Cameron Miranda
Cyprus has a legal system that is heavily based on English common law, with the principle of precedent playing a fundamental role. The country's legal framework has been influenced by its diverse history, including Ottoman rule and British colonial rule. Today, Cypriot law is also shaped by its membership in the European Union, resulting in the harmonisation of its statutes and case law with EU directives. While English common law continues to be applied in certain situations, the courts of the Republic of Cyprus have developed their own body of case law, reflecting the unique features of local society.
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What You'll Learn
Cypriot law is based on English common law
The judicial system in Cyprus is composed of three levels: the first instance courts, the Court of Appeal, and the Supreme Court. The Supreme Court of Cyprus has recently published and is expected to implement new modernized Civil Procedure Rules regulating the court process in civil cases. These new rules are in line with the Woolf reforms in the UK and aim to tackle various issues in the existing system that contributed to delays in the smooth operation of the civil justice system.
While Cypriot law is heavily influenced by English common law, it has also been influenced by other legal traditions. For example, in the fields of public and administrative law, Cyprus has followed the approach found in Greek law, which in turn is based on French administrative law. Additionally, since gaining independence from British rule in 1960, Cyprus has developed its own body of case law, which is considered more authoritative and better suited to the particular features of local society.
Furthermore, as a member of the European Union, Cyprus has harmonised its statutes and case law with EU law, and EU law is now supreme to any national law and even the Constitution of Cyprus. This means that laws passed by the Parliament of Cyprus must respect European Union law, the Constitution, and International Law. The Supreme Court plays a crucial role in examining the compatibility of laws passed by Parliament with constitutional provisions.
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Cypriot courts are guided by their own case law
The Cypriot legal system is based on English common law principles, with the fundamental principle of precedent playing a significant role. The majority of its contemporary legal instruments and principles date back to the colonial legislation enacted by the British between 1878 and 1960. Despite the extensive codifications, the doctrine of precedent found in common law still holds sway. Cypriot first instance courts are bound to follow the interpretation provided by the Supreme Court in judgments that establish case law.
Cypriot law, however, has evolved independently since 1960, developing a substantial body of its own case law. This indigenous case law is considered more authoritative and suitable for the specific characteristics of Cypriot society. The island's history of Ottoman rule from 1570 until British colonisation in 1878 has also left its mark, with some codifications incorporating principles of Ottoman law, particularly in the realm of property law.
The Republic of Cyprus boasts a presidential system of government, with the president directly elected by the people for a five-year term. The Supreme Court of the Republic, along with assize and district courts, administers justice. Cypriot courts are guided by their own case law, as stipulated in Article 1(a) of the Constitution, which asserts the supremacy of EU law over national legislation and the Constitution. This hierarchy of legal norms ensures that Cypriot statutes and case law are harmonised with EU regulations.
In the absence of relevant Cypriot case law, English common law is applied under Article 29(1)(c) of the Courts Act (Law 14/60). Additionally, when cross-border cases arise, Cypriot courts follow EU regulations, such as Regulations (EC) No 593/2008 and (EC) No 864/2007, to determine the applicable law. The 'renvoi' rule further complicates this process, as courts may opt to apply either Cypriot or foreign law in its entirety, depending on the specific circumstances.
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Cyprus' legal system is business-friendly and effective
The legal system of Cyprus is based on English Common Law principles and is widely considered business-friendly, effective, and fair. It ensures transparency and reliability as it is based on well-established business practices followed in global financial centres. The country's legal system is also fully compliant with the EU, the Financial Action Task Force on Money Laundering (FATF), OECD, FATCA, the Financial Stability Forum laws and regulations, and EU AML directives.
The Republic of Cyprus has a presidential system of government, with the president being elected for five years directly by the people in a secret ballot with universal suffrage. Executive power is exercised by a cabinet of 11 members appointed by the president. Legislative power is exercised by the House of Representatives, with deputies elected for five years by universal suffrage via a simple proportional representation system.
The judicial system in Cyprus is composed of three levels: the first instance courts, the Court of Appeal, and the Supreme Court. The Supreme Court has the ability to examine the compatibility of any law passed by Parliament with constitutional provisions. Cyprus has a corporate income tax rate of 12.5%, applicable to the profits/net income of a Cyprus tax-resident company, and offers a range of exceptions and allowances. In terms of labour and employment, Cyprus law also presents advantages to investors as it is quite flexible while maintaining basic employee rights.
Cyprus has a diverse history and a strategic location, which has helped establish it as a business hub. The country gained its independence from British rule in 1960, became an EU member in 2004, and adopted the euro as its national currency in 2008. English is widely spoken and is the predominant business language, with state authorities accepting documentation in English. The impact of the COVID-19 pandemic has accelerated the long-awaited digital transformation of the public sector, enhancing the efficiency and reliability of Cyprus as a business centre and jurisdiction.
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Cyprus' constitution is subordinate to EU law
The Cypriot legal system is based on English Common Law principles, with the fundamental principle of precedent applying. The majority of contemporary legal instruments and principles date back to colonial British legislation enacted between 1878 and 1960.
However, Cyprus gained its independence from British rule in 1960, and its Constitution was adopted the same year. Since then, the courts of the Republic have developed their own body of case law, which is considered more authoritative and suitable for local society. Another important influence was continental law, especially in public and administrative law, where Cyprus has followed the approach found in Greek law, which is based on French administrative law.
Cyprus became a full member of the European Union in 2004, and its national laws have since been adapted and harmonised with EU law. According to Article 1(a) of the Cypriot Constitution, EU law is supreme to any national law and even to the Constitution itself. This is further supported by Article 169 of the Constitution, which states that international conventions, treaties, or agreements take precedence over national law (except the Constitution). As a result, the Cypriot Constitution is subordinate to EU law.
The Cypriot constitutional paradigm is unique and atypical, with a stark difference between the provisions of the 1960 Constitution and their application since 1964. The Constitution has been amended several times to remove conflicts with EU law, such as with the EU Data Retention Directive and the European Arrest Warrant. These amendments have sometimes been criticised as excessive or incomplete.
Overall, while the Cypriot legal system has roots in English Common Law, the country's Constitution is now subordinate to EU law, reflecting Cyprus's membership in the European Union and the harmonisation of its legal system with EU directives.
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Cyprus' legal system is influenced by Ottoman rule
The Republic of Cyprus has a legal system that applies within its jurisdiction. While Cypriot law is extensively codified, it is still heavily influenced by English common law, with the principle of precedent being a key feature. This influence stems from the period of British colonial rule between 1878 and 1960, when the British enacted various codifications of common law principles, known as Chapters, which remain in force.
However, the influence of Ottoman rule on the Cypriot legal system cannot be overlooked. Cyprus was under Ottoman rule from 1570 to 1878, and during this time, the Ottomans implemented their own legal system on the island. The Ottoman conquest of Cyprus resulted in significant changes, including the suppression of the Latin Church and the restoration of the Orthodox hierarchy. The feudal tenure system was abolished, and the Greek peasantry gained hereditary rights to land. The millet system was applied, allowing religious authorities to govern their own non-Muslim minorities and solidifying the position of the Orthodox Church among the ethnic Greek population.
The long period of Ottoman rule left a lasting impact on the Cypriot legal system, particularly in the field of property law. The law of property in Cyprus is unique due to the mixture of influences it has experienced. While the British introduced their own concepts of property ownership and rights, they also incorporated some aspects of Ottoman property law, which had granted the Greek peasantry inalienable and hereditary rights to land. This blend of legal traditions has resulted in a complex and distinct system of property law in Cyprus.
Furthermore, the Ottoman rule's emphasis on religious authority and the empowerment of the Orthodox Church had long-term implications for the social and cultural dynamics of the island. The Archbishop of Cyprus became not only the religious but also the ethnic leader of the Greek community, a position promoted by the Ottoman Turks. This dynamic influenced the development of Cypriot society and likely had a subtle impact on the legal landscape, particularly regarding the rights and roles of religious institutions.
In conclusion, while the Cypriot legal system is heavily influenced by English common law due to British colonial rule, it has also been shaped by the preceding period of Ottoman rule. The fields of property law and religious authority in Cyprus bear the most notable imprints of Ottoman legal and social influence, contributing to the unique characteristics of the Cypriot legal system.
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Frequently asked questions
Yes, Cypriot law is heavily based on English common law, and the majority of contemporary legal instruments and principles date back to colonial legislation enacted by the British between 1878 and 1960.
The legal system of Cyprus has a hierarchy of legal rules, with EU law being supreme to national law and the Constitution. Cypriot law is also influenced by continental law, especially in public and administrative law, which follows the approach found in Greek law and French administrative law.
The judicial system in Cyprus consists of three levels: the first instance courts, the Court of Appeal, and the Supreme Court. The Supreme Court interprets and establishes case law, which the first instance courts are obliged to follow.
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