Association Internationale des Hautes Juridictions Administratives
International Association of Supreme Administrative Jurisdictions

Cyprus

Mrs Katerina Stamatiou
 - Chief Justice
Supreme Court, Charalambos Mouskos Str 1102, Nicosia, Cyprus

1. Composition and structure

Number of members:

Thirteen including the President.

Recruitment procedures and incompatibilities:

Appointment by the President of the Republic. In practice the recommendations of the Supreme Court are sought. The holder of judicial office cannot hold any other office or position.

Internal organization:

One President, twelve judges.

Publications (yearly reports, magazines... ):

The Cyprus Law Reports.

 

 

2. Jurisdictional attributions and advice

2.1. Court functions

Jurisdiction:

(a) Appellate Jurisdiction.
(b) Revisional Jurisdiction.- Recourses against decisions, acts, or omissions of the administration.
(c) Prerogative writs including habeas corpus designed to ensure that the detention of anyone is justified and Certiorari primarily intended to ensure that lower courts operate within the bounds of their jurisdiction and in accordance with the norms of natural justice.
(d) Constitutional - procedural and remedial, designed to ensure that laws, rules and regulations are in conformity with the Constitution.
(e) Electoral Court.
(f) Admiralty.

Organization of the courts system:

The Supreme Court is at the top of the pyramid of the judicial power. All other courts are courts of first instance, subordinate to the Supreme Court. The principal Courts of first instance are the District Courts operating at every district. The other first instance Courts are:
(a) Family Courts
(b) Courts of Industrial Disputes.
(c) Rent Control Courts.
(d) military Court.

Powers of the judge ( annulment, reversal, compensation... ):

1. Civil Court
    (a) Declaratory judgments.
      (b) Award of damages, interest and costs.
      (c) Mandatory and prohibitory injunctions.
      (d) Specific performance.
      (e) Appointment of receivers.

2. Criminal Courts
     (a) Imprisonment.
      (b) Fines.
      (c) Recognizance to keep the law.
      (d) Probation

3. Courts of Revisional jurisdiction -
      Annulment of the act, decision or omission that is the subject of judicial review.

4.     Constitutional Court Jurisdiction
      (a) Pre-emptive control upon a Reference by the President of the Republic.
Declaring the law unconstitutional whereupon the law is not promulgated.
      (b) Remedial control - Declaring the law, Rukes or Regulations unconstitutional whereupon the law is ignored for the purpose of resolving the dispute at issue.

 

 

2.2. Advisory functions 

None

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