Businesses, institutions, or individuals can challenge any administrative decision or omission by recourse within 75 days from the date of publication of the act being challenged, or from the date when the applicant became aware of the information being omitted. Such a decision or omission may be abrogated on the grounds of excessive abuse of power by the administrative body or is in violation of the constitution as a result of any recourse filed against it in the Supreme Court of the Republic of Cyprus.
Constitutional law in Cyprus has its roots in the English legal system, as it was a British colony until 1960. Much of the English legal system was retained after independence. Since Cyprus has joined the EU in 2004, European law was given precedence over the constitution, as is the case with all EU member states.
Administrative Law in Cyprus is found on Article 146, Part IX of the Cyprus Constitution. Administrative Law principles were further codified into law in 1999 when the House of Representatives passed law 158(I)/99 (the General Principles of Administrative Law), making many principles developed by case laws statutory.
Furthermore, the Fifth Amendment to the Constitution, no. 127(I) of 2006, was made in order to clarify any questions as to whether the national or European law has supremacy in cases of incompatibility. Article 1(A) of this law states essentially that no part of the constitution can override any legislation, acts, or measures taken by the Republic that are mandatory as an EU member state. As such, just as in the case of any member state, the administrative and constitutional law can be, at its fundamental level, a twofold process in terms of compliance and the details in any particular case that is subject to both the laws sovereign state and those of the EU.
Simon Zenios & Co LLC is fully prepared to assist our clients in any matter regarding administrative and constitutional law, including representing them before the Supreme Court of Cyprus, providing assistance and advice on any related matter such as civil actions, human rights laws, judicial review cases, public inquiries, and the challenging of decisions made by authorities and public bodies. Due to the difficulty and intricacy of the nature of this area of law and the potential loss of cases based on formalities, it is imperative that any legal action taken in this area is done so with the help of individuals with a high level of expertise and experience in constitutional and administrative law—skills that our team possesses and will utilize towards the best possible outcome.
Should you wish to obtain more information on how we can help you in any matter related to administrative and constitutional law, please contact us below.