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Tuesday, April 16, 2024

Bar Association: The decision to establish a single supervisory authority for companies providing administrative services is unacceptable

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    ΔικηγορικσΣ&lambda λογος: Απαραδεκτη η απoφαση για &sigma ;yσταση ενιαΙας εποπτικorς αρχorς ε&tau ;αιρειoν παροχorς διοικητικoν υπ&eta ;ρεσιoν

    >The Pancypriot Bar Association characterizes the decision of the Council of Ministers to establish a single supervisory authority for administrative service companies as unacceptable, saying that the decision was taken without effective prior consultation.

    In a statement “following today's statements by the Minister of Finance regarding the decision of the Council of Ministers”, the PDS warns that any implementation of the decision will constitute “another act of undermining the rule of law, as was done in several other cases with a recent example of what have seen the light of day regarding the issue of ensuring journalistic confidentiality and the relevant positions of the Republic of Cyprus”.

    The PDIS considers that the decision in question contradicts basic provisions of the Law, including the respect of Lawyers' Professional Confidentiality as ensured by recent decisions of the Court of Justice of the European Union, such as the decision dated December 8, 2022 in Case C-694/20 Orde van Vlaamse Balies, IG, Belgian Association of Tax Lawyers, CD, JU v. Vlaamse Regering, as well as in the decisions of the European Court of Human Rights including the decision of December 6, 2012 in the Michaud v. France (12323/11).

    He also considers that the specific decisions were extensively analyzed by the same European lawyers who handled the case before the Court of Justice of the European Union at a Conference of the Pancypriot Bar Association on January 16, 2024. in which, as reported, the Ministry of Finance was invited to attend but did not participate.

    Therefore, the PDS notes, any invocation of European practices for the above decision of the Council of Ministers is unfounded.

    The PDS “regretfully” observes that the decision in question is taken “in an attempt to obfuscate and covering up the weaknesses presented by bodies of the executive power in matters of sanctions implementation, and especially the Sanctions Implementation Unit (SUN), as well as an attempt to shift their responsibilities”.

    He also assures that he will take all the necessary actions to implement the principle of the Rule of Law, including the faithful observance of the decisions of the Court of the European Union, and will inform all European and international institutions.

    The PDS also notes that aspects of today's decision constitute a manifestly illegal and disproportionate restriction of the existing provision of administrative services by lawyers, which is already regulated, since 2012, by the Law on the Provision of Administrative Services, expressing strong disagreement with the possibility of imposing a maximum limit on the number of companies that service companies will be able to serve, something which, as it is emphasized, was attempted to be adopted at a European level and was not promoted.

    “Such decisions will lead to a shrinking of the service sector, a sector which is an important pillar of the Cypriot economy, which the Ministry of Finance does not seem to realize by promoting the aforementioned positions”, adds the PDS.

    Source: cyprustimes.com

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