Article 29 of the Constitution of the Republic of Cyprus

This article provides a short overview of the applicability of article 29 of the Constitution of the Republic of Cyprus.

According to article 29 of the Constitution of the Republic of Cyprus,

"1. Everyone has the right, individually or together with others, to submit written requests or complaints to any competent public authority entitled to demand, such that it is received by them and decided quickly. The decision of this authority, duly reasoned, is notified in writing immediately to the person submitting the application or complaints in any case within a period not exceeding thirty days.

2. If the interested party is not satisfied with the decision or if no decision is communicated to him within the period specified in the first paragraph of this article, the interested party may bring the case before a competent court by way of appeal, regarding the application or his complaint."

As pointed out in the case of Tsiissiou v. Municipality of Paralimni, E.D.D. no. 107/16, dated 3.10.2023, for the administration's failure to comply with article 29 of the Constitution to be challengable, the subject of the request or complaint must concern an enforceable administrative act or omission. The enforceability of an administrative act is the condition for exercising the jurisdiction of the Administrative Court.

Similarly, in the case Loukia Lonti Alexandrou v. Municipality of Nicosia, no. 1363/2014, dated 31.1.2018 where the failure of the local authority to respond and/or examine the applicant's complaint through her letter was challenged in the Court, the Court noted:

"In order to invoke Article 29 of the Constitution in an appeal before this Court, two conditions must be met, according to the established jurisprudence of the Supreme Court, as follows:

a) The subject of the application or complaint must be within the jurisdiction of the Court pursuant to Article 146.1 of the Constitution. Otherwise, the Court has no jurisdiction to entertain an appeal under Article 29.2 of the Constitution (See XENOPHONTOS V. REPUBLIC, 2 R.S.C.C. 89; YIALOUSA SAVINGS BANK V. REPUBLIC (1977) 3 C.L.R. 25);

and

b) If an applicant files an appeal, pursuant to Article 146.1 of the Constitution, in relation to the substance of his request, he cannot claim separate treatment from the Court, pursuant to Article 29 of the Constitution, in relation to the failure of the administration to respond to him (See KYRIAKIDES V. REPUBLIC 1 R.S.C.C. 66; GEORGHIADES V. REPUBLIC (1966) 3 C.L.R. 153; SEVASTIDES V. REPUBLIC (1968) 3 C.L.R. 309; SOFOCLEOUS V. REPUBLIC (1974) 3 C.L.R. 63).

The answer to the question of whether the subject of the application or complaint is within the jurisdiction of the Court under Article 146.1 of the Constitution depends on the nature of the decision to be taken by the administration on the application or complaint. The decision to be taken must necessarily be a decision taken by an organ of the Republic, which acts within the meaning that falls within the scope of competence of Article 146.1 of the Constitution. In such a case, the above first condition is satisfied (See PIKIS V. REPUBLIC (1965) 3 C.L.R. 131, 147)."

It therefore follows that whether the failure of the administration to reply to a request or complaint falls within the sphere of article 29 of the Constitution is a matter of fact and each case is judged on its own facts.

This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©

Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.