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Constitutional Court: Judge's Long Tenure in Same Court Undesirable

By Staff
Constitutional Court: Judge's Long Tenure in Same Court Undesirable
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The Supreme Constitutional Court has opined that judges should not remain in the same court for many years, due to the need to preserve impartiality in Cypriot society.

The decision was issued while examining the application of a Family Court president, who, after 14 years in Nicosia, was transferred to the court in Larnaca. The Court rejected the judge's objection, emphasizing the need for equal treatment of judges and the smooth operation of the Courts, given the small number of judges in Cyprus.

According to the decision, the judge was appointed on 1.10.2008 and placed in the Family Court of Limassol, while also serving in the Paphos Family Court. A condition of her appointment was the possibility of transfer to another city, depending on the needs of the service. On 10.9.2011, she was transferred to Nicosia, and between 2013–2016 she also worked in Larnaca-Ammochostos. On 16.12.2024, she was appointed President of the Family Court.

The judge's side, through lawyer Achilleas Emilianides, argued that the transfer decision was unjustified and taken without investigation. The Court emphasized that the needs of justice in Cyprus make a system of transfers necessary, but with safeguards for judges.

The Court rejected the objection, stating that seniority does not provide protection against relocation, which would lead to the consolidation of the oldest judges in courts of their preference.