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Next Previous Ionas Nikolaou: Significant institutional change the Commercial Court and Maritime Court HOME • INSIDER • CYPRUS • Ionas Nikolaou: Significant institutional change the Commercial Court …
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I consider the passing of the legislation for the establishment of a Commercial Court and a Maritime Court, as one of the most important institutional changes in our judicial system, says the former Minister of Justice Ionas Nikolaou.
Specifically in his letter entitled “A due response” for the enactment of legislation for both the Commercial Court and the & nbsp; Maritime Court & nbsp; notes that, “an additional innovation of the reform package in our judicial system, as far as civil jurisdiction is concerned, with the aim of faster adjudication of court cases (commercial and maritime cases) in our country, is implemented with the passage of the law governing the establishment of the Commercial Court and the Maritime Court. Five years have passed since the decision of the Government of Nikos Anastasiadis, through the then competent Minister of Justice and the then President and members of the Supreme Court to establish the Commercial Court and its inclusion by the Irish experts in their report, as a measure the wider modernization of the judiciary, including the restructuring of its highest level and the substantial improvement of the quality of its perceived independence. & nbsp; & nbsp;
A decision taken to modernize civil justice in our country, by providing high quality dispute resolution, and strengthening the competitiveness of Cyprus as an upgraded service center and the influx of foreign investment, playing an important role in its long-term development. The court is expected to be a model of operation aimed at the speedy adjudication of cases and to help improve the procedures and the time of adjudication in civil cases in general. The study of the Court's recommendation was based on the standards of other developed respective judicial systems, countries that attach particular importance to the provision of similar services, such as the United Kingdom and Ireland. “& Nbsp;
Difficult times but…
The former Minister states that “Unfortunately, the passage of the legislation marks a period when, instead of promoting free competition in the provision of financial and commercial services, it is affected by the consequences of the crisis caused by the Russian invasion of Ukraine. & Nbsp; The unprecedented package of coordinated sanctions has already severely hampered Russia's aggressive war, and restricting its access to financial channels has intensified pressure on Russia over time. Restrictive measures cause & nbsp; already have a significant impact on all economic sectors – financial, commercial, technological and energy – and are deepening the global economic crisis caused by the pandemic and putting global food security under serious pressure.
The general ban on the provision of accounting, administrative, consulting or other services to companies on the pretext that they can be used to circumvent sanctions, as well as the Commission's intention to ban all shipping, brokerage, insurance and financing services offered by its companies For the transfer of Russian oil to the world, the only thing that will succeed is for Europe itself to “shoot itself in the foot”, as these services are undertaken by companies outside the EU, the sanctions do not have the expected impact on the Russian economy and in essence they are just helping Europe's competitors.
The establishment of the Commercial Court and the Maritime Court comes at a time when it can reasonably be said that the activities from which its jurisdiction derives are in a deeply competitive crisis, such as the adjudication of cases defined as commercial disputes where the claim exceeds two million . Specifically, claims are defined as claims from contracts or disputes between companies, purchase or sale of goods, exploitation of oil or gas, insurance cases, purchase or exchange of shares, intellectual property, etc. & nbsp;
< p>The Commercial Court will have a separate structure, will operate outside the District Courts and will follow a 'fast track' procedure, which can be completed in the first instance up to 18 months and will be proportional to the time of adjudication of cases in second instance – that is, before the Court of Appeal. While with the operation of the Maritime Court, our place emerges as a complete maritime center, restoring the inability of our judicial system to meet the requirement of resolving legal disputes for ships registered in Cyprus.
Despite the impact of sanctions and restrictions, despite the unintended consequences for some Member States, reviewing the relevant study then submitted to the members of the Supreme Court, I am pleased to note that it remains relevant and can serve its purposes and conclusions. This is of course only on the condition that we remain committed to the radical restructuring of our judicial system so that the rule of law is not undermined by the lack of control over the functioning and independence of the Courts, especially in their supreme structure. Ensuring a system with adequate self-control of the courts at their highest structure and thus preserving the independence of the judiciary at a high level remains an important precondition for bringing similar cases to trial in the Commercial Court and the Maritime Court. “Unfortunately, the operation of the Commercial Court and the Maritime Court to provide a high quality dispute resolution is in danger of being derailed due to established institutional weaknesses that are maintained for reasons that certainly do not serve our judicial system.”
justice and the urgent form of reform
Mr. Ionas notes that, “They completely ignore the classification elements of our judicial system which, as is well known, will be evaluated in detail by every interested party, before selecting our courts to resolve a court dispute. The most basic criterion is the perceived independence of the judiciary, that is, the impression he has and the general public about the operation of our courts. An estimate which according to the EU Report on the ranking of the rule of law for Cyprus is at a moderate level (40% -59%), in 2021 only 41% consider the independence of the judiciary as “good enough” or ” very good “, while in 2020 it was 48%, ie it decreased by seven points and is a little behind to move to the category of low level (30% -39%). To move to the high and very high level of competing countries, such as the United Kingdom and Ireland, on whose standards the original Commercial Court bill was based, we need not only units, but determination to bring about the necessary institutional & nbsp; changes in the supreme structure of our courts. The institutional function of the Supreme Constitutional Court and the Supreme Court, as equal courts, which will be able to exercise sufficient mutual control, provide the guarantees for a high level of rule of law, exalt for the level of justice in our country. & nbsp; & nbsp;
With all due respect to every different point of view (lawyers or not) and given the facts, I consider the passage of legislation to establish a Commercial Court and Maritime Court, as one of the most important institutional changes in our judicial system, which despite its eager voices restricted to legal approaches, can help the judiciary to gain the necessary level of independence and the ability to adjudicate in court cases that have arisen beyond the borders of our country. “
Finally, he notes that,” That is why we expect from our dear Members of Parliament, and in particular the President and the members of the Legal Committee, that they will complete the examination of the bills for the reform of justice in our country and will not hesitate to make all the necessary changes, considering with due reservations the ongoing legalistic approaches that tend to hide the real truth and c which will soon be followed by another due response. “Otherwise we can not be considered a service center without a high level of independent and rapid delivery of justice.”
