Cyprus to introduce judicial review of Attorney General’s decisions for first time

The Cabinet has approved legislation introducing judicial review of the Attorney General’s decisions for the first time in the Republic’s history, following negotiations between three institutions.

Justice and Public Order Minister Marios Hartsiotis presented the bill to the Cabinet today, which approved it. The legislation will now proceed to Parliament for incorporation into a package of 38 bills reforming the Law Office.

The bill emerged from ongoing meetings between the Supreme Court, the Attorney General and the Justice Minister. It recently passed legal technical review and its explanatory report bears the signature of Attorney General Giorgos Savvides.

The legislation establishes both the procedure and grounds on which someone can apply to the Supreme Court to review a decision by the Attorney General.

Two-stage review process

The review process will operate in two stages: first, an internal review by a committee of prosecutors within the Law Office, and second, through an application to a Supreme Court judge by an affected person or their lawyer.

The legislation covers decisions to suspend criminal prosecutions in cases registered before the Criminal Court and any suspension of criminal prosecution. For cases registered before District Courts where prosecution is suspended, a different procedure will apply requiring public justification before a judge.

Parliament currently has pending bills that will separate the Attorney General’s dual role.

The bill approved by the Cabinet today is expected to eliminate the unchecked authority of the Attorney General position that would be created when those bills are passed.

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Cyprus moves to separate attorney general’s dual role in major legal overhaul