The necessity of passing the bills for the structural reform of the higher levels of justice and for the creation of an Court of Appeals, emphasizes once again the Minister of Justice and Public Order Emily Giolitis on the occasion of the debate on the issue in the Parliament. In a statement to KYPE, she noted that our credibility in the EU may also be questioned, adding that the reform is urgent so that citizens can find their rights in a reasonable time.
In her statement, the Minister reminds that today it takes about fourteen years for a case to be finalized in our courts, with all the negative consequences that this has on the social and economic fabric of our country.
Ms. Gioliti states that the executive power listens to all those involved, drafts and constantly revises bills and when we reach the final stretch, as now, "Parliament invokes reasons to move the issue further."
"How much longer will justice endure to be delayed? Are the reasons for postponing the voting of the bills correct? ” he wonders.
The Minister refers to the time pressure invoked by the Parliament and reminds that the reform of justice has been discussed for decades and for the last two years intensively, in its current form.
"No one can claim that no time was given for study and consultation. "Postponing the vote on the bills to the next Parliament does not only mean a delay of 2-3 months, as some claim", he states. He notes that the new Parliament will be elected on May 30, 2021, in June it is expected to be formed in a body and usually from mid-July and August the Parliament has no tasks, except the urgent ones, "so the earliest that could be discussed again reform would be in September ".
Ms. Gioliti also explains that the time of delay should take into account the appointment of new judges and the date of commencement of the new courts (proposed September 1, 2021) date that takes advantage of the "dead" summer months, so that the Supreme Court can be able to announce the 16 new positions of Appellants and carry out the process of their appointment until September 1, 2021.
Regarding the position of the Parliament that it can not ignore the reservations of the Supreme Court for the maintenance of the single court and for the constitutionality of the enlarged composition of the Supreme Judicial Council, the Minister states that the structure under discussion has been the subject of many discussions. in the Reform Group, where the representatives of the parties and the Pancyprian Bar Association, represented by its President, unanimously weighed the pros and cons of the two solutions and reached the solution of two Courts, proposing primarily reasons of mutual control over issues.
Regarding the enlargement of the Supreme Judicial Council, the Minister notes that the Supreme Court did not lift its reservations about this fundamental article of the Constitution, despite the discussions and the above concessions, noting that it reserves the constitutionality of the new Judicial Council, although if the matter is brought before him.
"These issues can not be allowed to further delay justice reform. The reasons why the Reform Group reached the above positions, having conducted a wide consultation, will not disappear with the new Parliament. "Each power must assume its responsibility," he said.
The Minister spoke in great detail about the benefits of the structure suggested by the executive branch, including the reduction of the appeal time of new cases from about seven years to two, ensuring democracy and citizens' access to it. level of justice and effective mutual control between the courts.
He adds that if and when the issue of constitutionality is raised, it will be examined by applying all the principles that govern this constitutional review, including the principle of "judicial self-restraint" which requires the choice, where available, of an interpretation that preserves the constitutionality of the Law.
"Every power must assume its responsibilities, considering that we all have external observers. That our membership in the EU with whatever advantages it entails, such as raising funds, also entails obligations. We must be consistent ourselves and want to help ourselves to have demands at the same time. The rule of law, in its broadest sense, is now a precondition for European funding. "The EU is not an 'a la carte' organization where one can retain one's rights, but at the same time not be consistent in one's obligations," he said.
The Minister added that when discussing the Rule of Law Report and the European Commission's observations, whether it is about transparency, corruption or reform, we must keep in mind that we are being closely monitored.
"Last year at such a time we informed the EU about the completion of the discussion of the reform bills before the competent Parliamentary Committee and they welcomed the actions. If we say the same thing every year, our credibility is called into question. And for the EU, which is helping to reform, but above all for us, for the people of this country who now need 14 years to have a case finalized, we need to restructure the judiciary so that in a reasonable time a citizen can find justice. of him ", the Minister concludes.