**Attorney-General Warns of Constitutional Challenges Amid Proposed Reforms**
In a significant development regarding the proposed reforms to the Office of the Attorney-General in Cyprus, Attorney-General George Savvides expressed concerns on Wednesday that these changes could lead to constitutional challenges. Speaking before the parliamentary legal affairs committee, Savvides highlighted that as soon as a newly established public prosecutor begins filing criminal cases, the potential for legal disputes could arise, possibly necessitating the dismantling of the new institutional framework.
Savvides noted that four out of seven constitutional experts appointed to review the proposed amendments concluded that they were unconstitutional. He characterized the reform as the most extensive constitutional amendment since the establishment of the Republic of Cyprus, warning of serious implications if the Supreme Constitutional Court were to overturn the legislation.
The proposed reform aims to separate the advisory and prosecutorial powers of the Attorney-General by establishing an independent office of public prosecutor. Justice Minister Costas Fitiris informed members of parliament that the government had prepared 39 bills, with three of them introducing substantial changes to the legal framework.
Under the proposed amendments, both the Attorney-General and the new public prosecutor would be appointed by the president for eight-year terms, without the possibility of reappointment. Furthermore, the legislation seeks to ensure the administrative independence of the Legal Service, appoint a director-general, and establish a prosecutorial council responsible for staff appointments and disciplinary actions.
While Fitiris acknowledged the constitutional concerns raised by Savvides, he reiterated the government's commitment to moving forward with the reforms while seeking a mutually acceptable solution. He emphasized that the proposals were informed by legal systems from the United Kingdom, Ireland, and Malta, all of which incorporate provisions for judicial review.
However, Savvides cautioned that the establishment of a separate public prosecutor could infringe upon fundamental provisions of Cyprus' constitution, particularly regarding its bicommunal character. He pointed out that the proposed role of deputy public prosecutor would need to be allocated to the Turkish Cypriot community, raising constitutional questions about the creation of new bicommunal offices under the doctrine of necessity.
The Attorney-General also expressed concerns that the proposed separation of powers might disrupt the constitution's fundamental structure. While he maintained that the separation of powers was unconstitutional, he distinguished it from the idea of introducing judicial oversight of prosecutorial decisions, which he suggested could be accomplished without extensive constitutional amendments.
Savvides clarified that his objections were not rooted in personal interests, noting that his term would conclude in a few months and that the proposed changes would not impact him directly. He had signed the explanatory memorandum accompanying the legislation but included his constitutional reservations and the findings of the expert committee.
Following the meeting, Savvides warned that if parliament were to approve the legislation, the first defendants prosecuted under the new system could challenge its constitutionality. Should the Supreme Constitutional Court rule against the legislation, the newly established structures would have to be dismantled, reverting the Legal Service to its previous form.
Concerns regarding the proposed administrative independence of the Legal Service were also raised by Public Service Commission chairman Giorgos Papageorgiou and representatives from the civil servants' union, Pasydy, particularly in relation to staffing arrangements. Cyprus Bar Association president Michalis Vorkas emphasized the critical need for transparency and constitutional safeguards, noting that the Supreme Constitutional Court would ultimately determine the constitutionality of the reforms.
Legal affairs committee chairwoman Fotini Tsiridou stated that parliamentary groups would review the conflicting positions before reconvening in two weeks to decide on the next steps regarding the proposed reforms. As the discussions unfold, the implications of these proposed changes remain a focal point of contention within Cyprus's legal landscape.