Presentation by Dr Christos Artemides, President of the Supreme Court of Cyprus

International conference on “The Position of Constitutional Courts following Integration into the European Union”, held in Bled – Slovenia, from 30 September to 2 October, 2004.

 
As citizens of the Republic of Cyprus we are indeed very proud because our country satisfied all the criteria and passed with flying colours all the preparatory steps before joining the European Union, together with the other nine member states, on 1st May, 2004.  Cyprus, a small but beautiful island in the Eastern Mediterranean with just below a million inhabitants, is widely acknowledged as having a good and stable economy, with its people enjoying a high standard of living.  There has never been any appreciable group of eurosceptics in Cyprus.  I have  the view, although I do not profess to be an expert in the field, that our joining the European Union will not bring an upheaval in the country´s small and versatile economy or social structure. 
 
The citizens of Cyprus looked upon the path leading to the European Union, and now as members of it, with high hopes and great expectations for the fulfilling of the ideals embodied in the preamble of the Maastricht agreement on 7th February 1992.  These ideals and common goals constitute a concrete basis in the aspirations of Cypriots for the solution of the long standing political problem of their country.  Their longing for a viable and lasting solution stands on the strong pillars of the principles of freedom, democracy and respect of human rights and fundamental freedoms, in a state where the rule of law will prevail. 
 
            Our Supreme Court is well familiar with the above principles.  They are embodied in our 1960 Constitution, when the Cyprus Republic was established.  Part II of the Constitution is wholly devoted  to the provisions safeguarding the fundamental rights and freedoms, as same have been specified and ratified in the Rome Agreement and the Convention for the Protection of Human Rights and Fundamental Freedoms, which the Republic of Cyprus ratified by law in 1962.  (Photocopy of Part II of our Constitution is attached).
 
            The Supreme Court of Cyprus, which exercises a wide jurisdiction i.e. first instance in some cases, appellate, administrative and revisional, functions also as Supreme Constitutional Court, with jurisdiction to declare laws, bylaws and administrative decisions as unconstitutional.  It also gives its opinion when the President of the Republic refers to the Court a law, passed by the House of Representatives, whether this law or any provision in it, is unconstitutional.  In exercising its jurisdiction the   Supreme Court, as well as all the Courts of the Republic, have proved to be the rigid and unbending guardians of the civil rights and liberties of the person.  Our case law is rich in this field, and starts right from the beginnings of the Cyprus Republic.  In fact, our firm stance in safeguarding the fundamental rights and freedoms, led, in some cases, the Court to proceed even further than the case law of the European Court of Human Rights.  Recently, the Plenum of the Court has ruled that a person, whose right to private telephone communication had been violated, by recording it through a mechanical device, had a right of action against the intruder, and was awarded damages, although no law provides that this intrusion is actionable as a tort.  Inspite of this, we held that the violation was actionable per se.  We are also more strict than the European Court of Human Rights on another important topic.  According to our binding precedent, evidence obtained through the violation of a constitutional right is objectionable and, therefore, rejected by the court.
 
            The Republic of Cyprus is welcoming the adoption  of the European Charter – Constitution, and hopes that this important instrument will be ratified by all member states. For us, its most important part is the one safeguarding the fundamental rights and freedoms, although, admittedly, this is done in general terms that lack the lucidity a legally binding instrument should have.  Its application though may rest in good faith and in the common endeavour to safeguard the rights of the individual and the good administration of the public affairs by the government. 
 
I venture to express the humble opinion that no serious conflict would arise between the rights envisaged in the European Union Constitution, and those provided for in the European Convention, although this subject has created much controversy and theoretical discussion.  I trust that the European Union would sign the Convention for the Protection of Human Rights and Fundamental Freedoms, so that the European Court of Human Rights will be the ultimate judge in all cases of violation of its provisions by a member state. The European Community Court has, after all, ruled, if I am right, that every E.U. member state is obliged to respect the decisions of the European Human Rights Court. 
 
Another serious problem that poses for consideration, in fact it has been the topic for discussion in a number of conferences and seminars, is the comformity of the laws of the E.U. member states with the European corpus of binding rules i.e. treaties, agreements and directives, known in short as European acquis.  I have the view that the differences of opinion arising on this subject are mostly theoretical and of a rather exaggerated importance.  The problems, if any, would arise in due course, along with the relevant decisions of the courts of the member states.  I expect that the courts will apply the national law in such a way that their decisions would not contradict the acquis communautaire.  In the rare case, when this could not be done, because the national law is in direct contradiction with an E.U. obligation, then, it is my humble opinion, that the member state should take appropriate steps so as to conform its law with the E.U.  legal obligations.  And this because, the agreement, which unified the 25 member states, is unique in history and content.  It is not an ordinary bylateral or multilateral  agreement on a specific topic or subject, on which the states have common interest. I will not elaborate on this serious subject further. I could only stress, in synopsis,  the fact that the E.U. agreement regulates in practice the daily life of the citizens  of the member states, and to a great extent the administration of the affairs of each state by its government and other public organs.  The sublime ideal and goal of the E.U. agreement will prove to be successful only if the member states are ready and willing to abide by its provisions.
 
Our Supreme court feels, therefore, strong in spirit, as well as in background knowledge and experience, to meet the new challenges, arising from our joining the E.U.  The ardent desire of the citizens of Cyprus, as I have stressed earlier, is focussed on their lawful and valid expectations that the principles, which have united Europe, will truly lead the thoughts and behaviour of the citizens and governments of every member state.  These principles must prevail over and above any other consideration, and in particular political or economic interests of the great powers, so that each and every one of the citizens of the member states will feel that the main purpose for the unification of Europe is the advancement of a better quality of life for them. 

Summary of the presentation by Mr. Chr. Artemides
President of the Supreme Court of Cyprus,
as representative of the Republic of Cyprus.
 
International conference on “The Position of Constitutional Courts following Integration into the European Union”,
Slovenia – 30.9.04 – 2.10.04
 
As citizens of the Republic of Cyprus we are indeed very proud because our country satisfied all the criteria and passed with flying colours all the preparatory steps before joining the European Union, together with the other nine member states, on 1st May, 2004.
The people of Cyprus hold high hopes and have great expectations in the fulfilling of the ideals enshrined in the European Union Agreement for freedom, security and respect of human rights and fundamental freedoms of the individual in a democratic society. 
All the above principles are embodied in the 1960 Constitution of the Cyprus Republic.  Part II, of the Constitution is wholly devoted to the provisions safeguarding those rights and freedoms.  The Republic of Cyprus has also ratified by law, in 1962, the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Supreme Court, as well as all the other courts of the Republic, have since 1960 proved to be the unbending guardians of the civil rights and liberties of the person.  Indeed, the case law of our Supreme Court shows that we safeguard very strictly the fundamental freedoms and human rights.
The Republic of Cyprus welcomes the adoption of the European Constitution, and hopes that all the countries of the European Union will ratify it, and also that the Union will accede to the Convention for the Protection of Human Rights and Fundamental Freedoms, thus giving jurisdiction on the matter to the European Court in Strasbourg. 
It is my humble opinion that no serious problem would arise in bringing into conformity the European Union Laws with the laws of the  member states, since the ideals and goals of the European Union are common.  What is needed is determination and good faith. The Supreme Court of the Cyprus Republic feels strong in spirit and has also the necessary knowledge and experience to meet the challenges arising from our joining the European Union.  We, therefore, feel confident for the future.  The perspectives are bright.
 
                                                           Chr. Artemides,
                                                                President,
                                             Supreme Court of Cyprus.
 
 
 
 
 
 
 
15th September 2004.