Introduction to the

Cyprus Legal System

MARITIME LAW – Introductory Lecture 1
Lecturer: Maria Th. Athanasiou
INFORMATION
Grading method
 Mid-term examination -> 25%
 Participation -> 10%
 Presentation -> 20%
 Final Examination -> 45%
Contact information
 athanasiou.m9@live.unic.ac.cy
 athanasiou.m.legalsolutions@gmail
.com
 Law Firm tel number: 22-004682
The legal system of Cyprus:
Classification of Law
 Public Law: Public is the Law that regulates the relations between the state
and the citizens. Examples include: criminal and administrative law, etc.
 Private Law: Private is the Law that regulates the relations between
individuals and the state is not involved. Examples include: tort, family and
contract law.
 Criminal Law: is the law that punished crimes. Crimes are wrongful acts
which the parliament codified in criminal code. The crimes are punishable by
state sanctions. Examples include insider dealing, fraudulent trading, forgery,
breach of health and safety at work regulations, violation of traffic code etc.
 Punishments: imprisonment, fine, community services, custody, revocation of
licenses etc.
 Civil law: is the law that is not criminal. Examples include the main body of
family law, contract law, company law, employment law etc.
 Remedies: damages, specific performance, divorce, maintenance orders etc.
 Maritime Law it is classified in the field of private law, but it falls within the
broader context of a category of law that could also be characterized as
public international law. It is distinguished by the law of the sea which is
classified in the field of public law.
Sources of Cyprus Law – 6 sources
The Administration of Justice Law – the Cypriot
Legal constitution of 1960 provides that the
following are the sources of Cyprus Law:
 1. Constitution
 2. Legislation
 A)Statutes
 B) Delegated Legislation of the UK
 3. Case Law of Cyprus
 4. European Union Law
 5. English Common Law
 6. Equity
 1. Constitution
 Constitution is the supreme law in Cyprus and it was drafted on the basis of the Zurich-
London agreements. Since Cyprus joined EU, the EU Law prevails over the constitution
(fifth amendment of the Constitution).
 The Constitution outlines the powers of the organs of Government within the state, for
example the house of representatives, government and courts. It sets out the
fundamental rights, and it also imposes constraints on the exercise of political power.
The Constitution provides, inter alia, for the establishment of a Presidential Republic and
for the strict separation of state powers. In other words, the Constitution separates and
balances the legislative, executive and judicial powers. The legislative power (the
passing of laws) is exercised mainly by Parliament, the executive power is exercised by
the organs of government for example the Council of Ministers and the judicial power for
example the resolution of disputes between people or between people and the
government, is exercise by the Courts.
 Separation of powers is not absolute and there may be overlap in the distribution of
powers in certain cases. For example the Supreme Court has the power to issue rules for
the purposes of regulating a number of issues like the civil procedure rules.
 2. Legislation
 A) Statutes: Parliamentary Laws which must comply with the constitution and EU Law.
These are laws made by the parliament. The statute may establish a new principle or
codify a common law principle (for example Handley v Baxendale has been codified in
CAP 149).
 B) Delegated Legislation: Law made by ministers, local authorities and bodies other than
the parliament. The parliament authorizes these other bodies or persons to make law.
For example laws made by local authorities, laws made by ministers. Delegated
legislation must be ratified by the parliament.
 Its main advantages are: it saves parliamentary time and it is law made by experts on a
particular field.
3. Case Law of Cyprus

 Law made by judges of the Supreme Court. Legal principles are expressed in court cases. The
principles apply if there is no existing statutory principle on the same topic and they must not
conflict with the statutes or with the constitution. The key concept of this source is ‘judicial
precedent’ – meaning legally binding decision. The rule which is established is called ‘ratio
decidendi’.
 The system of following previous decided cases is called ‘doctrine of binding precedent’. The
doctrine of precedent is at the heart of the common law system. The courts are bound by prior
decisions of superior courts. So the District Courts, for example, are bound by decisions of the
Supreme Court.
 Note: There is possibility that a new legal principle introduced by a case will not be binding
(obiter dicta principle) if it was extracted from hypothetical facts.
 Advantages: adherence to precedent helps achieve stability, which in turn gives predictability
to the law and affords a degree of security for individual rights, while at the same time allows
the system to be adaptable to changing circumstances.
 Disadvantages: it is a time consuming and complicated system.
EXERCISE -30 minutes
STATE THE PRINCIPLES (RATIO DECIDENDI) which have been established by the
following cases:

1.Hadley v Baxendale
2.Re City Equitable Fire Insurance
3.Freeman and Lockyer
4.Salomon v salomon
5.Carlill v carbolic smoke ball
6.Donogue v Stevenson
7.Caparo v cape industries
8.Hendley byrne v heller
4. EU LAW
 Following the accession of Cyprus to the EU, EU law is now a source of our law
National Statutes must comply and implement EU Law. The law of the EU, which
after accession of Cyprus to the EU, has become part of the law of the country and
inescapably has primary over all national law, including Constitution.
 EU TREATIES: the most important is the Treaty of Rome which was the foundation
Treaty of European Commission (E.C) and every new member state undertake the
obligation to follow its principles the most important of which is the obligation to
comply with EU LAW. Other Treaties require member states to respect human
rights(HR) or participate in EU committees etc.
 EU DIRECTIVES: A directive is a legislative act of the European Union which is not
self executing and which requires member states to achieve a particular result by
adopting the directive through a national statute. If the member state fails to pass
the required legislation, or if the national legislation does not adequately comply
with the requirements of the directive the European Commission can initiate legal
action against the member state in the European Court of Justice.
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 EU REGUALTIONS: European Directives can be distinguished from EU

regulations which are self-executing and do not require any implementing
measures, they apply automatically without the need to pass national
legislation.
 EU DECISIONS: these are mainly addressed to particular members states and
they are self executing.
5. ENGLISH COMMON LAW

 The common law forms part of the legal system of Cyprus. Section 29 of the
courts of justice law (L.14/60), provides that the common law applies in
Cyprus, provided :
 A) that there is no statutory provision governing the matter, and
 B) that is consistent with the Constitution of Cyprus.
Therefore the common law acts as the ‘reserve law’ of Cyprus.
6. EQUITY

 Equity is a term which refers to principles of fairness with their roots in

Chancery Court. It forms part of the legal system of Cyprus and this is
provided for in the Courts of Justice Law (14/60).
 Section 29 of the Courts of Justice Law provides that the rules of equity apply
in Cyprus, provided:
 A) that there is no statutory provision governing the matter
 B) that it is consistent with the Constitution of Cyprus.
BODIES OF EU
 1 A) THE EUROPEAN PARLIAMENT:
Is composed of representatives of the peoples of the states. That is, members of Parliament
are directly elected by the people in the various member states.
The main functions of the European Parliament are supervisory and legislative. It may
request the European Commission to submit proposals for a regulation or directive on
matters on which it considers that a community act is required. It also sometimes has a right
of veto, while at other times its only right is to be consulted.
 B) THE EUROPEAN COMMISSION:
is the executive body of the EU. It is one of the three main institutions governing the Union.
The President is nominated by the governments of the member states. The nomination of
the president, as well as the commission as a body, must be approved by the European
Parliament.
The members of the Commission must be wholly independent, and they do not act as
representatives of their countries. The Commission is headed by a President.
Its headquarters are located in Brussels. The Commission consists of 27 Commissioners, one
from each member state of the EU.
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 C) EUROPEAN COUNCIL:
Is the body where the interests of the member states find direct expression. The council is composed of
delegates of member states, each state being represented by a government minister. The council takes the
final decision on most EU legislation. It also concludes agreements with foreign countries.

 D) EUROPEAN COURT OF JUSTICE (ECJ):

The ECJ is the highest court of the EU, it should not be mistaken for the European Court of Human
Rights.
The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is
the highest court of the EU. It is based in Luxembourg.
Jurisdiction:
1. Claims by the E.C that a member state has not implemented a EU Directive or other legal requirement.
2. Claims by member states that the E.C has exceeded its authority.
3. References from national courts in the EU member states asking the ECJ questions about the meaning
or validity of a particular piece of EU law.
***** Cyprus entrance in the EU ->2004.
Organization of the Cyprus Judiciary:

 Supreme Court: Constitutional Court & Admiralty

Court
 District Courts: Civil and Criminal Jurisdition & Assize
Court
 Family Courts
 Industrial Disputes Court
 Rent Control Court
 Military Court
 1.Supreme Courts
 The Supreme Court decides on:
 1. all matters of constitutionality of legislation refered to it by the President of the Republic
or arising in any judicial proceedings.
 2. on matters of conflict or contrast of power or competence between state organs.
 3. Questions of interpretation of the Constitution in cases of ambiguity.
 4. It is the final Appellate Court in Cyprus and has jurisdiction to hear and determine
appeals in civil and criminal cases.
 5. The Supreme Court, moreover exercises jurisdiction as a Court of Admiralty.
 6. The Supreme Court, deals also exclusively with proceedings for the issue of orders of
habeas corpus, mandamus, prohibition, quo warranto and certiorari.
2. District Courts : Civil and Criminal.
 CIVIL: The District Civil Courts
have jurisdiction to hear and
determine at first instance all civil
actions, with the exception of
matters that fall within the
jurisdiction of the Rent Control
Tribunal, the Industrial Disputes
Tribunal and Family Court.
They deal with Company, Land,
Partnership, Tort and Contract Law,
etc.
 CRIMINAL: Criminal Courts deal
with crimes and there is also the
Assize Court which deals with very
serious crimes. In practice only
criminal cases where the sentence
provided by law for the offence in
question exceeds 5 years
imprisonment are brought before
the Assize Court. Offences
punishable with up to 5 years
imprisonment are tried by the
District Courts.
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 3. Family Courts: They deal with family disputes such as divorce, custody etc.
 4. Industrial Disputes Court: Employment courts dealing with employment
claims.
 5. Rent Control Court: Deals with rental agreements
 6. Military Court: Deals with military claims
 Doctrine of Necessity
 As stated by Triantafyllides J. in the Attorney General of the Republic of
Cyprus v Mustafa Ibrahim and others, ‘ the legal doctrine of necessity in
public law is in reality the acceptance of necessity as a source of
authority for acting in a manner not regulated by law but requires, in
prevailing circumstances, by supreme public interest, for the salvation
of the state and its people’.
 The Cyprus constitutions required that when legislating both the Turkish
and Grekk members of parliament should together form the quorum.
 Under the new constitution, laws could now be validly passed with only
the Greek members participating and that they alone shall previously
form the quorum. In this new constitution, the State argued, that the
Greek members of Parliament would by themselves constitute a valid
quorum, thus excluding the requirement of Turkish participation. This is
a temporary measure, and shall continue so long as the necessitating
conditions persists.
 Continue…
 The doctrine operates when:
1. An imperative necessity arises because of the existence of exceptional
circumstances not provided for in the Constitution, for immediate
action to be taken to protect or preserve some vital functions of the
state
2. There must be no other course reasonably available
3. Any such action must be reasonably necessary in the interest of peace,
order, and good government, but it must not be more than is
necessary or legislate beyond that
4. It must not impair the just rights of citizens under the Constitution
5. The doctrine does not affect the Constitution. The Constitution
remains in force.
Which of the following is NOT a source
of Cyprus Law?
 A. Common law
 B. Statutes
 C. EU Law
 D. Sharia Law
 Answer: D
The supreme court of Cyprus is the higher Court in
Cyprus with the Power to deal with the proceedings
for the issue of orders, for example mandamus.

 TRUE
 FALSE
 ANSWER: TRUE
Since Cyprus joined EU, the EU law
prevails over the Constitution
 TRUE
 FALSE
 ANSWER: TRUE
Which of the Following is not EU Law?

1. Regulations
2. Decisions
3. Treaties
4. Directives
5. Delegated legislation
 Answer: 5.
Which of the following is correct as
characteristic of Cyprus Legal System ?
1. Only statutes create legal rules
2. Only statutes and the Constitution create legal rules
3. Case law is a primary source of law
4. Case law is not a source of law

Answer: 3.
The ECJ deals with disputes affecting
human rights?
 True
 False
 Answer: False
the District Civil courts have jurisdiction to hear and determine
at first instance all civil actions, with the exception of matters
that fall within the jurisdiction of the rent control tribunal,
employment disputes and the family court

 TRUE
 FALSE
 ANSWER: TRUE
A person who claims violation of his rights and
liberties protected is entitled to resort to:

 A. the European Court of Justice

 B. the European Court of Human Rights
 C. None of the above
 D. All of the above
THANK YOU!