Comprehensive answers in relation to the law of necessity and whether it is affected in any way by the planned justice reform, are expected from the Ministry of Justice by the MPs of the Legal Affairs Committee. At Wednesday's committee meeting, in the presence of Minister Stephie Drakos, the article-by-article debate on the three amended bills began. All MPs agree that there is an urgent need for reform and that the justice sector in our country is on the verge of collapse
However, the debate raised the issue of the law of necessity from AKEL and whether this will affect the reform, while the issue of the commercial and maritime court and the use of the English language remains a thorn in the flesh.
Committee chairman Nicos Tornaritis said in statements after the meeting that there is an admission by all that the judiciary is facing the spectre of collapse. He said that issues were raised today that had not been raised either at the meeting at the Presidential Palace under President Nicos Anastasiades or at the Legal Committee. These issues, he said, need answers and the government's positions are awaited. Tornaritis appealed to those involved to attend next Wednesday's debate because, he said, it is not possible for those who say that the judiciary is collapsing to be absent from the debate.
On the issue of the commercial court and the admiralty court, Mr. Tornaritis said that there are concerns from MPs on the issue of the English language, adding that those who have objections should reconsider them because Cyprus, its image and prestige as an international commercial centre will be enhanced by the operation of these courts.
On the law of necessity, Tornaritis said that this saved the Republic of Cyprus and added that the Minister will come with comprehensive recommendations on this issue. He said that he did not see any question being raised about the basis of the Republic of Cyprus but, as he noted, the Minister should provide answers.
AKEL MP Aristos Damianou said that the Minister made a commitment to examine the concerns and reservations on the issue of the law of necessity. He explained that it was through the invocation of the law of necessity since 1964 that the continuation of the Republic of Cyprus was recognised. Damianou said that a legal position is expected, documented and scientific, because when the TCs withdrew from the state, the RS invoked this law for its recognition and that with the proposal today to establish two supreme courts, the Supreme Constitutional Court and the Supreme Court, as part of the reform of the judiciary, we are returning to the 1960s regime. He said that these are very delicate issues and a constitutional examination and position is expected because the way the Supreme Court operates should not be questioned.
EDEK MP Kostis Efstathiou said that the reform of the judiciary is a very serious issue and in this light it should be considered, without a superficial approach. He said that we should be very careful because many issues are involved.
On the issue of the commercial court and the use of English, he said that we should protect the constitution which refers to the official languages (Greek and Turkish) and expressed the view that the amendment to add English should be made by law and not by amending the constitution.
Regarding the law of necessity, the EPP MP said that the reform does not abolish the law of necessity, that it is the instrument for constitutional principles and that it works in a complementary way. So for us, he said, there is no danger.
Source: CNA
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