George Valiantis, Partner at the Law Office L. PAPAPHILIPPOU & CO LLC, talks to Forbes Cyprus.
The Law Firm L. PAPAPHILIPPOU & CO LLC was founded in 1963 and is one of the most historic and well-established law firms in Cyprus. In which sectors does it operate today?
The law firm L. PAPAPHILIPPOU & CO LLC was founded in 1963 by Loukis Papaphilippou and continues to date its stable progression, under the supervision of the Managing Partner, Leandros Papaphilippou. Through constant and consistent work, it has been established to be one of the leading and distinguished law firms in Cyprus.
Our law firm provides legal and corporate services, with clientele consisting of public organisations and local government organisations, large banking institutions in Cyprus and abroad, commercial enterprises and organisations, shipping companies, insurance companies, Provident Funds and radiotelevision organisations.
Specialised services are also provided, in relation to issues concerning Public Law, Competition Law, Corporate and Shipping Law, Insurance Law and Medical Negligence, Banking Law, Mergers, Acquisitions and Insolvency of legal entities, Trusts and Immovable Property Law, Law on the Screening of Foreign Direct Investments, as well as Employment Law, Family Law, Inheritance Law, Immigration Law and Protection of Personal Data Law, Consumer Protection, Intellectual and Industrial Property Rights.
The Rule of Law is being tested in the modern era. What role do lawyers play in safeguarding it?
The Constitution, which is the highest law of the Republic of Cyprus, provides the means for the protection of citizens’ rights and for the safeguarding of the Rule of Law. It is the Constitution itself that enshrines the Principle of the Separation of Powers, pursuant to which, the decisions, acts and omissions of the State – in the broad sense – are subject to judicial review.
The role of the lawyer is thus, of particular significance. Through the lawyer’s guidance, citizens whose interests are adversely affected by decisions, acts and omissions of the Administration, will decide whether and in what mode, they should seek recourse to Justice in order to defend their rights.
Drawing on my long-standing experience in representing clients before the Courts, I firmly believe that the Judiciary can serve as a barrier against any arbitrariness or unlawful decisions of the Administration, thereby safeguarding the Rule of Law.
Our law firm undertakes the representation of clients in all cases that fall under the ambit of constitutional law and administrative law, in general, with particular expertise in Public Procurement Law, public service law, planning law, tax law and the representation of clients before Independent Administrative Authorities, such as, among others, the Commission for the Protection of Competition, the Securities and Exchange Commission, the RadioTelevision & Digital Services Authority and the Commissioner for Personal Data Protection.
Current affairs are currently dominated by the method and process of awarding public contracts, with the legality and transparency of these procedures being questioned. What is your view on this issue?
Public Procurement Law, reinforced by European Law and the jurisprudence of the Court of Justice of the European Union, provides mechanisms for the protection of the interests of the economic operators who participate in, or wish to participate in, public procurement procedures, whether these concern services, works or supplies. The role of the lawyer is of vital importance in addressing situations that give rise to breaches of the principle of impartiality, the principle of transparency, healthy competition and equality among tenderers.
I personally believe that, the vital contribution of the lawyer lies in guiding the client from the very outset of each public tender, in order to identify immediately any irregularities arising from the terms of the tender documents and, subsequently, to ensure that any unlawful terms are challenged and annulled promptly, within the prescribed time limits. I note that the phenomenon of photographic tender terms – which clearly lead to the distortion of competition from the initial stage – is not unique to Cyprus, since there is extensive case-law from the Court of Justice of the European Union that has already addressed such issues.
Public Procurement Law in Cyprus needs improvement and personally, in my capacity as President of the Committee for the Modernisation of the Public Sector’s Services Procedures of the Cyprus Bar Association, I am aware that collective discussions are taking place aiming at the strengthening of the legislation. Nevertheless, I consider that even the existing legal framework can provide solutions for economic operators who feel wronged, provided that they receive correct legal guidance.
Our law firm specialises in Public Procurement Law and provides, among others, the following services; legal advice and guidance to the economic operator that participates to the Public Tender, during the stage of tender submission; legal advice relating to any unlawfulness in the terms of the Public Tender and the independent challenge of those terms before the competent administrative authorities and/or before the Courts; legal opinions and advice concerning the fulfilment of tender requirements by the tenderer and guidance on the certificates and/or supporting evidence to be submitted; drafting of clarification questions to the competent authority regarding the tender terms and legal review of the responses given; filing of legal remedies, either before the Tenders Review Authority or before the Administrative Court and legal representation. Legal advice is also provided regarding the strategic choice of legal remedy to be sought, depending on the special circumstances of each case.
Personally, I consider that proper guidance is the most important legal contribution provided to the client; firstly, as to whether there is scope in challenging any administrative decision at all, and secondly, regarding the strategy to be adopted and the correct choice of legal remedy to be sought.
Which is the most necessary legislative amendment in Public Procurement Law?
I would prioritise the need to legislatively strengthen and enhance the role and powers of the Tenders Review Authority, so that substantive review is always carried out, which will then lead to substantive decisions, at all stages of public tenders.
I also consider that the mechanism for the payment of compensation to economic operators whose interests are struck by unfair or unlawful administrative decisions should be legislatively reinforced.
What can the legal profession contribute in the face of the rapid development of artificial intelligence?
The legal science relies on critical thinking which, on the one hand, constitutes an essential tool for assessing the challenges posed by technological development and, on the other hand, can operate as a safeguard against the risks associated with the unrestrained use of artificial intelligence.
The legal community, and in particular lawyers, as co‑operators of Justice, can and must contribute to ensure that artificial intelligence operates within defined legal and ethical boundaries and to conduce to the determination of the necessary limits for the safeguarding of fundamental human rights, including the right to privacy and personality, personal data, general liberty, the principle of equality, freedom of thought and expression and intellectual property. The role of the legal profession is, therefore, vital and crucial in ensuring that, in the future, human control is maintained in all decision-making processes, both in the Legislature and Executive, but also, mainly, I would say, of the Judiciary.
Artificial intelligence can support all sectors of modern society and contribute to its progress, provided that its use is rational and legally regulated. It must be added that in accordance with the code of conduct which governs the legal profession, lawyers have a duty and obligation to use artificial intelligence sparingly and to be honest to the Courts and their clients. They must therefore, deliver perfectly and fully reasoned and substantiated legal work, grounded in the deep epistemological roots of legal science and in authentic legal sources.
Your law firm has founded and operates the Papaphilippou Academy. What prompted this initiative?
Law is a living Science, which evolves concurrently with society, the state and morals Therefore, the lawyer must constantly seek information, knowledge and education in general. Since its establishment, our law office,actively participates in, and forms an important role in legal developments and social activities that concern the country. A companion to this action is the Papaphilippou Academy, whose scope is to contribute to the promotion of knowledge and learning, to the conduct of constructive dialogue and to the evolution and development of science and people.
The Papaphilippou Academy also organises educational and professional conferences, seminars and discussions on a wide range of legal matters, in which experienced and specialised lawyers of our law office participate in. It also organises conferences, seminars and discussions on issues of social, economic and geoeconomic interest, hosting highly esteemed academics and professionals as speakers and interlocutors. It operates in Cyprus and abroad and its activities are addressed, both to lawyers and other professionals, as well as to society as a whole.
To link this with my earlier reference to critical thinking, our law firm, in cooperation with the Papaphilippou Academy, also conducts debating competitions as part of the training programme of the trainee lawyers of our law office.