Cyprus Supreme Court Postpones Examination of Auditor General Amid Constitutional Debate

The Supreme Constitutional Court in Cyprus has delayed proceedings concerning the potential dismissal of Auditor General Odysseas Michaelides. This postponement follows a request from Michaelides' legal team, who are challenging the Attorney General's authority to seek such a dismissal.

The case, which has attracted significant attention, centers on whether the Attorney General, George Savvides, has the constitutional power to initiate dismissal proceedings against the Auditor General. Michaelides' lawyers argue that the Constitution does not explicitly grant this power to the Attorney General, asserting that such an action would be a 'constitutional aberration.'

During the hearing, Michaelides' defense team, led by George Triantafyllides, emphasized that only the President of the Republic has the authority to remove the Auditor General, the President being responsible for appointing independent officials. Triantafyllides highlighted President Nikos Christodoulides' praise for Michaelides, questioning the logic behind the Attorney General's move to dismiss him.

Why this matters: The outcome of this case could have significant implications for the interpretation of the constitutional powers of the Attorney General and the security of tenure for the Auditor General. If the Attorney General's authority is upheld, it could lead to a shift in the balance of power in the Cypriot government.

Triantafyllides argued, *'If the president of the Republic states that he is satisfied with the auditor-general, how can the attorney-general have the right to file a dismissal application?'* He further added, *'This is very contradictory and it is leading us into absurd situations.'*

In contrast, the Attorney General's legal team, led by George Valiantis, contended that Articles 112 and 113 of the Constitution provide the Attorney General with the authority to act independently and initiate dismissal proceedings. Valiantis stated, *'The Constitution itself elevates the institution and trusts it to act independently, and in no case does it require the consent or approval of the president of the Republic.'*

The proceedings have also been complicated by conflicts of interest among the judges. Judge Nicolas Sandis requested recusal because his son is employed at a law firm involved in the case. Additionally, two other Council members faced potential conflicts of interest because their personal cases were being handled by the law firms of Kallis and Triantafyllidis. These developments have further delayed the court's decision.

The Supreme Constitutional Court is expected to announce its decision on June 5 at 9:30am. The outcome of this case could have significant implications for the interpretation of the constitutional powers of the Attorney General and the security of tenure for the Auditor General.

Key Takeaways

• Cyprus' Supreme Constitutional Court delays Auditor General's dismissal proceedings.
• Auditor General's lawyers argue Attorney General lacks constitutional power to initiate dismissal.
• Case outcome may impact interpretation of Attorney General's powers and Auditor General's tenure.
• Conflicts of interest among judges have complicated the proceedings.
• Court decision expected on June 5, with significant implications for Cyprus' government.