Administrative law is the body of rules governing the organisation, operation, and oversight of administrative bodies exercising public authority, ensuring the protection of individual rights and promoting fairness, legality, due process, and accountability in administrative acts.

This guide provides an overview of the key aspects of administrative law in Cyprus and explains how individuals or entities affected by a decision issued by an administrative authority can seek legal recourse.

Judicial review

Under Cyprus’s Constitution, Article 146 grants any person, whether natural or legal, whose rights or interests are negatively affected by an administrative decision the right to challenge it through judicial review and seek its annulment.

The Administrative Court, as a court of first instance, examines the legality of administrative acts and has the power to annul decisions that are found to be illegal. However, the Administrative Court cannot exercise substantive review or modify the decisions of administrative bodies, save in very specific circumstances (which escape the ambit of this practical guide).

It is important to note that the right to judicial review is time sensitive. A person must file for recourse within 75 days of being notified of the decision. Missing this deadline forfeits the right to challenge the decision, underscoring the need to act promptly.

Given the importance of this time frame, consulting a legal expert as soon as a decision arises is essential to avoid procedural pitfalls.

Grounds for challenging administrative acts

Challenging an administrative decision requires an understanding of the grounds that can justify annulment. The principles of administrative law, as codified in the General Principles of Administrative Law (Law 158(I)/1999) as well as in settled case law, ensure that administrative bodies act within the scope of their authority and reach decisions that are legally and procedurally sound, fair and proportionate. Deviance from the principles of administrative law can form the ground for annulment of an administrative act.

A number of key principles that might form the basis for challenging an administrative decision are summarised below:

• Legality: The principle of legality in administrative law ensures that all administrative actions are firmly grounded in the law. This principle limits the powers of administrative authorities to those explicitly defined by the legal framework, preventing any action taken ultra vires (beyond their legal authority). Adherence to procedural requirements is equally essential, as significant deviations or violations of these formalities may provide valid grounds for annulment of the administrative act.
• Proportionality: The principle of proportionality ensures that administrative actions strike a fair balance between the rights and interests of affected individuals and the legitimate objectives pursued by the authority. It requires administrative bodies to carefully weigh and balance all relevant interests, including the public interest, and to take only those measures necessary to achieve their objective. Where multiple lawful options exist, the authority must choose the least burdensome one. Any action that exceeds what is reasonable or necessary may be deemed disproportionate and subject to annulment, promoting fairness and preventing misuse of administrative powers.
• Correct exercise of discretionary power: Where an administrative authority exercises discretionary power it must do so based on thorough investigation and consideration of all legally relevant factors and must not rely on factual errors or ignore essential facts. The law also states that authorities must exercise this power themselves, without external influence, and cannot make blanket pre-determined decisions. Abuse of power arises when decisions pursue irrelevant objectives or exceed reasonable discretion. Any deviation from the rules and principles dictating the correct exercise of discretionary power may be a reason for annulment.
• Equality and Fair Treatment: Cyprus administrative law underscores the principle of equality, which mandates that individuals in similar or comparable situations be treated in the same way by public authorities. Gender equality is specifically highlighted as a fundamental principle within the framework of administrative law. If it can be demonstrated that an authority has treated similar or comparable situations in an inconsistent or unjustified manner, this may serve as a valid ground for annulment of the administrative act.
• A decision must be reasoned: A decision must be well-reasoned, with clear justification that leaves no doubt about the real reasons behind the administrative action. General or vague references, such as citing the public interest without specific facts, are insufficient. The public interest must be defined by concrete circumstances that support the decision. However, case law indicates that a decision is sufficiently reasoned if the grounds for the decision can be identified within the administrative file. This means the reasons for a decision should be traceable through the file's contents, including the facts, documents, and evidence considered during the decision-making process.

How we can help

Our law firm offers a comprehensive range of services to guide clients through the process of seeking annulment of administrative acts, while also providing legal advice to ensure compliance with the requirements of public authorities.

Here’s how we can assist:

• Legal Representation: Administrative recourses must be meticulously prepared to meet procedural and substantive requirements. Our team handles all aspects of drafting and filing recourse applications, ensuring that the challenge is grounded in sound legal arguments and structured for maximum impact. We also represent clients throughout the proceedings, drawing on our extensive experience and track record in administrative law to advocate for a favourable outcome.
• Preventive Legal Advice and Liaison with Authorities: For businesses and individuals who regularly interact with government bodies, we offer preventive legal advice to help navigate administrative requirements. This guidance not only helps clients maintain compliance but also reduces the risk of disputes and adverse decisions. In cases where a dispute arises, we engage directly with government authorities to negotiate or mediate solutions that may resolve issues without the need for formal recourse.

Our firm’s focus on administrative law equips us to support clients effectively, whether through challenging a decision in court or providing strategic advice to avoid conflicts with public authorities. We are committed to protecting our clients' rights, ensuring accountability, and achieving the best possible outcomes in each case.