Michalis Hadjivasilis
Β΄Μέρος
The minister does not hide about the many problems of the courts, she says that solutions for the Nicosia Court have been rolled out, while for the 42,000 cases that are pending in District Courts, solutions for their adjudication are already being worked out. Justice is changing, according to Ms. Drakou, since e-justice comes at the end of '22 and we leave the narrow-mindedness and go to the electronic recording in the trials.
-One of your priorities is the reform of Justice. However, despite the efforts made even at the highest level, things do not seem to be moving forward. Where do you think the issue “stuck” and how will you proceed?
– From the first day I took office, I stated that my priorities are the completion of the reform for faster administration of justice, as well as the legislative framework for the prevention and fight against corruption.
– Indeed, Justice, through everyone, faces very serious problems. Society justly demands and the margins of tolerance of the citizen are exhausted. A system that takes up to 15 years to perform can not survive. Any delay affects the already damaged credibility of the institutions and this finding should guide the decisions of all of us.
I would like to remind you that for this purpose I had recently started and completed a new round of consultations with the stakeholders, in order to find possible consensual solutions. At the same time I note:
• The European Commission in its report on Cyprus, in the context of the Member States' assessment of the rule of law, welcomes the proposed reform.
• The Venice Commission of the Council of Europe in its opinion welcomes the reform.
Inside, the position of all parties involved in favor of the passage of the bills, the unanimous announcements of the Supreme Court that followed, but especially the Opinion of the Venice Commission, have paved the way for the Parliament to overcome any doubts and proceed to the vote. of bills. One is the only point that needs to be overcome in order for the reform to proceed and that concerns the structure of the Supreme Court. This issue remained under constant consultation with the Supreme Court, which then expressed, in my opinion, in the most obvious way its desire for the reform to proceed. He recently issued a second statement supplementing the first, according to which any concerns and thoughts, which were democratically developed in the context of the dialogue, do not invalidate his desire and determination to promote the already delayed reform.
In fact, on this issue, the Venice Commission states that the existence of a separate Constitutional Court has often facilitated the promotion and security of the rule of law and that it sees no reason to oppose the proposed regulation, adding that any further study will yield nothing more. At the same time, it welcomes the proposed revised proposal in relation to the Supreme Judicial Council that was overcome at the recent meeting at the Presidential Palace, in a spirit of goodwill and a consensual approach shown by all parties.
SEE ALSO: Min. Justice: The three weapons against corruption
I think we have reached the decision stage. Stakeholders, the Supreme Court, the Pancyprian Bar Association, the financial / business world are pointing the way in this direction. This is not the first time that different views have been expressed in the dialogue. The Parliament has the duty to exceed them for the sake of the public interest.
– The Government is criticized for leaving the District Court of Nicosia at the mercy of God, with the building facilities from the time of the British occupation, without elevator etc. How do you answer?
– I fully recognize the needs that arise in the District Court of Nicosia and I share the relevant concerns of the President of the Supreme Court and the Pancyprian Bar Association, regarding the request for immediate measures to enhance its functionality.
That is why a meeting was scheduled, which took place at the highest level, under the President of the Republic on 15/11/2021, where relevant decisions were taken at two levels and relevant instructions were given. At the meeting it was decided to speed up the procedures for the construction of the new Nicosia Courthouse. Within 2022, the international architectural competition will be announced, for the design of the facilities of the District Court of Nicosia and the Special Courts. The Completion of the Competition and the awarding of the successful principles of 2023 is expected. Immediately after, the construction procedures will begin. At the same time, an immediate recording will be made by a team of the Department of Public Works, together with the Supreme Court and in collaboration with the Pancyprian Bar Association, in order to proceed with the execution of the required works in the existing buildings of the Nicosia District Court. The meeting has already taken place recently in the Courts, in the presence of the President of the Supreme Court and the competent Ministers of Justice and Transport and the Pancyprian Bar Association, where it was agreed to complete by January 2022 the recording, costing and preparation of works. in collaboration with all. Then start the improvement works based on the priorities that will be set by the Supreme Court, so that they can be completed strictly within the timeframes.
Within the first quarter of 2022, the fencing of the Courts area is also expected to be completed, which will significantly enhance security, as it will include monitoring and control systems. Our goal is to the extent that it is possible to provide modern, functional and safe facilities to staff, lawyers and citizens as soon as possible in Nicosia.
I would like to point out, however, that in the last five years, the Government has completed infrastructure projects of the Courts with a total value of € 28 million throughout Cyprus. In addition, an amount of € 71 million + VAT has been approved for the first phase of the Nicosia Courthouse, which includes the District Court.
The Famagusta District Court will soon be completed, while the restoration of a listed building to house the Administrative Court, the extension of the Paphos District Court, the conversion of the former hotel Hospitality into Courts and the operation of the Administrative Court into a Court of Appeal have been completed. . In addition, a building was purchased which is being renovated, to house the Family Court and the Labor Dispute Court, while renovation works are being carried out at the Limassol and Larnaca District Courts.
In the context of the improvement of the facilities of the Courts, including Nicosia, special importance is attached to technology, with the installation of the necessary infrastructure, for the smooth operation of modern equipment and the parallel operation of the Electronic Justice system (i-justice) application, and the digital system (e-justice), which is expected to be operational by the end of 2022.
In parallel with the building infrastructure, the Government addresses the staffing issues of the Courts, based on the needs submitted by the Judicial Service. In this context, there is an ongoing process of needs assessment by the Ministry of Finance in cooperation with the Supreme Court, for the placement of additional staff. In addition, new Judicial posts have been approved, including for the adjudication of cases in the District Courts.
42 thousand cases and 5 thousand appeals are delayed
– It was also said in Parliament that 42,000 cases are pending in the District Courts without the prospect of a short trial, as they are not affected by the reform. How will you act?
– It is a misconception that they are not affected by the reform. The reform, either with bills promoted by the ministry, or with projects promoted with the contribution of the ministry, reduces the deterioration, and with its implementation the so-called backlog will be gradually addressed, ie the cases that are delayed for trial, while the new cases will be handled differently.
It is a fact that the backlog includes 42,000 District Court cases and 5,000 appeals to the Supreme Court and with each passing day new numbers of overdue cases are added. The reform program also includes the introduction of technology, with the temporary implementation of i-justice from July 2021, until the implementation of the integrated e-justice system, which is estimated in the fourth quarter of 2022. The program also includes the installation and operation of the system for Digital Audio Recording of Court Proceedings (DAR). In this way, the time-consuming processes observed today are improved and simplified.
The establishment of specialized courts, which will enhance the efficient and rapid administration of justice, will also make a significant contribution. In addition to the Administrative Court and the Administrative Court of International Protection that have already been established, the debate on the bills for the creation of a separate Commercial Court and Maritime Court has begun in Parliament and I am optimistic that laws will soon be passed. These Courts, through their expertise, will effectively assist in the immediate resolution of important commercial disputes and maritime cases. At the same time, they will strengthen the attraction of foreign investments and will contribute to the emergence of Cyprus as an international center of commercial and maritime court settlements.
At the same time, a very important task in this direction is the revision of the Rules of Civil Procedure, an extremely difficult task undertaken and completed by the Supreme Court. The new Regulations ensure from the outset the timely planning of the case and the fair distribution of court time, through strict deadlines set in advance. In this way, the problem of continuous adjournments that is observed today is addressed and leads to the delay of the adjudication of civil cases, where the longest delay is identified.
Through fast, flexible and simple procedures and strict adherence to schedules, significant cost and time savings are expected. By applying all the above we will help not to worsen the backlog and to quickly promote new cases.
As for the existing backlog, work is underway by the Supreme Court to clear the backlog of cases. The project was piloted in the Paphos District Court and is currently being implemented in all District Courts. A relevant study has been prepared by the Director of Court Reform and an Action Plan is now being prepared, with the help of foreign experts, to address the problem, which will include setting specific timetables and implementation stages. Both the new Rules of Civil Procedure and the task of eliminating backlogs are linked to the Recovery and Durability Plan. In fact, in the context of strengthening the work of the backlog, the Ministry of BTI submitted a bill that provides for the extension of the jurisdiction of the Senior District Judge and the District Judge.
Of course, passing bills is not the magic wand that will immediately eliminate all problems. A second bigger real challenge is created: the effective implementation of the projects, in order for them to become effective and to bring the desired results for everyone. But we have to start somewhere.
Immigration has brought changes to Justice
– At the moment, two buildings (formerly Astra and Filoxenia) remain in disuse while millions have been spent on their purchase and renovation. Were the plans not made correctly?
-The building of the former hotel Filoxenia, was renovated and converted into Courts in order to house the Court of Appeal and the Commercial Court and the Maritime Court, which will be established with the passage of the bills for the Reform of Justice. Unfortunately, to date, it has not been possible to pass the relevant bills in order for these Courts to function.
I do not agree that the plans made were not correct. On the contrary, the Government had provided for the necessary facilities to be available, in parallel with the approval of the bills, which for reasons that everyone knows, have not yet been passed. It is noted that these spaces have not remained in disuse, but are used when needed, such as for housing the Research Committee for the naturalization plan.
The “Astra” building was purchased by the state with the aim of housing the Administrative Court of International Protection. Subsequently, due to the rapid deterioration of the immigration problem, the needs of the Court were revised by the Supreme Court. In the recent meeting with the President of the Republic, the competent Ministers, the President and the Supreme Judges, it was agreed that the Court of International Protection remains in the building of the former Cooperative where it is today, with the prospect of expanding it with an additional building, near the reception areas. immigrants. The Court was also strengthened with 5 additional Judges (10 in total).
In addition, it was decided that the Astra building will house the Family Court and the Labor Disputes Court and the relevant renovation procedures have already been promoted by the Department of Public Works, with instructions from the fellow Minister of Transport.
