ADMINISTRATIVE AND CONSTITUTION LAW
Andreas Danos Law Firm represents individuals and corporate bodies before the Cyprus Supreme Court in resources against the validity of decisions of public authorities and administrative organs.
Individuals, institutions and businesses can challenge administrative decisions by filing a recourse 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.
Cyprus Administrative Law is found on Article 146, Part IX of the Cyprus Constitution.
The Supreme Court of Cyprus has been very productive in its administrative law jurisprudence. It has developed and enormous amount of case law from 1960 till today. In 1999 the House of Representatives passed law 158(I)/99 (The General Principles of Administrative Law, Law) which codified administrative law principles as they existed on that day. Therefore many of the principles that were developed by case law have now become statutory.
Administrative Law is not an easy subject. Many times a case will be won on lost on formalities. So it is very important to get appropriate legal advice in cases you have dealings with the government that may have repercussions on your property, career etc.
The sources of the Cypriot Administrative Law are:
- The Constitution of the Republic of Cyprus.
- Laws enacted by the House of Representatives.
- Administrative Regulatory Acts.
- The case-law of the Supreme Court. In Cyprus, the principle of binding precedent of judicial decisions applies -as in England.
- The General Principles of Administrative Law. In 1999, the General Principles of Administrative Law were codified by the “Law of the General Principles of Administrative Law 1999” (Law 158(1)/99)”.
- European Community Law. After the accession of the Republic of Cyprus in the European Union in 2004, the Constitution of the Republic of Cyprus was amended so that European Law prevails over Cypriot Law.