Second Instance Judicial Council: The objective impartiality of judges is preserved by their transfers

In the recent decision of the  Supreme Judicial Council acting as a Second Instance Judicial Council it was held, amongst others, that the objective impartiality of judges is preserved through their transfers in other provinces.

The  Supreme Judicial Council acting as a Second Instance Judicial Council, has yesterday issued its decision in the Objection no. 1-25 ("the Objection"). The Objection was directed against the decision of the Supreme Judicial Council dated 19.6.2025 to transfer the appellant, a President of the Family Court, from the Nicosia Family Court to the Larnaca-Famagusta Family Court "to serve the needs of the service".

The Second Instance Judicial Council, taking into account the European legal framework, dismissed the Objection and held that the decision was justified and revealed the reasons for the Judicial Council's judgment, namely the undesirability of a judge to remain in the same Court for many years, due to the need to preserve objective impartiality in the small society of Cyprus. In the decision, it was also mentioned that the issue at stake is also naturally related to the need for equal treatment of judges and the proper functioning of the Courts, given the small number of judges serving in Cyprus.

In reaching its decision, the Second Instance Judicial Council took also into account the fact that there was not any indication that the transfer of the appellant was politically motivated, arbitrary, or abusive.

The Second Instance Judicial Council dismissed the argument of the appellant that the Judicial Council did not justify its decision to transfer the youngest judge to the Nicosia Family Court and the more senior, namely the appellant to Larnaca, emphasising that if it were to be accepted that seniority confers some kind of protection against transfer, it would lead to the consolidation of the placement of the most senior judges in courts of their preference, to the detriment of the needs of the service, but also of their colleagues.

Regarding the appellant's family circumstances, the Second Instance Judicial Council held that it could not be said that the Judicial Council had failed to examine properly the facts of the case since at the time of the decision no request or information had been submitted by the appellant, despite the possibility of her moving, which was reasonable, as she had already been stationed in Nicosia for 14 years.

In its judgement, the Second Instance Judicial Council emphasised that in Cyprus transfers are carried out within the framework of the institutional powers of the Judicial Council, a purely judicial, independent body at the highest level. In addition, the right to appeal is provided, since the Second Instance Judicial Council has the power to review the legality of such decisions.

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.