The Plenum of the Parliament amended the Constitution of the Republic of Cyprus, to allow for the possibility of the use of the English language in the established Commercial Court and the Maritime Court, which will hear major commercial disputes.
The amendment to Article 3 of the Constitution was adopted by 39 votes in favour, 12 against and one abstention.
During the debate, MPs expressed strong disagreement with this amendment to the Constitution, highlighting the need to preserve both Greek and Turkish as the official languages of the Republic of Cyprus, even referring to a development that may pose risks in the future.
According to Article 3 of the Constitution, the official languages of the Republic are Greek and Turkish and proceedings before the courts shall be conducted and judgments rendered in Greek if the parties are Greek, in Turkish if the parties are Turkish and in Greek and Turkish if the parties are Greek and Turkish.
The law passed provides for a restriction on the possibility of using English in proceedings before the Commercial Court and the Maritime Court only. It is clarified that proceedings before a court include the registration of a pleading or document or the filing of a document or testimony and that the use of English is permitted when drafting court decisions or orders.
It is also made possible for the use of English by a court superior to the Commercial Court and the Maritime Court when the superior court is examining or reviewing decisions or orders of the Commercial Court and the Maritime Court.
Placements of MPs
During the interventions in the plenary session, ELAM MP Sotiris Ioannou said that the party is against the amendment on principle, citing the need to preserve the Greek language, while he also said that even in times of harsh English rule, nothing similar was imposed in the constitution. He also said that ELAM has tabled an amendment to the Commercial Court Bill which will come in the coming weeks and called on the parties that will vote for the amendment to the constitution to support their own amendment.
Limassol MP Andreas Themistocleous asked what is the necessity for the amendment, since he said that today the courts of Cyprus accept any document in any language and any witness in any language, as long as there is a Greek translation. At the same time, he said that none of the ten countries with the largest merchant fleets in the world has a different language in the courts from its mother tongue. He added that what is being done is a cannibalisation of the Greek language and Cypriot justice and will not add a single ship to the Cypriot register. He also said it is a crack to reintroduce the English language in the Cypriot judiciary.
PPP MP Alekos Tryfonidis said the party will vote in favour of allowing the English language to be used in the commercial court and admiralty court as this will help the Cypriot economy. He noted that the Greek language is not abolished in this way and that Greek and Turkish remain the official languages of the Republic of Cyprus.
EDEK MP Kostis Efstathiou said that the constitutional amendment is unnecessary, unnecessary and dangerous and that the basis of the political system of Cyprus, which is bicommunalism, is being modified. He noted that at the moment no one can prohibit anyone from being tried in the language they seek. He added that in Cyprus in 1989 the Law on the Official Languages of the Republic was passed which says that any documents written in English or any other language before 1989 are admissible in court. He said an amendment to that law that would remove 1989 and make documents admissible in perpetuity would resolve the issue. He added that in the court in Paris proceedings are conducted in English because their law allows it, they did not amend their constitution.
He also said that the amendment is dangerous since in the future another parliament will probably do even worse, abolish the Greek or Turkish language. He further indicated that the Constitution on which the Republic of Cyprus was built must be respected like the apple of his eye. Finally, he noted that they are voting against the amendment for legal and political reasons.
DIKO MP Panicos Leonidou said that if the constitutional change and the amendment are passed, the first cases will be dropped due to unconstitutionality.
It is our duty as E/C MPs, he added, who fought to preserve our Greekness, to finally stop finding ways and tools to erode and create cracks in the continuation of the Greek language for the sake of economic interests. He added that the Greek language was important in the historical and cultural survival of Hellenism. The intended amendment, he noted, is contrary to what constitutes conditions for the continuation of Greekness and is a gradual erosion of the history and identity of the people.
He also said that there should be a reflection on the exceptions, special treatment and participation of foreign judges, which, he said, may alter the character of Cypriot law.
He noted that he could not support the amendment to the constitution and that the DIKO parliamentary group would position itself at will.
AKEL MP Andreas Pasiourtides said that the amendment does not abolish the Greek language, but allows the proceedings to be conducted in English and the pleadings to be in English. He added that what is being said about the abolition of the Greek language does not exist, nor is there a risk of appointing foreign judges, since it is stipulated in the law that they must have the qualifications of a president of a provincial court.
He also said that this amendment is intended to allow Cypriot courts to be used by investors who include arbitration clauses in their contracts. He also said that these courts would hear cases worth 2 million or more and no Cypriot weaker than the big interests would be at risk, something AKEL had insisted on.
AKEL, he added, would support the amendment as a step towards modernisation in the justice sector.
DISY MP and President of the Legal Affairs Committee Nikos Tornaritis said that this particular piece of legislation has nothing to do either with the Greek language or with the history of Greeks from the depths of the centuries until today. He noted that after Brexit, France, the Netherlands and Germany immediately introduced the institution of the commercial court with the English language and raised the question, why did these countries go ahead with this
He noted that in order for the English language to be used in these two courts, one of the parties must request it and the judge must also decide that it can be done. He added that this possibility has been requested by many Cypriot-owned shipping companies.
In a world that is very troubled and the future is doubtful and all states are asking for hope for financial support, he noted. Tornaritis, the amendment is also a national act as it supports the country and establishes court jurisdiction to attract wealthy litigants and boost the state coffers.
Source: KYPE
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