The Administration of Justice (Miscellaneous Provisions) Act of 1964 (33/1964)

The Administration of Justice (Miscellaneous Provisions) Act of 1964 (33/1964)

Preamble
WHEREAS recent events have made it impossible for the Supreme Constitutional Court and the Supreme Court to function and for the administration of justice in other respects;

And given that the unhindered continuation of the administration of justice, unhindered by the situation created as a result of these events, is imperative, as is the continuation of the exercise of the jurisdiction previously exercised by the Supreme Constitutional Court and the Supreme Court;

And given that it has become necessary to take legislative measures in this regard until the Cypriot people have expressed their opinion on these issues

WHEREAS recent events have rendered impossible the functioning of the Supreme Constitutional Court and the High Court and the administration of justice in other respects; And given that it is imperative that the smooth continuation of the administration of justice, unhindered by the situation created as a result of these events, as well as the continuation of the exercise of the powers of the Supreme Constitutional Court and the High Court until such time as And given that it has become necessary to take legislative measures in this regard until the Cypriot people have expressed their opinion on these issues.
PART I PRELIMINARY
Short title

  1. The Administration of Justice (Miscellaneous Provisions) Laws shall be referred to together as the Administration of Justice (Miscellaneous Provisions) Laws of 1964 to 1991.

33/1964
Hermeneutics
2.-(1) In this Law, unless otherwise provided in the text-

“Supreme Court” for the purposes of subsection (1) of section 3 of subsection (1) and paragraph (a) of subsection (3) of section 9 means the Supreme Court established by Article 153 of the Constitution;

“Supreme Judicial Council” means the Supreme Judicial Council established under Article 157 of the Constitution;

“Supreme Constitutional Court” means the Supreme Constitutional Court established under article 133 of the Constitution;

“Supreme Constitutional Judicial Council” means the Supreme Constitutional Judicial Council established under Article 135A of the Constitution;

“Republic” means the Republic of Cyprus;

“Administrative Court” means a court which exercises the first instance jurisdiction provided for in Article 146 of the Constitution and includes each Judge thereof;

“Administrative Court of Appeal” means the court established under the provisions of article 3B;

“proceedings” includes civil and criminal proceedings;

“law” means the Constitution or any other law, and includes secondary legislation;

“Court” means the Supreme Court established under Article 3 as it functions and as it functioned immediately before 1 July 2023;

“Court of Appeal” means the court established by article 3A.

(2) The terms not otherwise specified in this Law shall, unless otherwise provided for in the text, have the meaning assigned to them by the Courts Law of 1960.

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PART II SUPREME COURT
Establishment and composition of a Court
3.-(1) A Supreme Court is hereby established in the Republic to continue the exercise of the jurisdiction hitherto exercised by the Supreme Constitutional Court and the Supreme Court, subject to the provisions of this Law.

(2) The Court shall consist of thirteen Judges, of whom he shall exercise the functions of President.

(3) Every member of the Supreme Constitutional Court and the Supreme Court holding his position on the date of entry into force of this Law shall become a member of the Court from the same date, and shall hold his position under the same conditions of service as before that date.

(4) The most senior member of the Court shall also be its first President; thereafter, in the event of vacancy of the position or temporary incapacity or absence of the President of the Court, the President of the Republic shall appoint the President of the Court from among its members.

(5) Unless otherwise expressly provided in this Law, all Judges shall have equal authority and jurisdiction in all respects, and shall be appointed in accordance with the usual manner previously adopted for the appointment of judges of the Supreme Constitutional Court and the Supreme Court.

(6) The President of the Court is entitled to seniority over all the Judges of the Court, provided that seniority is based on their seniority.

(7) For the purposes of this Law, seniority is defined as follows:

(a) in the case of Judges who become members of the Court by virtue of subsection (3), their seniority shall be determined from the date of publication of their appointment in the Official Gazette of the Republic as Judges of the Supreme Constitutional Court or of the Supreme Court, as the case may be.

It is understood that if the publication of their appointment occurs on that date, their seniority shall be determined with reference to the duration of service of each in the judicial service of Cyprus and in the case of persons who did not hold any judicial position prior to their appointment, their seniority shall be determined based on the priority of their appointment document.

(b) in all other cases, seniority is determined from the date of publication of his appointment as a Judge in the Official Gazette of the Republic.

(8)(a) The Court, as of 1 July 2023, shall operate as the Supreme Constitutional Court and as the Supreme Court, each of which shall exercise jurisdiction, as provided for in the provisions of article 9.

(b) The Supreme Constitutional Court referred to in paragraph (a) shall consist of a number of Judges not exceeding nine (9), of whom one (1) shall act as President.

(c) The Supreme Court referred to in paragraph (a) shall consist of a number of Judges not exceeding seven (7), of whom one (1) shall act as President.

(d) Each Judge of the Court, who immediately before 1 July 2023 held the position of member of the Court (hereinafter referred to as “existing Judge”), from that date and thereafter becomes a member of either the Supreme Constitutional Court or the Supreme Court, after having previously exercised the right of choice to the President of the Republic and continues to hold the position under the conditions under which he served before that date:

It is understood that, in the event that, based on the selection of an existing Judge made in accordance with the above, the number of Judges of the Supreme Constitutional Court and/or the Supreme Court exceeds the number provided for in paragraphs (a) and (b), the President of the Republic shall, before 1 July 2023, take a decision as to which existing Judge shall become a member of the Supreme Constitutional Court and which existing judge shall become a member of the Supreme Court, first selecting the most senior Judge, then the Judge who follows in seniority the first selected and so on.

(e) Subject to the provisions of paragraph (d), the President of the Republic shall, before 1 July 2023, appoint-

(i) the President and the other Judges of the Supreme Constitutional Court; and

(ii) the President and the other Judges of the Supreme Court:

It is understood that the President of the Republic shall appoint a current Judge, who immediately before 1 July 2023 held the position of President of the Court as President of the Supreme Constitutional Court or the Supreme Court, depending on the choice made by the relevant current Judge:

It is further understood that each person appointed to the Supreme Constitutional Court or the Supreme Court shall serve under the same conditions of service and salary as an existing Judge.

(f) In the event of a vacancy in the position or temporary incapacity or absence of the President of the Supreme Constitutional Court or the President of the Supreme Court, the President of the Republic, as the case may be, shall appoint from among the members of the said court, permanently or temporarily, the President of the court in question.

(g) Subject to any contrary provision of this Law, the Judges of the Supreme Constitutional Court and the Judges of the Supreme Court are at all times equal and are addressed in the usual manner of addressing a Judge of the Court.

(h) The President of the Supreme Constitutional Court shall have precedence over the other Judges of the Supreme Constitutional Court, and in the same manner, the President of the Supreme Court shall have precedence over the other Judges of the Supreme Court:

It is understood that each of the above presidents represents the Court before any authority regarding matters within its competence.

(i)(i) The precedence between Judges of the Supreme Constitutional Court and the precedence between Judges of the Supreme Court, as well as the precedence between Judges of both courts, depends on the precedence between them due to seniority.

(ii) For the purposes of subparagraph (i)-

(aa) seniority among Judges who become members of the Supreme Constitutional Court or among Judges who become members of the Supreme Court, as provided for in paragraph (d), shall be determined on the basis of the date of publication of each one’s appointment as a Judge of the Court in the Official Gazette of the Republic:

It is understood that, in a case where the publication of the appointment of the above Judges was carried out on the same date, the seniority between them is determined by reference to the length of service of each in the Judicial Service of the Republic and, in the case of an appointee who did not hold any judicial position prior to his appointment, his seniority is determined based on the priority resulting from his appointment document; and

(bb) the seniority of those appointed as members of the Supreme Court or as members of the Supreme Constitutional Court, without having previously held the position of member of the Court, is determined based on the date of publication of each person’s appointment as a Judge of the Supreme Constitutional Court or as a Judge of the Supreme Court in the Official Gazette of the Republic:

It is understood that, in a case where, in accordance with the above, the publication of the Appointment of Judges in the Official Gazette of the Republic bears the same date, seniority is determined by reference to the duration of service of each person in the Judicial Service of the Republic and, in the case of an appointee who did not hold any judicial position prior to his appointment, seniority is determined based on the priority resulting from the document of appointment of each person.

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Establishment of the Court of Appeal
3A.-(1) There is hereby established a Court of Appeal, which shall be a court of second instance and from the date of the issuance of the Notification provided for in subsection (2) of section 22 of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022, shall exercise the jurisdiction provided for in paragraph (a) of subsection (4) of section 9 and from the date of the entry into force of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2025, shall exercise the jurisdiction provided for in paragraph (b) of subsection (4) of section 9.

(2) The seat of the Court of Appeal shall be the capital of the Republic and the place of meetings shall be a building, which the Minister of Justice and Public Order shall grant for this purpose, after consultation with the Supreme Court:

It is understood that the Court of Appeal may also meet in any other province of the Republic, in a building allocated for this purpose by the Minister of Justice and Public Order, following a Notification of the Supreme Court published in the Official Gazette of the Republic, in which case the Republic for this purpose is considered to be divided into two (2) provinces:

It is further understood that the Supreme Court may, for the purposes of the smooth operation of the Court of Appeal, differentiate by Procedural Regulation the boundaries of the provinces or divide any province or unify two (2) or more provinces:

It is further understood that, for the period preceding 1 July 2023, the prescribed powers and authorities of the Supreme Court shall be exercised by the Court.

(3)(a) The Court of Appeal shall consist of a number of Judges not exceeding sixteen (16), as the interests of justice require, on the basis of the respective budget of the Republic, who shall be appointed by the Supreme Judicial Council provided for in article 10, which shall also determine its president from among them.

(b) The President of the Court of Appeal maintains precedence over the other Judges of the Court of Appeal and exercises the administrative duties of the president.

(4) The Court of Appeal may operate in divisions of civil and criminal jurisdiction (hereinafter referred to as “Divisions”), as may be determined by Procedural Regulation:

It is understood that the civil jurisdiction of the Court of Appeal also includes the jurisdiction of the courts of special jurisdiction.

(5) The President of the Court of Appeal, with the approval of the Supreme Court, may proceed to the distribution of work to each member thereof, determine the composition and appoint the president of each Department and assign to each Department separately the exercise of the secondary jurisdiction exercised by it, namely civil and criminal:

It is understood that, in the event of any Judge being prevented from exercising his duties, the President of the Court of Appeal shall replace him with a Judge of the same or another Chamber.

(6) No person shall be appointed as a Judge of the Court of Appeal unless he is a lawyer possessing the qualifications for this purpose, with at least twelve years of experience in the practice of the profession and of high moral standing:

It is understood that the term “practice of the profession” includes service in the permanent Judicial Service or in the Legal Service of the Republic.

(7) During the process of appointing a Judge as a member of the Court of Appeal, the needs regarding the jurisdiction exercised by him are taken into account, as well as the breadth of knowledge or proven experience of the candidates in handling cases on matters of the jurisdiction exercised by him.

(8) The Supreme Court may, from time to time and depending on the needs of the Court of Appeal,-

(a) issues a Procedural Regulation to regulate the procedure before the Court of Appeal; and

(b) determines the number of Judges of the Court of Appeal and/or its Divisions, who will hear a specific matter.

(9) The salary of the President and the other Judges of the Court of Appeal is determined at an annual fixed basic salary of one hundred and eleven thousand and four hundred and fifty euros (€111,450):

It is understood that, to the basic salary, the general salary increases applicable to public servants are added, as well as the indexation allowance applicable at any time.

(10) Subject to the provisions of subsection (5), in the event of temporary incapacity or absence of the President or Judge of the Court of Appeal to exercise his duties, the Supreme Judicial Council may appoint another member of the Judicial Service who possesses the qualifications provided for in subsection (6) to temporarily perform the duties and, as the case may be, to exercise the powers of the President or Judge of the Court of Appeal for a period of time and under conditions specified in his appointment document.

(11) The Court of Appeal is staffed by registrars and employees whose number, powers, duties and responsibilities are determined by the Supreme Court by Procedural Regulation:

It is understood that, until the issuance of a Procedural Regulation, the regulations applicable to district court employees shall apply, mutatis mutandis:

It is further understood that the Court of Appeal is staffed by employees from the Public Service.

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Establishment of an Administrative Court of Appeal
3B.-(1) There is hereby established the Administrative Court of Appeal, which shall be a court of second instance and from the date of entry into force of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2025 shall exercise the jurisdiction provided for in subsection (5) of section 9.

(2) The seat of the Administrative Court of Appeal shall be the capital of the Republic and the place of meetings shall be a building which the Minister of Justice and Public Order shall grant for this purpose, after consultation with the Supreme Constitutional Court:

It is understood that the Administrative Court of Appeal may also meet in any other province of the Republic, in a building allocated for this purpose by the Minister of Justice and Public Order, following a Notification of the Supreme Constitutional Court, which is published in the Official Gazette of the Republic, in which case the Republic for this purpose is considered to be divided into two (2) provinces:

It is further understood that the Supreme Constitutional Court may, for the purposes of the smooth operation of the Administrative Court of Appeal, differentiate by Procedural Regulation the boundaries of the provinces or divide any province or unify two (2) or more provinces.

(3)(a) The Administrative Court of Appeal shall consist of a number of Judges not exceeding six (6), as the interests of justice require on the basis of the respective budget of the Republic, who shall be appointed by the Supreme Constitutional Judicial Council provided for in the provisions of article 10A.

(b) The Supreme Constitutional Judicial Council provided for in the provisions of article 10A-

(i) appoints, for such period as he deems appropriate, the President of the Administrative Court of Appeal; and

(ii) may replace the President of the Administrative Court of Appeal in a case in which he deems it appropriate.

(4) The Administrative Court of Appeal may operate in two (2) divisions, as determined by a Procedural Regulation.

(5) The President of the Administrative Court of Appeal, with the approval of the Supreme Constitutional Court, may proceed with the distribution of work to each of its members and determine the composition of its divisions: It is understood that, in the event of any Judge being prevented from exercising his duties, the President of the Administrative Court of Appeal shall proceed with his replacement by another Judge of the Administrative Court of Appeal.

(6)(a) No person shall be appointed as a Judge of the Administrative Court of Appeal unless he is a lawyer possessing the qualifications for this purpose, with at least twelve years of experience in the practice of the profession and of high moral standing:

It is understood that the term “practice of the profession” includes service in the permanent Judicial Service or in the Legal Service of the Republic.

(b) During the process of appointing a Judge as a member of the Administrative Court of Appeal, the breadth of knowledge or proven experience of the candidates in handling cases in matters of review jurisdiction is taken into account.

(7) The Supreme Constitutional Court may, at regular intervals and depending on the needs of the Administrative Court of Appeal, –

(a) issues a Procedural Regulation to regulate the procedure before the Administrative Court of Appeal; and

(b) determines the number of Judges of the Administrative Court of Appeal and/or its departments, who will hear a specific matter:

It is understood that, until the issuance of the Procedural Regulation provided for in the provisions of this article, the provisions of the Appeals (Revisional Jurisdiction) Procedural Regulation of 2023 shall apply.

(8) The salary of the Judges of the Administrative Court of Appeal is set at an annual fixed basic salary of one hundred and eleven thousand and four hundred and fifty euros (€111,450):

It is understood that, to the basic salary, the general salary increases applicable to public servants are added, as well as the indexation allowance applicable at any time.

(9) Subject to the provisions of subsection (5), in the event of temporary incapacity or absence of a Judge of the Administrative Court of Appeal to exercise his duties or where the interests of justice so require, the Supreme Constitutional Judicial Council may appoint a person, who possesses the qualifications provided for in the provisions of subsection (6), to temporarily perform the duties and exercise the powers of a Judge of the Administrative Court of Appeal, for a period of time and under the conditions specified in his appointment document.

(10) The Administrative Court of Appeal is staffed by registrars and employees whose number, powers, duties and responsibilities are determined by the Supreme Constitutional Court by Procedural Regulation:

It is understood that, until the issuance of a Procedural Regulation, the regulations applicable to District Court employees shall apply, mutatis mutandis: It is further understood that, the Administrative Court of Appeal is staffed by employees from the Public Service.

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Appointments
4.-(1) In the event of a vacancy in the office of a Judge of the Supreme Constitutional Court or of the Supreme Court, the President of the Republic shall fill it by appointing a new Judge, to be carried out within a period of forty-five days.

(2) The position of Judge of the Supreme Constitutional Court or of the Supreme Court shall become vacant when no appointment has been made to fill it, or upon the death, retirement, resignation, dismissal or refusal of the holder of such Judge to exercise his duties.

(3) Appointments under this article shall be made under the same conditions of service as those applicable to a Judge under the provisions of paragraphs (d) and (e) of subsection (8) of article 3.

(4)(a) An Advisory Judicial Council is hereby established to act in an advisory capacity to the President of the Republic, in the process of appointing Judges of the Supreme Constitutional Court or the Supreme Court, as to the suitability of the candidates for appointment, lawyers and Judges.

(b) The Judicial Advisory Council is an independent body, which-

(i) in a procedure for appointing members of the Supreme Constitutional Court, it is constituted by-

(aa) the President of the Supreme Constitutional Court as President;

(bb) the other Judges of the same court;

(cc) the Attorney General of the Republic, without the right to vote;

(dd) the President of the Cyprus Bar Association, without the right to vote; and

(ee) two (2) lawyers of recognized prestige and of the highest professional level, qualified for appointment as members of the Supreme Constitutional Court, without the right to vote, who are appointed following a recommendation from the Cyprus Bar Association and following the approval of the Supreme Constitutional Court; and

(ii) in a procedure for appointing members of the Supreme Court, it is constituted by-

(aa) the President of the Supreme Court as President;

(bb) the other Judges of the same court;

(cc) the Attorney General of the Republic, without the right to vote; and

(dd) the President of the Cyprus Bar Association, without the right to vote:

(ee) two (2) lawyers of recognized standing and of the highest professional standard, qualified for appointment as members of the Supreme Court, without the right to vote, who are appointed following a recommendation from the Cyprus Bar Association and following the approval of the Supreme Court; and

It is understood that, in the event of the absence or temporary incapacity of the President of either court, the duties of President of the Advisory Judicial Council shall be performed by the most senior member of the same court:

It is further understood that, in the event of the absence or temporary incapacity of the Attorney General of the Republic, the duties of a member of the Advisory Judicial Council shall be performed by the Assistant Attorney General of the Republic:

It is further understood that, in the event of the absence or temporary incapacity of the President of the Cyprus Bar Association, the duties of a member of the Advisory Judicial Council shall be performed by the Vice-President of the Cyprus Bar Association.

(c) In any procedure for the appointment of members of the Supreme Constitutional Court or the Supreme Court, the presence of five (5) members of the Advisory Judicial Council, including its President, constitutes a quorum.

(d) (i) The Advisory Judicial Council shall draw up a list of persons deemed suitable for appointment, in a number at least three times the number of vacant positions, provided that there are suitable candidates, and shall draw up an evaluation report for each one, which it shall submit in alphabetical order to the President of the Republic.

(ii) The evaluation report records the reasoned opinion of the Advisory Judicial Council regarding the suitability of each of the candidates, the content of which is of an advisory nature for the President of the Republic:

It is understood that the Advisory Judicial Council, when compiling the above list, takes into account the need to enrich the said courts with members drawn from qualified lawyers.

(e) The Advisory Judicial Council may issue regulations regarding its mode of operation.

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Qualifications of a Judge of the Supreme Constitutional Court and a Judge of the Supreme Court
5.-(1) No person shall be appointed as a Judge of the Supreme Constitutional Court or as a Judge of the Supreme Court unless he is a lawyer holding the qualifications for this purpose with at least twelve years of practice of the profession and of the highest professional and moral standard:

It is understood that, for the purposes of this subsection, “practice of the profession” includes service in the permanent Judicial Service or in the Legal Service of the Republic.

(2) Without prejudice to the provisions of subsection (1), for the appointment of a Judge of the Supreme Constitutional Court, the extensive knowledge of the appointee in matters of constitutional law or administrative law and/or European Union law and/or human rights law or the proven experience in handling such cases shall be taken into account.

(3) Without prejudice to the provisions of subsection (1), for the appointment of a Judge of the Supreme Court, the extensive knowledge of the appointee in matters of civil or criminal law and/or European Union law and/or human rights law or the proven experience in handling such cases shall be taken into account.

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The Judges of the Supreme Constitutional Court, the Supreme Court, the Court of Appeal and the Administrative Court of Appeal are members of the judicial service of the Republic.

  1. The Judges of the Supreme Constitutional Court, the Supreme Court, the Court of Appeal and the Administrative Court of Appeal are permanent members of the judicial service of the Republic.

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Temporary appointments
7.-(1) Following an opinion of the Supreme Constitutional Court or the Supreme Court, as the case may be, that, due to the temporary incapacity or absence of a Judge of the Court providing the opinion, it is appropriate to make a temporary appointment, the President of the Republic shall appoint persons holding the legal qualifications provided for in article 5, and from among the employees of the Judicial Service, as Judge of the Court providing the opinion for the period of time specified in the document of such appointment. It will not exceed two years.

(2) Every person appointed under subsection (1) shall, during the term of his appointment, have all the powers and perform all the duties of a Judge of the Court giving the opinion, in accordance with subsection (1).

(3) Persons appointed under this article may receive as remuneration an amount not exceeding the amount provided for the position to which they are so appointed; this remuneration shall be borne by the Permanent Fund of the Republic.

(4) Notwithstanding the provisions of this article, the President of the Republic shall have the power, after receiving the opinions of the Supreme Constitutional Court or the Supreme Court, to appoint the Court granting the opinions for the continuation of cases already pending and partially heard or for the issuance of reserved decisions for such period or periods not exceeding two years in total, in any case not extending beyond the eighth year of the person’s full age, and on such remuneration not exceeding the allowance for the position, in the amount specified in the document of appointment, and the temporary Judge so appointed shall possess all the powers and exercise all the duties of a Judge of the Court granting the opinions for the period for which he was appointed in relation to the duties assigned to him.

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Official assurances of a Judge of the Supreme Constitutional Court or the Supreme Court

  1. A judge of the Supreme Constitutional Court or of the Supreme Court appointed under article 4 or 7, before assuming the duties of his position, must take and sign before the President of the Republic the formal affirmation of loyalty to the Republic and the judicial oath according to the forms specified in the Schedule of the Courts Law of 1960.

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Judicial officers
8A. The Supreme Constitutional Court and the Supreme Court shall be staffed by registrars and employees whose number, powers, duties and responsibilities shall be determined by the Supreme Constitutional Court and the Supreme Court, respectively, by issuing Procedural Regulations:

It is understood that, until the issuance of the above-mentioned Procedural Regulations, the regulations applicable to District Court employees shall apply, mutatis mutandis:

It is further understood that, in the Supreme Constitutional Court and the Supreme Court, employees from the Public Service personnel serve.

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PART III JURISDICTION AND POWERS
Jurisdiction and powers of the Court, the Supreme Constitutional Court, the Supreme Court, the Court of Appeal and the Administrative Court of Appeal
9.-(1) Subject to subsections (2), (3) and (4), the Court shall have-

(a) the jurisdiction and authority which the Supreme Constitutional Court and the Supreme Court have heretofore been or may be exercised;

(b) the powers and authorities by which the Council is entrusted and which it may exercise to resolve all matters relating to the retirement, dismissal or otherwise relating to a Judge of the Supreme Constitutional Court or the Supreme Court due to such mental or physical incapacity, or disability which would render him incapable of exercising his duties either permanently or for such time as to render him practically incapable of exercising his duties. his/her continued stay in the position of Judge is impossible or due to someone’s misconduct.

(2) From 1 July 2023, the Supreme Constitutional Court has-

(a) The jurisdiction and power exercised by the Supreme Constitutional Court under the Constitution, unless otherwise provided in this subsection and, in the event of a reference before it on the issue of unconstitutionality under the provisions of Article 144 of the Constitution, the following shall apply:

(i) The reference submitted in accordance with the above must include a clear identification of the legal issues for which the exercise of the jurisdiction of the Supreme Constitutional Court is requested, a full statement of the factual data on which the questions submitted through the reference are based, a clear identification of the relevant provisions of the Constitution and of the contested Law or decision, as well as the reasons which led the court that referred the matter to consider the submission of such a reference as appropriate:

It is understood that the court that referred the matter, after hearing the parties before it, may include in its decision for referral its own reasoned opinion on the arising issue of unconstitutionality.

(ii) In the event that, in the judgment of the Supreme Constitutional Court, the submitted reference does not meet the conditions provided for in subparagraph (i), it may-

(aa) if the reference was submitted by a court other than the Supreme Court, to reject it.

(bb) to suspend the hearing of the referred matter until the court that referred the matter reviews the submitted referral, so that it meets the prescribed conditions.

(iii) In a case where the Supreme Constitutional Court considers that the referral submitted by a court other than the Supreme Court is not justified, it rejects it, informing the court that referred the matter and, in such a case, the referred matter shall be heard by the court that referred the matter;

(b) hears an appeal referred by the Administrative Court of Appeal against a decision of an Administrative Court on a matter of public law or major public interest or general public importance or coherence of law on conflicting or contradictory decisions of second-instance review jurisdiction:

It is understood that, in a case where the Supreme Constitutional Court considers that such a referral is not justified, it rejects it by informing the Administrative Court of Appeal, and, in such a case, the appeal is heard by the Administrative Court of Appeal;

(c) decides in third and final instance on the basis of an application submitted by the Attorney General of the Republic or any of the parties, following permission granted by him and following a prior review appeal procedure, on legal issues arising from the decision of the Administrative Court of Appeal, which are related to the differentiation of established case law or to the need for correct interpretation, either of a primary or secondary substantive legislative provision, or to a major issue of public interest or of general public importance or to a question of coherence of law on conflicting or contradictory decisions of second-instance review jurisdiction:

It is understood that, in accordance with the above, the application submitted must clearly specify the legal issues arising from the decision of the Administrative Court of Appeal, as well as the full reasons and necessary evidence supporting it, in order for the Supreme Constitutional Court to decide whether or not to grant the required permission:

It is further understood that, in such a case, the decision of the Administrative Court of Appeal shall be replaced by the decision of the Supreme Constitutional Court;

(d) a request for the disqualification of a Judge of the Administrative Court of Appeal and the Administrative Courts is heard, following the rejection of such a request for disqualification by the relevant court; and

(e) issues Procedural Regulations regarding the operation of the Administrative Court of Appeal, in accordance with the provisions of article 3B, and of the Administrative Courts.

(3) From 1 July 2023, the Supreme Court-

(a) exercises the jurisdiction and power conferred on the Supreme Court by the Constitution and by any other law, unless otherwise provided by the provisions of this subsection;

(b) hears an appeal referred by the Court of Appeal against a decision of a court exercising civil and/or criminal jurisdiction, including a court of special jurisdiction, on a matter of major public interest or general public importance or coherence of law on conflicting or contradictory decisions of second-instance civil or criminal jurisdiction:

It is understood that, in a case where the Supreme Court considers that such a referral is not justified, it rejects it, informing the Court of Appeal and, in such a case, the appeal shall be heard by the Court of Appeal;

(c) decides in third and final instance on the basis of an application submitted by the Attorney General of the Republic or any of the parties following permission granted by him and following a previous civil or criminal appeal procedure on legal issues arising from the decision of the Court of Appeal and related to the differentiation of established case law or to the need for correct interpretation, either of a primary or secondary substantive legislative provision, or to a major issue of public interest or general public importance or coherence of the law on conflicting or contradictory decisions of second-instance civil or criminal jurisdiction:

It is understood that, in accordance with the above, the application submitted must clearly specify the legal issues arising from the relevant decision, as well as the full reasons and necessary evidence supporting the request, in order for the Supreme Court to decide whether to grant the required permission:

It is further understood that, in such a case, the decision of the Court of Appeal shall be replaced by the decision of the Supreme Court;

(d) decides on the retrial by the Court of Appeal or by the court of first instance of criminal jurisdiction, as the case may be, of a criminal case in which a conviction was issued, either in first instance and final or on appeal, on the basis of new evidence or facts, which in its judgment may overturn, in whole or in part, the decision;

(e) shall deal with an application for the disqualification of a Judge of any other court other than the Supreme Constitutional Court, the Administrative Court of Appeal and the Administrative Courts following the rejection of such application for disqualification by the relevant court;

(f) issues Procedural Regulations regarding the operation of the Court of Appeal, in accordance with article 3A.

(4)(a) Subject to the provisions of subsections (2) and (3) and paragraph (b) of this subsection, from the date provided for in subsection (2) of section 22 of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022, the Court of Appeal shall constitute the court of second instance in the Republic and, unless otherwise provided, shall have jurisdiction to decide on any appeal against a decision of any other court, except the Supreme Constitutional Court and the Supreme Court.

(b) Subject to the provisions of subsections (2) and (3), from the date of the commencement of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2025, the Court of Appeal shall constitute a court of second instance in the Republic and, unless otherwise provided, shall have jurisdiction to decide on any appeal against a decision of any court, other than the Administrative Courts, the Supreme Constitutional Court and the Supreme Court.

(5) Subject to subsections (2) and (3), from the date of entry into force of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2025, the Administrative Court of Appeal constitutes a court of second instance in the Republic and, unless otherwise provided, has jurisdiction to decide on any appeal against a decision of Administrative Courts.

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Supreme Judicial Council
10.-(1) There shall be a Supreme Judicial Council, under whose exclusive jurisdiction the appointment, promotion, transfer, termination of service, dismissal and disciplinary authority over the Judges of the Court of Appeal and the Judges of the first-instance courts, except the Administrative Court of Appeal and the Administrative Courts, fall:

It is understood that the Supreme Judicial Council, when appointing or filling any position of Judge, takes into account the need to staff the courts with members drawn from qualified lawyers:

It is further understood that every decision of the Supreme Judicial Council must be sufficiently and duly justified.

(2) The Supreme Judicial Council is constituted by the President of the Supreme Court, as President, and the other Judges of the Supreme Court, as members thereof:

It is understood that, in the event of absence or temporary incapacity or other impediment of the President of the Supreme Court, the duties of President of the Supreme Judicial Council shall be exercised by the most senior Judge of the Supreme Court.

(3) The Supreme Judicial Council is considered duly constituted even in the event of a vacancy in any position of its member.

(4) The Supreme Judicial Council may issue regulations to regulate its operation.

(5) In any meeting of the Supreme Judicial Council concerning the appointment or promotion of a Judge, the following may participate without the right to vote:

(a) the Attorney General of the Republic and, in the event of his absence or temporary incapacity, the Assistant Attorney General of the Republic;

(b) the President of the Cyprus Bar Association and, in the event of his absence or temporary incapacity, the Vice-President of the Cyprus Bar Association; and

(c) two (2) lawyers of recognized prestige and of the highest professional level, possessing the qualifications for appointment as Judges of the Supreme Court, who are appointed following a recommendation from the Cyprus Bar Association and following the approval of the Supreme Court:

It is understood that, in a case in which the meeting of the Supreme Judicial Council concerns the transfer or exercise of disciplinary power over a Judge, the Attorney General of the Republic and the President of the Cyprus Bar Association, nor the designated lawyers, shall be present.

(6) The Supreme Judicial Council is in quorum if five (5) of its members are present, including the President or the acting President.

(7) Following the submission of an objection by any affected person, the decision of the Supreme Judicial Council is subject to review by the Supreme Constitutional Judicial Council, which in such a case acts as a second-instance judicial council, exercising a nullity review on the decisions of the Supreme Judicial Council:

It is understood that the decision of the Supreme Judicial Council is suspended until the date of issuance of the decision of the Supreme Constitutional Judicial Council:

It is further understood that the above-mentioned objection shall be submitted within ten (10) working days from the date of notification of the decision of the Supreme Judicial Council to the affected party and shall include in writing the reasons for its submission.

33/1964145(I)/2022163(I)/2022223(I)/2022109(I)/202353(I)/2024141(I)/2025
Supreme Constitutional Judicial Council
10A.-(1) There shall be a Supreme Constitutional Judicial Council, under whose exclusive jurisdiction the appointment, promotion, transfer, termination of service, dismissal and disciplinary authority over the Judges of the Administrative Court of Appeal and the Judges of the Administrative Courts fall:

It is understood that the Supreme Constitutional Judicial Council, when appointing or filling any position of Judge, takes into account the need to staff the courts under the Supreme Constitutional Court with members drawn from qualified lawyers:

It is further understood that every decision of the Supreme Constitutional Judicial Council must be sufficiently and duly justified.

(2) The Supreme Constitutional Judicial Council is constituted by the President of the Supreme Constitutional Court, as President, and the other Judges of the Supreme Constitutional Court, as members thereof:

It is understood that, in the event of absence or temporary incapacity or other impediment of the President of the Supreme Constitutional Court, the duties of President of the Supreme Constitutional Judicial Council shall be exercised by the most senior Judge of the Supreme Constitutional Court.

(3) The Supreme Constitutional Judicial Council is considered duly constituted even in the event of a vacancy in any position of its member.

(4) The Supreme Constitutional Judicial Council may issue regulations to regulate its operation.

(5) In any meeting of the Supreme Constitutional Judicial Council which concerns the appointment or promotion of a Judge, the following may participate without the right to vote:

(a) the Attorney General of the Republic and, in the event of his absence or temporary incapacity, the Assistant Attorney General of the Republic;

(b) the President of the Cyprus Bar Association and, in the event of his absence or temporary incapacity, the Vice-President of the Cyprus Bar Association; and

(c) two (2) lawyers of recognized prestige and of the highest professional level, possessing the qualifications for appointment as Judges of the Supreme Constitutional Court, who are appointed following a recommendation from the Cyprus Bar Association and following approval by the Supreme Constitutional Court:

It is understood that, in a case in which the meeting of the Supreme Constitutional Judicial Council concerns the transfer or exercise of disciplinary power over a Judge, the Attorney General of the Republic and the President of the Pancyprian Bar Association, nor the designated lawyers, shall be present.

(6) The Supreme Constitutional Judicial Council is in quorum if half of the number of its members plus one, including the President or the acting President, are present.

(7) Following the submission of an objection by any affected person, the decision of the Supreme Constitutional Judicial Council shall be subject to review by the Supreme Judicial Council, which in such a case acts as a second instance judicial council, exercising a nullity review on the decisions of the Supreme Constitutional Judicial Council:

It is understood that the decision of the Supreme Constitutional Judicial Council is suspended until the date of issuance of the decision of the Supreme Judicial Council:

It is further understood that the above-mentioned objection shall be submitted within ten (10) working days from the date of notification of the decision of the Supreme Constitutional Judicial Council to the affected party and shall include in writing the reasons for its submission.

141(I)/2025
Formation of Judicial Councils
10B.-(1) A Council consisting of the President and the Judges of the Supreme Court shall exercise jurisdiction and powers under Article 133.8 of the Constitution.

(2) A Council consisting of the President and the Judges of the Supreme Constitutional Court shall exercise competence and powers under Article 153.8 of the Constitution.

141(I)/2025
Manner of exercising jurisdiction, etc.
11.-(1) The jurisdiction, powers or authorities which the Court has under article 9 shall be exercised, subject to the provisions of subsections (2) and (3) and any procedural rules, by the full Court.

(2) The first-instance jurisdiction by which the Court is vested under the law in force may be exercised, subject to all procedural rules, by such Judge or Judges as the Court may decide.

It is understood that, subject to compliance with all procedural regulations, an appeal may be lodged before the Court against decisions issued by such Judge or Courts.

(3) The secondary jurisdiction within the jurisdiction of the Court is exercised, subject to all procedural regulations, by at least three Courts designated by the Court.

These are appointed by the Court for periods of four months and at the beginning of each such period.

It is understood that the secondary jurisdiction of the Court by virtue of the reservation in subsection (2) is exercised by at least three (3) Judges appointed by the Court:

It is further understood that, for any proceedings on appeals which, on the date of entry into force of the Eighth Amendment to the Constitution Law of 2015, are pending subject to reservation of the decision and which shall be continued and concluded in the Court in which they are pending, the appellate jurisdiction of the Court shall be exercised by at least three (3) Judges appointed by the Court.

(4) From 1 July 2023-

(a) the jurisdiction, powers and authorities vested in the Supreme Constitutional Court by virtue of the provisions of subsection (2) of article 9 shall be exercised by the plenary session of the Supreme Constitutional Court, subject to the provisions of paragraph (e) and the provisions of any Rules of Procedure;

(b) the jurisdiction, powers and authorities vested in the Supreme Court by virtue of the provisions of subsection (3) of section 9 shall be exercised by the full bench of the Supreme Court subject to the provisions of paragraphs (c), (d) and (e) and the provisions of any Rules of Procedure;

(c)(i) the primary jurisdiction vested in the Supreme Court by virtue of the applicable law may be exercised, subject to the provisions of any Rules of Procedure, by one or more judges, as the Supreme Court may decide:

It is understood that, subject to the provisions of any Rules of Procedure, an appeal may lie to the Court against decisions thus rendered by a judge or judges;

(ii) the second instance jurisdiction vested in the Supreme Court by virtue of the provisions of paragraph (b) of subsection (3) of article 9 shall be exercised by at least three (3) Judges of the Supreme Court, one (1) of whom may be the President thereof, subject to the provisions of any Procedural Rules.

(d) the Supreme Court, as it may determine by Procedural Rules, may operate in two distinct divisions, namely the Criminal Jurisdiction Division which hears matters of criminal law and the Civil Jurisdiction Division which hears any other matter falling within the jurisdiction of the Supreme Court;

(e) the Supreme Constitutional Court and the Supreme Court may, at regular intervals and according to the needs of each, issue Procedural Regulations for the purposes of regulating the proceedings before them.

(5)(a) The jurisdiction, powers and duties vested in the Court of Appeal by virtue of the provisions of subsection (4) of section 9 shall be exercised by the Chambers, subject to the provisions of any Procedural Rules.

(b) Notwithstanding the provisions of paragraph (a), it may be handled by only one (1) Judge of the Court of Appeal-

(i) an interlocutory application or an application which concerns only procedural matters;

(ii) an appeal from an interim decision, other than an appeal against a decision on an interim order; and

(iii) an appeal against a decision concerning an application filed after a final decision of a court of first instance has been made.

(6) The jurisdiction, powers and authorities vested in the Administrative Court of Appeal by virtue of the provisions of subsection (5) of article 9 shall be exercised subject to the provisions of any Procedural Regulation:

It is understood that an interlocutory application or an application which concerns only procedural matters may be handled by only one (1) Judge of the Administrative Court of Appeal:

It is further understood that an appeal against an interim decision, other than an appeal against a decision on a temporary decree, may be handled by only one (1) Judge of the Administrative Court of Appeal.

33/1964132(I)/2015145(I)/2022223(I)/202253(I)/2024141(I)/2025
PART IV MISCELLANEOUS PROVISIONS
Formation of lower courts
12.-(1) The courts established by the Courts Law of 1960 or any other Law, in the exercise of their civil or criminal jurisdiction under that Law, shall be composed of such judge or judges as the Supreme Court may appoint, regardless of the community to which the parties belong.

(2) Any judge of a District Court may try any case falling within his jurisdiction regardless of the community to which the parties belong.

33/1964145(I)/2022
Seal
13.-(1) The Court shall possess and use, whenever appropriate, a seal bearing the name of the Court as well as the emblem approved by the Minister of Justice.

(2) The Court may have the necessary number of copies of the seal of the Court, but in no case more than one seal for each of its members.

(3) The Court shall determine the person under whose custody each of these copies of the seal shall be kept.

(4) The Supreme Constitutional Court has a seal bearing the inscription “Supreme Constitutional Court” and an emblem, which is approved by the Minister of Justice and Public Order.

(5) The Supreme Court has a seal bearing the inscription “Supreme Court” and an emblem, which is approved by the Minister of Justice and Public Order.

(6) The Court of Appeal has a seal bearing the inscription “Court of Appeal” and an emblem, which is approved by the Minister of Justice and Public Order.

(7) The Administrative Court of Appeal has a seal bearing the inscription “Administrative Court of Appeal” and an emblem, which is approved by the Minister of Justice and Public Order.

33/1964145(I)/2022141(I)/2025
Seat of the Supreme Constitutional Court and seat of the Supreme Court

  1. The seat of the Supreme Constitutional Court and the Supreme Court shall be the capital of the Republic, and each of the said courts shall meet in a building provided by the Minister of Justice and Public Order.

33/1964145(I)/2022
References to the Supreme Constitutional Court or the Supreme Court
15.-(1) Any reference in the law in force to the Supreme Constitutional Court or the Supreme Court or any judge thereof shall be substituted by a reference to the Court or, as the case may be, to a Judge thereof, and in the event of a conflict between the provisions of this Law and any other Law, the provisions of this Law shall prevail.

(2) A reference to any Law in force in the terms “Court” or “any Judge thereof” shall be replaced, as the case may be, by a reference to “Supreme Constitutional Court”, “Supreme Court”, “Court of Appeal”, “Administrative Court of Appeal” and “Judge thereof”:

It is understood that, in the event of a conflict between the provisions of this Law and the provisions of any other Law, the provisions of this Law shall prevail.

33/1964145(I)/2022141(I)/2025
Widowhood of Judge’s position
16.-(1) The vacancy of a Judge of the Supreme Constitutional Court does not affect the legality of the establishment of the Supreme Constitutional Court.

(2) The vacancy of a Judge of the Supreme Court does not affect the legality of the constitution of the Supreme Court.

(3) The vacancy of a Judge of the Court of Appeal does not affect the legality of the establishment of the Court of Appeal.

(3A) The vacancy of a Judge of the Administrative Court of Appeal does not affect the legality of the establishment of the Administrative Court of Appeal.

(4) For the purposes of this article, “vacancy of the position of Judge” has the meaning assigned to this term by the provisions of subsection (2) of article 4.

33/1964145(I)/2022141(I)/2025
Procedural Regulation
17.-(1) The Court may issue regulations (in this Law referred to as “procedural regulations”) published in the official gazette of the Republic for the better implementation of this Law.

It is understood that the procedural regulations in force on the date of entry into force of this Law and subsequently issued shall continue to be in force until revoked or amended by a new procedural regulation issued under this Law.

(2) The Rules of Procedure issued by the Court shall remain in force until they are revoked or amended by new Rules of Procedure issued by the Supreme Constitutional Court or the Supreme Court, as the case may be.

33/1964145(I)/2022
Pending procedures

  1. All proceedings pending before the Supreme Constitutional Court or the Supreme Court on the date of entry into force of this Law shall be transferred at the stages they are at to the Court for the conduct of the hearing procedure and the issuance of a decision pursuant to the provisions of this Law.

33/1964145(I)/2022
Note
21 of Law 145(I)/2022 Cessation of the validity of provisions of the basic law
21.-(1) As of 1 July 2023, the following provisions of the basic law shall cease to apply:

(a) subsections (2), (3), (4), (5), (6) and (7) of article 3;

(b) subsections (1), (2) and (3) of article 11;

(c) subsections (1), (2) and (3) of article 13;

(d) subsection (1) of article 15;

(e) subsection (1) of section 17; and

(f) article 18.

(2) From the date of publication of this Law in the Official Gazette of the Republic, the validity of subsections (1), (2), (3) and (4) of article 10 expires.

Note
22 of Law 145(I)/2022Entry into force of Law 145(I)/2022
22.-(1) Subject to the provisions of subsections (2) and (3), this Law [S.S.: namely L. 145(I)/2022] shall enter into force on the date of its publication in the Official Gazette of the Republic.

(2) On the date specified in a Court Notice issued under the provisions of this subsection and published in the Official Gazette of the Republic, the following provisions shall come into force:

(a) Paragraph (c) of section 14, to the extent that it adds to section 11 of the principal law a new subsection (5);

(b) paragraph (c) of section 18, by which a new subsection (2) is added to section 15 of the principal law, to the extent that the said subsection refers to the Court of Appeal established by the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022.

(3) From 1 July 2023 the following provisions shall enter into force:

(a) Paragraphs (b) and (d) of article 3;

(b) article 6;

(c) article 7;

(d) article 8;

(e) Article 9;

(f) article 10;

(g) article 11;

(h) article 15;

(i) article 17;

(j) paragraph (c) of article 18, which adds to article 15 of the principal law a new subsection (2), to the extent that the said subsection refers to the Supreme Constitutional Court and the Supreme Court;

(k) section 19, which replaces section 16 of the principal law in relation to subsections (1) and (2) of that section; and

(l) article 20.

Note
23 of Law 145(I)/2022Transitional provisions
23.-(1)(a) Cases of secondary civil jurisdiction registered with the Court, which were pending before it before the date provided for in subsection (2) of section 22, shall, on that date, be referred for trial to the Court of Appeal established by the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022.

(b) Notwithstanding the provisions of paragraph (a), cases registered with the Court of Second Instance of Civil Jurisdiction which were pending before it before the date provided for by the provisions of subsection (2) of article 22, shall be heard by the Court or, from 1 July 2023, by the Supreme Court, provided that-

(i) were registered with the Court before 31 December 2017;

(ii) the decisions on the said cases were reserved, on the date referred to in subsection (2) of section 22, or;

(iii) the cases in question concern a decision issued by a Judge of the Court, in the exercise of the first-instance jurisdiction provided for in Article 155 of the Constitution:

It is understood that a civil appeal against an interim decision, other than a civil appeal against a decision on an interim order, may be heard by only one (1) Judge of the Court or, as the case may be, by only one (1) Judge of the Supreme Court:

It is further understood that the cases remaining to be heard in the Court or, as the case may be, in the Supreme Court, shall be heard by the same composition of Judges before whom they were initiated, and in the case in which the relevant composition includes a Judge of the Supreme Constitutional Court, unless a Judge of the said composition is required to be replaced due to a vacancy in his position, within the meaning of subsection (2) of article 4 of the basic law.

(2)(a) Cases of secondary criminal jurisdiction registered with the Court which were pending before it before the date provided for by the provisions of subsection (2) of section 22, shall be referred on that date for trial to the Court of Appeal established by the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022.

(b) Notwithstanding the provisions of paragraph (a), cases of secondary criminal jurisdiction registered with the Court which were pending before it before the date provided for in the provisions of subsection (2) of article 22, shall be heard by the Court or, from 1 July 2023, by the Supreme Court, provided that the decisions on the said cases had been reserved on the date referred to in subsection (2) of article 22:

It is understood that the cases remaining to be heard in the Court or, as the case may be, in the Supreme Court shall be heard under the same composition of Judges before whom they were initiated, and in the case in which the relevant composition includes a Judge of the Supreme Constitutional Court, unless a Judge of the said composition is required to be replaced due to a vacancy in his position, within the meaning of subsection (2) of article 4 of the basic law.

(3) (a) Cases of secondary review jurisdiction registered with the Court which were pending before it before the date provided for by the provisions of subsection (2) of section 22 shall be referred on that date for trial to the Court of Appeal established by the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2022.

(b) Notwithstanding the provisions of paragraph (a), cases registered with the Court of Appeal of the Republic of Cyprus and pending before it before the date provided for in subsection (2) of article 22 shall be heard by the Court or, from 1 July 2023, by the Supreme Constitutional Court, provided that-

(i) were registered with the Court before 31 December 2018;

(ii) the decisions on the said cases were reserved on the date referred to in subsection (2) of section 22; or

(iii) the cases in question concern a decision issued by a Judge of the Court, in the exercise of the first-instance jurisdiction provided for by Article 146 of the Constitution, which the Court maintained and exercised until 1 January 2016:

It is understood that the cases remaining in the Court for trial or, as the case may be, in the Supreme Constitutional Court, shall be tried under the same composition of Judges before whom they had commenced and in the case in which the relevant composition includes a Judge of the Supreme Court, unless a Judge of the said composition is required to be replaced due to a vacancy in his position, within the meaning of subsection (2) of article 4 of the basic law:

It is further understood that, without prejudice to the provisions of article 11 of the basic law and subject to any Procedural Rules, the said cases shall be heard by at least three (3) Judges.

(c) Notwithstanding the provisions of paragraphs (a) and (b), cases of second-instance revisional jurisdiction registered with the Court before 31 December 2020, which were referred to the Court of Appeal pursuant to the provisions of paragraph (a), shall be referred for adjudication to the Supreme Constitutional Court, provided that on the date of entry into force of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2024, the Court of Appeal has not reserved a decision on these cases.

(d) Notwithstanding the provisions of paragraphs (a), (b) and (c), cases of second-instance revisional jurisdiction registered with the Court before 31 December 2021, which were referred to the Court of Appeal pursuant to the provisions of paragraph (a), shall be referred for adjudication to the Supreme Constitutional Court, provided that on the date of entry into force of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2025, the Court of Appeal has not reserved a decision on these cases.

(4) Cases of first instance civil jurisdiction registered with the Court shall remain for trial in the Court or, after 1 July 2023, in the Supreme Court and shall be tried under the same composition of Judges before whom they had commenced, even in the case in which the composition in question includes a Judge of the Supreme Constitutional Court, unless a Judge of the said composition is required to be replaced due to a vacancy in his position, within the meaning of subsection (2) of article 4 of the basic law.

(5) (a) For the purposes of advising the President of the Republic regarding the suitability of candidate judges or lawyers in the process of appointing members of the Supreme Constitutional Court or the Supreme Court, as the case may be, a transitional Advisory Council shall operate, which shall be constituted by-

(i) the President of the Court as President;

(ii) the other Judges of the Court;

(iii) the Attorney General of the Republic, without the right to vote;

(iv) the President of the Cyprus Bar Association, without the right to vote; and

(v) two (2) lawyers of recognized standing and of the highest professional standard, qualified for appointment as Judges of the Court without the right to vote, who are appointed following a recommendation from the Cyprus Bar Association and following the approval of the Court:

It is understood that, in the event of the absence or temporary incapacity of the President of the Court, the duties of President shall be performed by the most senior member of the Court:

It is further understood that, in the event of the absence or temporary incapacity of the Attorney General of the Republic, the duties of a member shall be exercised by the Assistant Attorney General of the Republic:

It is further understood that, in the event of the absence or temporary incapacity of the President of the Cyprus Bar Association, the duties of a member shall be exercised by the Vice-President of the Cyprus Bar Association.

(b) A quorum shall be constituted by the majority of the members of the transitional Advisory Judicial Council with the right to vote, including its President.

(6)(a) For the purposes of appointment, promotion, transfer, termination of service, dismissal and disciplinary authority over judicial officers, a transitional Supreme Judicial Council shall operate, under whose exclusive competence the above matters fall, which shall be constituted by the President of the Court as President and the other Judges of the Court as members:

It is understood that, in the event of the absence or temporary incapacity of the President of the Court, the duties of President shall be performed by the most senior Judge of the Court.

(b) At a meeting of the above-mentioned transitional Supreme Judicial Council in relation to a procedure for the appointment, promotion or transfer of a Judge of the Court of Appeal or a Court of First Instance, the following may attend as observers and without the right to vote:

(i) the Attorney General of the Republic;

(ii) the President of the Cyprus Bar Association and, in the event of his absence or temporary incapacity, the Vice-President of the Cyprus Bar Association; and

(iii) two (2) lawyers of recognized prestige and of the highest professional level, qualified for appointment as Judges of the Court, who are appointed following a recommendation from the Cyprus Bar Association and following the approval of the Court:

It is understood that, in a case where the meeting concerns the transfer or exercise of disciplinary power against a Judge of the Court of Appeal or a court of first instance, the Attorney General of the Republic, the President of the Cyprus Bar Association and the lawyers designated, in accordance with the above, shall not be present:

It is further understood that, in the event of the absence or temporary incapacity of the Attorney General of the Republic, the duties of a member shall be exercised by the Assistant Attorney General of the Republic:

It is further understood that, in the event of the absence or temporary incapacity of the President of the Cyprus Bar Association, the duties of a member shall be exercised by the Vice-President of the Cyprus Bar Association.

Note
3 of Law 109(I)/2023Entry into force of Law 109(I)/2023
The force of this Law [S.S.: namely L. 109(I)/2023] is deemed to have begun on 1 July 2023.

Note
6 of Law 53(I)/2024Entry into force of Law 53(I)/2024
6.-(1) Subject to the provisions of subsection (2), this Law [S.S.: see L. 53(I)/2024] shall enter into force on the date of its publication in the Official Gazette of the Republic.
(2) From 1 July 2023, the following provisions shall be deemed to have entered into force:

(a) Subsection (3) of section 9 of the principal law, as amended by virtue of the provisions of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2024;

(b) paragraph (c) of subsection (5) of section 10 of the principal law, as amended by virtue of the provisions of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2024; and

(c) paragraph (c) of subsection (4) of section 11 of the principal law, as amended by virtue of the provisions of the Administration of Justice (Miscellaneous Provisions) (Amendment) Law of 2024.

Note
16 of Law 141(I)/2025Transitional provisions
16.-(1) Cases of second-instance revisionary jurisdiction registered with the Court of Appeal, which are pending before it before the date of entry into force of this Law, shall be referred on that date as they stand for trial to the established Administrative Court of Appeal:

It is understood that cases which are referred to the Administrative Court of Appeal and whose trial had commenced before their referral before the Review Division of the Court of Appeal, are tried under the same composition of Judges before whom they had commenced in the Court of Appeal:

It is further understood that, in cases in which a decision was reserved prior to their referral to the Administrative Court of Appeal, the decision is issued by the same composition of Judges who had reserved the decision to the Court of Appeal.

(2) The Judges who serve in the Revisional Jurisdiction Department of the Court of Appeal shall be considered, from the date of entry into force of this Law, as Judges of the Administrative Court of Appeal and shall continue to serve under the same conditions of service and under the same salary and seniority that they held on the said date.

(3) Until the establishment of a second Department of the Administrative Court of Appeal, in the event of a Judge or Judges of the Administrative Court of Appeal being prevented from exercising their duties, with the result that the establishment of the Administrative Court of Appeal becomes impossible, the Supreme Constitutional Judicial Council, with the consent of the Supreme Judicial Council, shall replace them with Judges of the Court of Appeal.

(4) Cases registered before the cassation second instance judicial council against a decision of the Supreme Judicial Council pursuant to the provisions of paragraph (d) of subsection (2) of article 9 of the basic law, which were pending before the date of entry into force of this Law, shall be referred, on that date, as they stand, to the Supreme Constitutional Judicial Council for adjudication.

Note
17 of Law 141(I)/2025Special provision

  1. No provision in this Law may be applied or interpreted in a manner that differentiates conditions of service or adversely limits the rights of those serving in the Judicial Service of the Republic on the date of its entry into force.

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