Attorney-general George Savvides warned on Wednesday that the government’s proposed reform of his office could face a constitutional challenge as soon as a newly established public prosecutor begins filing criminal cases, potentially forcing the dismantling of an entirely new institutional structure.

Speaking before parliament’s legal affairs committee, Savvides said four of the seven constitutional experts appointed to examine the proposals had concluded that the proposed amendments were unconstitutional.

He described the reform as the most extensive constitutional amendment since the establishment of the Republic of Cyprus, warning of potentially serious consequences if the legislation is subsequently overturned by the Supreme Constitutional Court.

The proposed reform would separate the attorney-general’s advisory and prosecutorial powers, establishing a new independent office of public prosecutor.

Justice Minister Costas Fitiris told MPs that the government had prepared 39 bills, three of which would introduce substantial changes.

Separation of powers

Under the proposals, the attorney-general and the new public prosecutor would be appointed by the president for eight-year terms, without the possibility of reappointment.

The legislation would also provide for the administrative independence of the Legal Service, the appointment of a director-general and the establishment of a prosecutorial council responsible for staff appointments and disciplinary proceedings.

Fitiris acknowledged the attorney-general’s constitutional concerns but said the government was determined to proceed while seeking a mutually acceptable solution.

He said the proposals had been informed by the legal systems of the United Kingdom, Ireland and Malta, all of which provide for judicial review.

Savvides, however, argued that establishing a separate public prosecutor could interfere with fundamental provisions of Cyprus’ constitution, particularly its bicommunal character.

The Turkish Cypriot question

He explained that the proposed position of deputy public prosecutor would have to be allocated to the Turkish Cypriot community, raising constitutional questions about creating new bicommunal offices under the doctrine of necessity.

He also warned that the proposed separation of powers could affect the constitution’s fundamental structure.

Although Savvides maintained that the proposed separation was unconstitutional, he distinguished it from introducing judicial oversight of prosecutorial decisions, which he suggested could be achieved without such extensive constitutional intervention.

He stressed that there was no conflict between himself and the government, explaining that he had signed the explanatory memorandum accompanying the legislation while attaching his constitutional reservations and the findings of the expert committee.

Speaking after the meeting, Savvides warned that if parliament approved the legislation, the first defendants prosecuted under the new system could challenge its constitutionality.

Should the Supreme Constitutional Court subsequently rule against the legislation, the newly established structures would have to be dismantled and the Legal Service restored to its existing form, he said.

Savvides also dismissed suggestions that his objections reflected personal interests, pointing out that his term would end in a few months and the proposed changes would not affect him.

Meanwhile, Public Service Commission chairman Giorgos Papageorgiou and civil servants’ union Pasydy raised concerns about the proposed administrative independence of the Legal Service, particularly regarding staffing arrangements.

Cyprus Bar Association president Michalis Vorkas emphasised the importance of transparency and constitutional safeguards, noting that the Supreme Constitutional Court would ultimately determine the constitutionality of the reforms.

Legal affairs committee chairwoman Fotini Tsiridou said parliamentary groups would examine the competing positions before reconvening in two weeks to determine how to proceed.