Legal system needs amendments, says Supreme Court President

Cyprus’ legal system needs to be urgently revised to cope with the growing number of cases brought before the Courts, the President of the Supreme Court Christos Artemides has said.
In an interview with CNA, he also said a group comprising three Supreme Court judges and one Senior District Court Judge has prepared a series of amendments to the civil justice code, pointing out that these changes will not bring about a total restructuring of the system but further improvements.
The President of the Supreme Court had nothing but praise for Cypriot judges, saying they are “impartial and of high calibre.”
Artemides acknowledges the problem created with the growing number of cases brought before the Courts, but points out that this phenomenon is partly due to the readiness of the Cypriots to “assert” his rights through the legal system rather than the legal proceedings themselves.
According to available statistics, there was a total of 121,497 cases (both penal and civil) pending at the end of 2006, a number which, according to Artemides, cannot be justified considering Cyprus‘ small population.
However, as Artemides points out, these numbers regardless of how huge they may seem for a population of approximately 750,000 do not justify the delays caused by procedures. In 2006 the Courts processed a total of 132,400 cases (withdrawal/settlement, partial and full hearings).
“Cypriot citizens have free access to the Courts, hence the increasing number of cases dealt with through litigation. This approach often leads the trial to be transformed into an arena in which those involved argue their case, at times without respect to reason or the truth, I dare say,” he told CNA.
Responding to questions, he said that during litigation it is difficult to define the notion of “reasonable time”, as stipulated by article 30 of the Constitution and article 6.1 of the Council of Europe’s European Convention on Human Rights, since this provision is directly connected to the nature of each case. Artemides believes that criticism for ”slow awarding of justice” is oversimplified and shows ignorance of how courts operate.
Cypriot judges, whom he describes as “impartial, honest, with high expertise”, often find themselves dealing with lengthy and arduous procedures, caused by discord with regard to the actual facts of a case.
”Essentially, this is what causes delays by taking up so much time. Moreover the judges scrutinise cases through a procedure, which is not familiar to most European countries,” Artemides says, noting there are also times when the litigant himself may lead a case to long delays.
”The litigant and in some cases his lawyer may give the impression that the Court is at their disposal for an unlimited time,” Artemides says.
Some countries have introduced a time limit, within which the litigants have to present their case, however this remedy is not stipulated in the current judicial system.
”My view regarding the future is that litigation should return to its right basis, that is to be based on reason, with the sole and ultimate purpose of finding the truth. Trials should no longer be exploited as a means to help litigants prevail in the judicial process, during which at times witnesses tell lies and the truth may be concealed,” he added.
As to what should be done, Artemides proposes a change of attitude but acknowledges that such behaviour is difficult to change or at least takes time to change. ”Therefore what remains to be done is to introduce those institutional changes, which so far have not been implemented. Partial reforms have been implemented but no full restructuring of the rules has taken place,” he said.
The Supreme Court, he explained to CNA, has assigned to a group, comprising three judges of the Cypriot Supreme Court and a District Court judge, the task of preparing a text of the proposed changes to the civil legal procedures, which was presented at a ceremony on October 25, the Day of Civil Justice. Copies of the proposal have been already given to the Attorney General, the Cyprus Bar Association and the Judges Union for feedback on the proposed changes and it is up to the Supreme Court to approve them.
”Whether the Supreme Court will approve the proposals, I cannot know. My view is that the present situation should change and the Supreme Court has the sole authority to issue rules and take the necessary measures,” Artemides adds.
Furthermore, Artemides says that the Republic of Cyprus, an EU member state since May 1st 2004, is in an advantageous position regarding its legal system. Cyprus, after gaining its independence from British Colonial rule in 1960, incorporated into its Constitution the British legal system, but at the same time incorporated provisions from the European mainland law as regards the Supreme Court’s jurisdiction to review administrative decisions taken by the state. ”With goodwill we can observe the changes made both in Britain and other European countries with a view to creating a legal system fully compatible with the realities of our country,” he said.
He pointed out that the authority to bring about amendments to the rule of civil legal procedures rests with the Supreme Court, while the House of Representatives has authority over the operation of District Courts (Courts of First Instance). Artemides says that cooperation between these two institutions is necessary.
”The intention is the same, the objective common, to achieve the best possible and most efficient legal procedures,” he added.
Stressing that the operation of the Courts in Cyprus is transparent and provides unlimited access to the people due to, inter alia, the low cost of legal expenses compared to other European countries, Artemides reiterates that institutional changes are ”imperative.”
The Supreme Court President believes that the cultural background and education of the Cypriot people is another important element that affects the administration of justice.
Institutional changes and modernisation are necessary, he said, adding that this emerges as an urgent necessity following Cyprus‘ accession to the European Union.
”The immediate application of European Union law is one of the changes that affects the system of governance and the day-to-day life of the people of EU member-states, which often supersedes the Constitution,” he told CNA.
Concluding, Artemides said he it is obvious that there exist now a completely new system of governance and a new system of operation of the state, in the executive, the legal and the judicial branches.