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[Cyprus Times] Court rejects political party's appeal for deletion from the Register

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The appeal of the party "Independent-Revolutionary Alliance" for its deletion from the Register of Political Parties was rejected

The act of the Registrar was correct on the basis of an opinion of the Attorney General, says the Administrative Court

The Administrative Court, in its decision today, upheld the decision of the Registrar of the Register of Political Parties to revoke the registration of a party under the name of "Independents-Revolutionary Alliance" in the Register of Political Parties, having agreed with the content of the Advocate General's opinion to the Registrar on the "confusion that may be caused to the average prudent citizen, and by extension in the public interest, by the use of the word 'Independent' in the name of a political party", as the Court itself states.

In particular, the Court, agreeing with the position of the Legal Service, concluded that a clear distinction emerges in the possible combinations of candidates other than individual candidates, since candidates may be combinations of parties, combinations of several parties and combinations of independents, and therefore there is no possibility under the law of combining a party with independents.

The Court also ruled that in the present case, a concept was added to the name of a political party, which etymologically refers to a person outside the party, and the name of the political party itself violated the Electoral Law as regards the possibility of candidates forming combinations. Further, the Court concluded that the Registrar exercised the power he ought to have exercised by revoking an act that was in essence defective and unlawful, even giving the petitioners alternatives and options to amend the name of the party before the deadline for filing nominations.

The decision of the Administrative Court is considered particularly significant as it confirms opinions of the Legal Service on the interpretation of critical provisions of both the Law on Election of Members of the House of Representatives and the Law on Political Parties.

The case was handled on behalf of the Attorney General of the Republic by Ms Gianna Hadjihanna, Senior Attorney of the Republic and Mr Simos Platis, Attorney of the Republic.


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Views & opinions expressed are those of the author and/or Cyprus Times

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