The Phenomenon of Arnisidikia in the Precedent of Dias United: A threat to the Cypriot Rule of Law?

An article by Andreas Hadjigeorgiou

Arnisidikia is a concept which refers to any refusal to make a decision on the merits of a case. While arnisidikia has been used in a number of different occasions, it is a Cypriot Supreme Court precedent which manifests this phenomenon in its more literal expression to date. The precedent of Dias United states that where the declaration of a law (or certain of its provisions) as unconstitutional would leave no law for the government to apply when re-examining, the Court is barred from reviewing constitutionality as it would have no practical benefit for the applicant. This precedent, though, is based upon an inaccurate understanding of the separation of powers – which the precedent itself asserts. Further, regardless of its reasoning, this precedent, and the resulting arnisidikia, systematically denies applicants access to an effective legal remedy – something which the European Court of Human Rights has itself asserted. Nevertheless, this arnisidikia lives on’.

Read the article at UCLan Cyprus Law School Blog

Print Friendly, PDF & Email
Ετικέτες: ,