Cyprus Supreme Court rules amendment on occupied property registrations unconstitutional

The Supreme Constitutional Court of Cyprus has ruled that a recent amendment to the Civil Procedure Law is unconstitutional. The law, which had been referred to the court by the President of the Republic, sought to invalidate existing judicial registrations of debtor properties located in areas under Turkish military occupation since 1974. Under the proposed amendment, such property decisions would have been automatically withdrawn from District Land Registry offices.

The court determined that the legislation violated the principle of separation of powers, as it constituted direct interference by the legislative branch into the judicial process. Furthermore, the court accepted arguments from the Attorney General that the law breached Article 30 of the Constitution regarding the right to effective legal protection, including the enforcement of court orders, as well as Article 23 concerning property rights. Some arguments were also raised regarding potential conflicts with European law.

While the legal counsel for the House of Representatives defended the law, arguing that it did not represent a constitutional deviation, the court’s final ruling reinforces the protection of property rights for displaced owners. By striking down this amendment, the court has limited the state's capacity to retroactively interfere with judicial decisions regarding assets in the occupied territories, effectively maintaining the current status of these registrations.