|Name:||Law N° 130(I) of 2015 introducing the 8th Amendment to the Constitution.|
|Type of legislation:||Law, Act|
|Entry into force:|
|Published on:||Epissimi Efimeris, 2015-07-21, Part I(I), N° 4526, pp. 1106-1107
|Bibliography:||Epissimi Efimeris, 2015-07-21, Part I(I), N° 4526, pp. 1106-1107
Text in Greek Tipografio Kipriakis Dimokratias, Nicosia, Cyprus, pp. 1106-1107 PDF of Official Gazette in Greek (consulted on 2016-07-25)
|Abstract/Citation:||For the purposes of harmonizing the national legal order with paragraphs 1, 2 and 3 of article 46 of the European Parliament and Council Directive 2013/32/EU of 26 June 2013 on common procedures for granting and withdrawing international protection, and with paragraph 1 of article 26 of the European Parliament and Council Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection, as well as in view of the necessity for more efficient implementation of paragraph 1 of article 27 of the European Parliament and Council Regulation (EU) N° 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, the present Law introduces the 8th Amendment to the Constitution of the Republic of Cyprus, regarding the institution of an Administrative Court for the benefit of the regular and orderly operation of the High Court and of the rapid course of justice.
Article 2 amends article 146 of the Constitution, by amending the wording of paragraphs 1, 4, 5 and 6; by adding, after paragraph 1, new paragraph 1A, worded as follows: "In compliance with the provisions of the present article, a law shall define the institution, jurisdiction and competence of an Administrative Court"; by adding new sub-paragraph (d) under paragraph 4, worded as follows: "to amend entirely or partially the decision or act, as the law for an Administrative Court shall define, provided that the aforementioned [decision or act] is related to a tax issue or is a decision concerning the procedure of international protection, pursuant to the law of the European Union"; by adding, after paragraph 5, new paragraph 5A, worded as follows: "In compliance with the provisions of the present article, a court issuing a decision, according to what paragraph 5 provides for, has, as a law shall define, jurisdiction to examine and decide upon whether there has been an active compliance with its decision, and to impose sanctions against a non-compliant".
Article 3 introduces transitional provisions.