fair promotion — The European Court of Human Rights (ECtHR) has ruled in favour of a Cypriot judge who claimed he was denied a fair promotion review to the position of district court president. This judgement, delivered on Thursday, centres on the case of Costas Constantinou, a senior judge who lodged a complaint with the court in October 2023.
- Originally slated for implementation in January 2023, the reforms were delayed until July 2023, leading to heightened scrutiny of judicial processes within the country.
Constantinou’s contention was that he had been arbitrarily refused promotion by the transitional Supreme Council of Judicature (SCJ) without access to an impartial judicial review. The ECtHR determined that his right to a fair hearing, as outlined in Article 6.1 of the European Convention on Human Rights, had been violated.
In his complaint, Constantinou highlighted the lack of judicial oversight regarding the SCJ’s decision. He argued that the Supreme Constitutional Court (SCC) failed to act as an unbiased tribunal since the majority of its judges, who dismissed his complaint, were also part of the SCJ that had previously denied his promotion.
The court’s ruling underscored that Constantinou was indeed denied judicial review in Cyprus. As a result, he has been awarded €13,887 to cover his legal costs and expenses, which will be paid by the Cypriot state. The ECtHR noted that the finding of a violation itself provided sufficient just satisfaction for the non-pecuniary damage sustained by Constantinou.
While Constantinou had sought €15,000 in non-pecuniary damages and €18,472 in pecuniary damages—reflecting the salary difference between his current position and the role he sought—the court did not grant these requests.
This ruling holds significant implications, marking the first ECtHR judgement regarding the Cypriot court system following recent judicial reforms in Cyprus. In 2022, the country enacted substantial reforms that established a new Supreme Constitutional Court and a Court of Appeal, distinct from the existing Supreme Court. These reforms also altered the structure of the SCJ, allowing for the inclusion of legal professionals as non-voting participants and broadening its authority over judges’ careers, including promotions.
Originally slated for implementation in January 2023, the reforms were delayed until July 2023, leading to heightened scrutiny of judicial processes within the country.
