requested that the Attorney General intervene as a friend of the Court. The Municipality objected to the application for intervention and they suggested that the Attorney General is not a party to the proceedings, is not in a position to offer an impersonal, neutral and objective opinion to the Court since he is the legal adviser to the executive who prepared and promoted the disputed bill and that the intervention is intended to serve government policy and not to assist the Court.
As stated in the decision, it is not clear from the above report how the forthcoming reform of the framework for action and operation of municipalities is linked to the extension of the term of office of mayors and municipal councils. 'On this point, I consider that the contribution of the Advocate General would be useful to the Court in order to ascertain the correct answers since the parties are not expected to be in a position to know the answers to the above questions.' The Attorney General is, the Court adds, by virtue of the Constitution, an independent official of the Republic charged, as Article 113.1 of the Constitution provides, with the work of the legal adviser of the Republic. This responsibility does not deprive the institution of its independence while at the same time it is the person with jurisdiction ratione materiae to enlighten the Court of the reasons why the executive has acted in a specific way in a particular way so as to facilitate the ultimate objective of the Court, which is none other than the administration of justice. After allowing the intervention of the Attorney General, the Court set the case for instructions on 8.3.2023.
As regards the Municipality of Aglantzia, which is to become integrated within the Municipality of Nicosia, its appeal alleges that there is a conflict between the legislative and executive powers and that the contested legislation violates very important articles of the European Charter of Local Self-Government and in particular Article 5, which provides for consultation with local communities and / or referendums. The hearing of the appeal before the Full Court of the Supreme Court has been completed and the decision was reserved.
