Cyprus Supreme Court says it has supremacy over EU acquis

Supreme Court says it has supremacy over EU acquis

Maybe somebody forgot to give the Cyprus Supreme Court lessons in European Union law, for the court has ruled that the Constitution of the Republic of Cyprus has supremacy over the acquis communautaire, the Cyprus New Agency reported, despite plenty of EU case-law to the contrary.

For the constitution to change, the executive authority would have to amend the constitution, the Supreme Court said. This has left the government scrabbling to pass an amendment, having sat on a proposal put forward as far back as April 2003 by former Attorney General Alecos Markides.

The Supreme Court ruling was issued over an extradition request from the UK of a Cypriot national wanted on VAT charges.

Following an appeal by current Attorney-General Petros Clerides to a decision of a court of first instance, that of Limassol District Court, whereby it rejected handing over to British authorities a Cypriot national to be tried in the UK for fraud of public funds.

The Attorney-General’s application for a European arrest warrant was rejected by Limassol District Court and he subsequently appealed asking for the plenary of the Supreme Court to examine his request.

After a detailed discussion of the suggestions before it, the Supreme Court referred to precedents of other courts belonging to EU member states.

In statements, Clerides said he informed President of the Republic Tassos Papadopoulos on the development, who decided to go ahead with the amendment of the constitution.

“The way in which this will be done will be decided in the next few days”, said Clerides.