Public vs Private Law

• Laws are classified into public and private categories

Public Law

• Addresses issues affecting society as a whole
• Includes:
  • Criminal law: Deals with actions harmful to society, like assault, theft, and fraud
  • Constitutional law: Focuses on the structure and powers of the government and the relationship between the state and individuals
  • Administrative law: Governs the activities and operations of government agencies and public officials

Private Law

• Addresses matters between private individuals or entities
• Resolves disputes between parties
• Includes:
  • Contract law: Deals with the formation and enforcement of agreements between private parties
  • Tort law: Deals with civil wrongs, such as negligence, defamation, or trespass
  • Company law: Governs the formation, management, and dissolution of companies, including shareholder rights and director duties
  • Property law: Concerns the ownership and use of real estate and personal property

Types of Courts in Cyprus

• Divided into inferior and superior courts
• Superior courts can review decisions from inferior courts

Inferior Courts

• District Courts: Handle civil and criminal cases and deal with contract breaches, property claims, and torts
• Assize Courts: Deal with serious criminal offenses, have unlimited jurisdiction, and impose punishments for murder, large-scale fraud, and serious drug offenses
  • Decisions are made by a panel of three judges
• Family Courts: Handle family law matters like divorce, child custody, and property disputes
  • A single judge presides over most cases, but divorce cases may involve up to three judges
• Administrative Courts: Handle administrative decisions of public authorities, like taxation, immigration, and public procurement disputes
• Industrial Disputes Courts: Deal with labor-related matters like unfair dismissal, wage disputes, and redundancy claims
  • A judge and two lay assessors (assistants) preside over cases
• Rent Control Courts: Handle disputes over rent, evictions, and tenancy matters in controlled areas
  • A judge and two lay members representing landlords and tenants are involved
• Military Court: Handles criminal offenses committed by members of the military, either active or reserves

Superior Courts

• Supreme Court: The highest court in Cyprus
  • Split into the Supreme Constitutional Court (SCC) and Supreme Court (SC)
  • SCC deals with constitutional matters
  • SC covers civil, criminal, and admiralty cases on appeal and issues prerogative writs like habeas corpus, mandamus, and certiorari
  • Habeas Corpus: Protects a person's right to freedom from unlawful detention by allowing a challenge to arrest or imprisonment
  • Mandamus: A court order directing a public authority or government official to perform a neglected legal duty
  • Certiorari: Allows a higher court to review and annul a lower court's decision if made unlawfully
• Court of Appeal (CoA): Hears appeals from District, Assize, and Administrative Courts
  • Divided into divisions for civil, criminal, and administrative cases, hearing factual and legal issues

Sources of Law in Cyprus

• Foundations from which legal rules and principles originate
• Cypriot legal system is based on statutory, common, and equity law
• Sources are arranged hierarchically, laws of higher authority take precedence
• Hierarchy:
  • EU Law (Treaties, secondary legislation) holds the highest authority where the EU has competence
  • The Constitution of the Republic of Cyprus is supreme in areas not covered by the EU
  • International Treaties and Conventions ratified by Cyprus take precedence over domestic laws, except for the Constitution
  • Statutes enacted by the House of Representatives are the primary source of national law, must comply with the Constitution and EU law
  • Common Law and Equity: Principles from English law
  • Common Law: Developed by judges through court decisions
  • Equity: Developed to address injustices that common law could not adequately resolve
  • Case Law (Judicial Precedents): Previous court decisions serve as guides for future decisions to ensure consistency and predictability