Cyprus

Legal tradition

Cyprus belongs to the mixed common law and civil law tradition. A mixed system and an EU member state. English common law was received under the colonial administration and survives in contract, tort, trusts, evidence and civil procedure — the Courts of Justice Law still directs courts to apply the common law and equity where no local statute governs. Grafted onto it are civil-law elements from the Ottoman and Greek inheritance, notably in land tenure, and a substantial body of EU law since accession in 2004. Family and personal status for the recognised religious communities is administered under separate provisions. Cyprus is also a major trusts and corporate services jurisdiction, resting on that common-law base.

How power is divided

Unitary, with districts administered centrally and elected municipalities. In practice the government exercises effective control over roughly the southern two-thirds of the island; the north has been separately administered since 1974 under an entity recognised only by Turkey, and the application of the EU acquis is suspended there under Protocol 10 to the Accession Treaty. The atlas describes the law of the Republic and notes where it is not effectively applied.

Where law comes from

The 1960 Constitution

As modified in application by the doctrine of necessity and by EU accession amendments.

EU law

Directly applicable and prevailing; the acquis is suspended in the areas outside effective control.

Laws of the House of Representatives

Primary legislation, published in the Official Gazette.

English common law and equity

Applied under the Courts of Justice Law where no statute governs.

Judicial precedent

Supreme Court decisions bind lower courts; English authority remains persuasive.

The legal profession

A fused profession of advocates admitted under the Advocates Law after a law degree, the Legal Council examinations and a twelve-month pupillage, with compulsory membership of the Cyprus Bar Association. Many practitioners qualify in the United Kingdom or Greece, and English-language practice is standard in commercial work. Advocates hold a monopoly on court representation and on certifying company documents, and the profession is unusually large per head of population because of the international corporate and trusts business.