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Antonios K. Anastassiou v. The President of the Republic (1983) JSC 22 KI-generiert

Court holds Public Service Commission termination is not an act of government and is subject to judicial review under Article 146.1.

Geschäftsnummer Antonios K. Anastassiou v. The President of the Republic (1983) JSC 22
Gericht / Behörde
Rechtsordnung Zypern (CY)
Entscheiddatum
Ausgang Gutgeheissen (Allowed)
Originalquelle öffnen Maschinenlesbares Markdown (.md)

Legislator-Zusammenfassung

KI-generiert

The court ruled that the termination of a Public Service Commission member's services does not constitute an 'act of Government' and is therefore subject to judicial control under Article 146.1 of the Constitution. The applicant argued for judicial review, while the respondent contended the matter was non-justiciable executive action. The decision follows the precedent set in Louca v. President of the Republic, establishing jurisdiction over such administrative terminations.

Legislator-Regeste

KI-generiert

Article 146 of the Constitution; Article 146.1 of the Constitution: An administrative termination of a Public Service Commission member is not an 'act of Government' and may be subjected to judicial control by the Supreme Court.

Schlagwörter

KI-generiert
Public Service Commission act of Government judicial control constitutional recourse administrative termination jurisdiction Supreme Court Rücktritt der Regierung

Zitierte Gesetzesbestimmungen

KI-generiert
Article 146 of the Constitution
In the matter of Article 146 of the Constitution
Article 146.1 of the Constitution
Public Service Commission - Member - Termination of Services - Not an “act of Government” - Can be subjected to judicial control by means of a recourse under Article 146.1 of the Constitution - Louca v.

Zitierte Rechtsprechung

KI-generiert
Louca v. President of the Republic (1983) 3 C.L.R. 783
Public Service Commission - Member - Termination of Services - Not an “act of Government” - Can be subjected to judicial control by means of a recourse under Article 146.1 of the Constitution - Louca v. President of the Republic (1983) 3 C.L.R. 783 followed.
KI-generiert
CY-AAD-meros_3-1983-rep-1983_3_0783
Court allows pending termination of Public Service Commission member as non-act of government.
CY-AAD-meros_3-1993-rep-1993_3_0367
Supreme Court dismisses appeals where public interest is not specifically substantiated to justify administrative action.
Aναθεωρητική Έφεση Aρ. 3546
Supreme Court dismisses appeal as President's dismissal of Police Chief is a non-justiciable act of government.
Υπόθεση Αρ. 1266/2011
Supreme Court annuls dismissal of Chief of Guard due to lack of hearing and vague public interest reasons.
Yπόθεση Aρ. 447/1997
Supreme Court dismisses appeal as termination of honorary consul is a political act exempt from review.

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Volltext

[*22] 1983 May 21

(TRI ANTAFYLLIDES, P.)

REVISIONAL JURISDICTION

In the matter of Article 146 of the Constitution

Antonios K. Anastassiou,

Applicant,

v.

The President of the Republic,

Respondent.

(Case No. 133/82).

Public Service Commission - Member - Termination of Services - Not an “act of Government” - Can be subjected to judicial control by means of a recourse under Article 146.1 of the Constitution - Louca v. President of the Republic (1983) 3 C.L.R. 783 followed.

T. Papadopoulos, for the Applicant.

R. Gavrielides, for the Respondent.

X. Xenopoulos, for the Interested Parties.

JUDGMENT

The following judgment was delivered by:-

TRIANTAFYLLIDES, P.:- For the reasons given in the judgment which I have just delivered today in case No. 32/82 (Louca v. The President of the Republic)+ I find that the complained of termination of the services of the applicant as a member of the Public Service Commission is not an “act of Government” and can, therefore, be subjected to [*23] judicial control by this Court in the present proceedings.

The further hearing of this case on its merits will be fixed after the expiry of the period during which an appeal may be made by any party to this case against my above finding, and if 'such an appeal is made I shall await the outcome of the appeal, because it will not be proper to deal with the merits of this case so long as there would exist the possibility of being found on appeal that the sub judice decision is, contrary to what I have held, an “act of Government” and, therefore, that I have no jurisdiction to entertain this recourse against it under Article 146 of the Constitution.

Order accordingly.

+ Reported in (1983) 3 C.L.R.783.