[PIO] Invalid decisions of the former Council of the Pancyprian Bar Association in relation to the conviction of a law firm

A body or institution cannot act simultaneously as "prosecutor" and "judge", says the Supreme Court

The conviction of a law firm and the fine imposed on it of €19.000, as a result of the related decisions taken by the former Council of the Pancyprian Bar Association (PBA) in May 2023, was annulled on Monday, 8 July 2024, by the Supreme Court, which issued the privileged writ of certiorari requested by the law firm, seeking the annulment of these decisions of the PBA Council.

This is the first time such a decision has been issued by the Supreme Court, which, in the context of a petition for certiorari, was asked to review the legality of the decisions of the IDA Council, which, acting as the Supervisory Authority for attorneys, proceeded to both convict and sanction a law firm.

The Supreme Court, examining the merits of the application and adopting the positions of the Legal Service of the Republic, which, on its instructions, appeared as a friend of the Court (amicus curiae) to set out the Republic's positions on the matter, held that the Council of the EPC, in the present case, acted simultaneously as 'prosecutor' and 'judge', thereby violating the principle of impartiality, the fundamental principles of natural justice and the principles of a fair trial. "It is therefore clear that the combination of the qualities and functions of 'Examiner/Investigator' and/or 'Prosecutor' and/or 'Judge' renders an Institution or Body not impartial, both within the meaning of Article 30 of the Constitution and within the meaning of Article 6 of the European Convention on Human Rights," the Supreme Court said.

This decision of the Supreme Court confirms the established position of case law that lawyers are officers of justice and disciplinary proceedings against lawyers have a judicial character because of the relevance of the legal profession to the administration of justice.

On behalf of the Attorney General of the Republic, the case was handled by Ms Elena Papageorgiou, Attorney General of the Republic, Ms Maria Drimioti, Attorney of the Republic I and Mr. Sofoklis Karasamanis, Lawyer of the Republic.

(MΛ)

Contents of this article including associated images are belongs PIO
Views & opinions expressed are those of the author and/or PIO
Source

Source

[/P]