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- Ελληνικά
On the legal issue of whether the extension of the term of office of mayors and municipal councils, which took place in 2021 by amending the relevant legislation, is constitutional, the Administrative Court answered today during the examination of an appeal pending against the Paphos Municipality and the Paphos Municipal Council. The appeal concerned a decision by the local authorities of the province in 2022 to ban the use of a particular building in Kato Paphos.
The petitioners' position was that since Article 173 of the Constitution stipulates that municipal councils of municipalities are elected by direct vote of the people, the extension of the term of office of mayors and municipal councils (which was extended by an Act of Parliament from 1.1.2022 until the holding of elections for the election of members of the European Parliament in 2024), is unconstitutional and violates the principle of popular sovereignty.
The Attorney General of the Republic, due to the seriousness of the issue raised for the State and although he was not a party to this application, requested and received permission from the Court to appear as an "amicus curiae" (friend of the Court). Similar leave to intervene was granted to the Union of Cyprus Municipalities. In the classical sense of "amicus curiae", the primary purpose of such intervention by a third party is to enable him to assist the Court in a case of legal doubt or error.
In its decision, the Administrative Court, embracing the positions of the Attorney General of the Republic, held that Article 173 of the Constitution makes no reference to the term of office of a mayor or municipal council, hence the extension of the term of office of that council does not violate the Constitution. In particular, as the Court pointed out, the five-year term of office of mayors and municipal councils was later regulated by law. Given that the election of the Paphos City Council was held in accordance with the Constitution and by direct vote of the people, and since Article 173 of the Constitution does not contain a provision in relation to the duration of the term of office of an elected council but the matter is regulated by law, the extension of the term of office of the Mayor of Paphos and the Paphos City Council by law does not violate the Constitution.
On behalf of the Attorney General of the Republic, the case was handled by the Attorney General of the Republic Ms. Gianna Hadjihanna and the Lawyer of the Republic I Ms. Theodora Piperi.
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