Constitutional & Administrative Law

ARTICLE 146

Article 146 of the Cyprus Constitution confers exclusive jurisdiction upon the Administrative Court, to adjudicate administrative law matters. Recourse to Administrative Court is commenced by a complainant seeking relief from decisions, acts or omissions of any organ, body, authority or persons exercising executive or administrative duties which are contrary in whole or in part to any of the provisions of the law or the Constitution of the Republic of Cyprus or where such decisions, acts or omissions are made in excess or in abuse of powers vested in any such executive or administrative body.

The Administrative Court after hearing the recourse may ratify the whole or in part of the act or omission challenged, annul in whole or in part the act or decision challenged, or declare the omission in whole or in part void. It must be noted that, when trying a recourse, the Administrative Court of Cyprus acts as an annulling court, not as a court of substance. It proceeds to review the legality of the administrative act, not to exercise its purposive control. When annulling a decision or an act, the Court cannot mend or replace it with its own decision, as in that case it would violate the strict separation of powers safeguarded by the Constitution.