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YULHMA VIRGINIA BALDERAS ORTIZ > VIDEO & GALLERY  > The Supreme Court of Cyprus (displaced people and reunification of a divided island): euronews.

The Supreme Court of Cyprus (displaced people and reunification of a divided island): euronews.

Cyprus was a British colony until 1960, when the island became an independent republic.   Until independence  the legal system was based on the English legal system.   The laws enacted for the colony applied to Cyprus  the principles of common law and equity.  Many of those laws are still in force today.

 After independence in 1960 the English legal system was largely preserved.  The laws applicable are the following:

  •  The Constitution of the Republic of Cyprus
  •  The laws retained in force by virtue of Article 188 of the Constitution
  •  The principles of Common Law and Equity
  •  The Laws enacted by the House of Representatives.

Following the accession of The Republic of Cyprus to the European Union in 2004, the Constitution was amended so that European law has supremacy over the Constitution and national legislation.

The Supreme Court is the highest court in the Republic. It is composed of thirteen judges, of whom one is the President. The Supreme Court has the following jurisdictions

Appellate Court

The Supreme Court has jurisdiction to hear and determine all appeals from lower courts in civil and criminal matters. Appeals are heard by a panel of three judges. The hearing of the appeal is based on the record of the proceedings kept in the lower court. The Supreme Court only hears evidence in exceptional and very rare circumstances. In the exercise of its appellate jurisdiction the Supreme Court may uphold, vary or set aside the decision appealed from, or it may order a re-trial.

Review of Administrative decisions

The Supreme Court has exclusive jurisdiction to hear any recourse filed against a decision, act or omission of any person, organ or authority exercising executive or administrative authority. A decision, act or omission may be annulled on the ground that it is in excess or abuse of any power vested in the administrative organ, or contrary to the provisions of the Constitution.

Prerogative Writs

The Supreme Court has exclusive jurisdiction to issue the prerogative writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition.

Admiralty

The Supreme Court has original and appellate jurisdiction in admiralty cases. At first instance the case is heard by a single judge of the Supreme Court and on appeal the case is heard by the full bench.

Election Petitions

As an electoral court the Supreme Court has exclusive jurisdiction to hear and determine petitions concerning the interpretation and application of the electoral laws.

Constitutional Matters

The Supreme Court has jurisdiction to examine the constitutionality of any law or any conflict of power or competence which arises between any organs or authorities of the Republic. In addition the Supreme Court hears and determines any recourse by the President of the Republic regarding the compatibility with the constitution of any law enacted by the House of Representatives.

V. http://www.supremecourt.gov.cy/Judicial/SC.nsf/DMLSCourt_en/DMLSCourt_en?OpenDocument

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