Polycarpos Philippou and Associates LLC provide legal advice and representation before the Supreme Court of Cyprus, to every individual, institution or business, regarding issues of Administrative law.
Acts or Omissions of an Administrative Nature
Individuals, institutions and businesses can challenge administrative decisions by filing a recourse / an 'application for annulment' for the specific act, within 75 days from the date that decision or act was published or from its notification to the individual, institution or business. In case of an omission, the application must be filed from the date when it came to the knowledge of the applicant. After the lapse of the 75 days, no legal action can be taken against such decision or act, as it becomes void and irrevocable.
An application for annulment can be filed against executor administrative acts or omissions.
Common examples of administrative acts, subject to the judicial review process provided by Art. 146 of the Constitution are: imposition of tax, transfers, promotions and disciplinary penalties of public officers, administrative contracts for public works, supplies and services, decisions of generally all the administrative organs within their competence (e.g. the EAC, the Cyprus Land Development Authority), administrative decisions regarding the residence of foreigners in Cyprus, deportations and expulsions of asylum seekers and administrative decisions for the preparation of local plans and the determination of plan zones.
Regulatory Administrative Acts , Private Law Acts, Governmental Acts, Administrative measures relating to internal matters, Confirmatory acts, Preparatory Acts, Acts of execution and acts of informative nature cannot be challenged before the Supreme Court of Cyprus.
The applicant can only be the person who has immediate and personal legitimate interest.
The procedure begins with the filing of the application by the applicant. Then, the Respondent must file an opposition within 21 days. In case interested parties have a legitimate interest they can intervene. The parties file written submissions, specifying the issues under dispute, in the following order: written submissions by the applicant, written submissions by the respondent and a written response by the applicant. The applicant has a right to inspect the administrative file. Then, the case is set for final clarifications and the filing of the administrative file at Court. At that stage, the judgment is reserved and parties are notified by the Registrar when the judgment is to be announced.
The Supreme Court after trying the recourse may ratify the whole or in part of the act or omission challenged, annul in whole or in part the act or decision challenged, or declare the omission in whole or in part void.
It must be noted that, when trying a recourse, the Supreme Court of Cyprus acts as an annulling court, not as a court of substance. It proceeds to review the legality of the administrative act, not to exercise its purposive control. When annulling a decision or an act, the Court cannot mend or replace it with its own decision, as in that case it would violate the strict separation of powers safeguarded by the Constitution.
Any judgment rendered is binding on all Courts, organs or authority and it must be acted upon those concerned.
An appeal can be filed within 42 days from the date the judgment was rendered.
For more information please contact us.