Sunday, June 22, 2025

MICHALIS VORKAS - CHANGES IN JUSTICE ARE 'STUCK'

 Filenews 22 June 2025 - by Michalis Hatjivasilis



Stagnation in the changes that began two years ago in the Judiciary, resulting in time being eaten away at and developments overtaking us, is recorded by the president of the Cyprus Bar Association, Michalis Vorkas.

In an interview with "F" on the occasion of the report of the Audit Service on the Judicial Service, he does not hesitate to point to the Supreme Court on the pathogens that are presented. Mr. Vorkas, who has a deep knowledge of the problems of Justice, emphasizes that we have exceeded the timetable for an Independent Courts Service by one and a half years, speaks of a lack of public trust in the Justice due to delays, which is why the number of case registrations has fallen sharply. It also notes a lack of coordination for the new Nicosia Court and observes that the neglect of justice affects the Republic.

– The report of the Audit Service concerning the Judicial Service was recently released. It seems that there is a serious gap with the administration of the Courts. How do you comment on it;

– The problems recorded in the Report of the Audit Service on the Judicial Service have been highlighted as a Pancyprian Bar Association quite a few times, both in our letters to the competent authorities and at the level of public debate. At the same time, however, we have submitted and continue to submit documented proposals for the improvement of the justice system.

In particular, as far as the operation of the independent Courts Service is concerned, we have repeatedly stressed that it is urgent. It should also be noted that the establishment of the independent Courts Service was the main objective of the project for the "Establishment of an Independent Courts Service (IGS) and Reorganisation of the Protocols", which started in February 2021 and was completed at the beginning of 2023 with the submission of the final Report, co-funded by the European Commission and the Council of Europe. According to the roadmap for the implementation of the final Report of the Project, the relevant bill should have already been submitted and adopted by January 2024. A year and a half has passed since that deadline.

While everyone advocates chronic pathologies in the justice sector, dozens of modernization proposals remain on ice. Among these, in addition to the Independent Courts Service, are the necessary reforms to speed up primary jurisdiction, the introduction of remote hearings, technological upgrades, case grouping/specialisation of judges, the recruitment of legal assistant judges (Clerks), the creation of a Court for small claims, the staffing of courts with qualified staff and the promotion of arbitration and mediation. Also, the staffing and operation of the Commercial Court and the Naval Court, where it is at the interview stage, is pending. However, we are justifiably concerned about the completion of the procedures.

Following the reform at the highest judicial level and the implementation of the new Civil Procedure Regulations, there is a long and largely unjustified delay in the implementation of further substantive changes. Let's remember the ineffective attempt to transition from ijustice to ejustice in January 2024. Since then, and after our strong and coordinated reactions to the inadequacy of the system, we have continued with an intermediate case registration system (ijustice), which should already have received the necessary upgrades.

Therefore, by repeating the same findings without counterweight to actions, we do not proceed with modernization but remain in a stagnation. Lawyers as officials of justice, society, the citizens of our country in general, demand a justice that will be a guarantee for the rule of law and a real measure of protection of inalienable rights.

The sharp decline in registrations is probably the opposite. From 30,000 – 40,000 registrations per year until a few years ago, today we count barely 5,000 registrations nationwide. This fact should cause us concern, as it demonstrates the lack of confidence of citizens in the effectiveness of the justice system.

The long-standing pathologies will remain timeless if the appropriate determination is not demonstrated by the competent authorities, and especially by the Supreme Court, in order to implement breakthroughs and changes in accordance with the expressed commitments. A basic prerequisite is also that the state invests sufficient resources in the infrastructure and human resources that staff the structure of the Courts.