For the first time in the history of the Republic of Cyprus, two independent institutions are being dragged to court to resolve institutional differences, while the Constitutional Court will be called upon for the second time to decide on inappropriate behavior, with a big legal battle in Cyprus.
In a petition filed yesterday to the Supreme Constitutional Court, Attorney General George Savvides seeks the dismissal of Auditor General Odysseas Michaelides for inappropriate conduct. The request will be examined by the Constitutional Council, convened based on a regulatory provision from 2021. Representing the Auditor General are lawyers George Triantafyllidis, Christos Clirides, and Panos Ioannides. The Attorney General is represented by the law firms Kalli and Kalli and Loukis Papafilippou. The legal battle involves the top legal professionals in Cyprus, focusing on constitutional matters.
The request for the dismissal of this legal battle in Cyprus, of the Auditor General was expected due to the ongoing conflict between the two sides, which began with the naturalization cases. The Attorney General’s request was registered by lawyers Dinos Kalli of Kalli & Kalli Law Firm and George Valiantis of L. Papafilippou & Co. Law Firm.
The request for this legal battle in Cyprus was accompanied by an extensive dossier containing evidence supporting the dismissal of Michaelides. This includes letters, statements, positions, postings, and announcements by the Auditor General or the Audit Office’s spokesperson regarding issues involving both the Auditor General and the Assistant Attorney General. A special chapter addresses the allegations of corruption, highlighting the Auditor General’s statements to the media and his targeting of Legal Service heads.
Case law on requests for dismissal due to inappropriate behavior is not extensive. The only case that reached the Supreme Court concerned former Deputy Attorney General Rikkos Erotocritou, who was criminally convicted. The Supreme Court noted that the Constitution does not define inappropriate behavior for dismissing Judges of the Supreme Court, the Attorney General, and the Deputy Attorney General.
Article 115.3 of the Constitution provides that the Auditor General and the Deputy Auditor General are permanent public servants and can only be dismissed under conditions similar to those for Judges of the Supreme Court. Similar provisions cover members of the Public Service Commission under Article 124.5 of the Constitution. On the contrary, the General Accountant and the Deputy General Accountant are subject to the disciplinary control of the Public Service Commission, including their dismissal, under Article 126.4.
Legal circles emphasized that if the request reaches the hearing stage, the Auditor General’s side is determined to bring up old cases handled by the Legal Service, such as the naturalization cases, the black van case, the Katsounotos case, etc., where witnesses will be called to testify. The Auditor General has 21 days to file an objection to the Attorney General’s request for dismissal due to inappropriate behavior. By filing an objection, it means that he does not consent to the dismissal and will testify to prove that he did not exhibit such behavior justifying such action.
This legal battle in Cyprus highlights the significant role of the judicial system in resolving institutional conflicts and upholding the rule of law. For more insights and detailed information, visit the Soneverse homepage and explore further resources on law in Cyprus page.
For additional context, see related articles on the Cyprus Mail and Phileleftheros.
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