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- Ελληνικά
The European Court of Human Rights (ECHR) ruled that the applicant's application for an alleged violation of the European Convention on Human Rights (ECHR) was inadmissible as it is incompatible with the provisions of the ECHR, by the Republic of Cyprus of his right to a fair trial, in a case concerning his non-promotion to the post of President of the District Court by the Supreme Judicial Council in 2015. In particular, the applicant, a Senior District Judge at the time in question, brought an action before the ECtHR against the Republic following the rejection by the courts of Cyprus of the appeal he had brought against the decision of the Supreme Judicial Council not to promote him to the post of President of the District Court.
The ECtHR, accepting the submissions of the Advocate General of the Republic, observed that, at the time in question, there were no provisions in Cypriot law regulating the procedure for the promotion of judges, or regulations or a statutory procedure for the appointment or promotion of judges, and that the decision of the Supreme Judicial Council was based entirely on its discretion.
Criteria and procedure for the promotion of judges were adopted by the Supreme Judicial Council in 2019.
With regard to the issue of judicial remedies against the decisions of the Supreme Judicial Council, the ECtHR also observed that, prior to the judicial reform in Cyprus, there was no possibility of annulment review of the decisions of the Supreme Judicial Council in relation to the promotion and appointment of judges. Hence, the national courts consistently dismissed appeals brought by applicants against the decisions of the Supreme Judicial Council because the Council's decisions were linked to the judicial and not the administrative function of the State. It is in this context that the action brought by the applicant before the Cypriot courts had been rejected.
According to the conclusion of the ECtHR, in the absence of domestic law governing the procedure for the promotion of judges at the time in question, and taking into account the consistent approach of the Cypriot courts that the decisions of the Supreme Judicial Council are not subject to judicial review, the applicant did not have any "right" falling within the scope of Article 6§1 ECHR (right to a fair trial).
On behalf of the Attorney General of the Republic, the case before the ECtHR was handled by the Senior Advocate of the Republic, Ms Theodora Christodoulides.
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