Strasbourg, France. The European Court of Human Rights on Thursday found in favour of Cypriot judge Costas Constantinou, ruling that his right to a fair hearing was violated after he was refused promotion to district court president.
Case background
The case concerns Constantinou, a senior district court judge, who lodged a complaint with the European Court of Human Rights in October 2023 after he was not promoted to the post of district court president.
Claims and court findings
Constantinou argued that there was no judicial review available to challenge what he described as an arbitrary decision by the transitional Supreme Council of Judicature to refuse his promotion. He also complained that the Supreme Constitutional Court did not act as an impartial tribunal because the judges who dismissed his complaint were, in their majority, the same judges who, as members of the transitional Supreme Council of Judicature, decided not to promote him.
The European court held that Article 6.1 of the European Convention on Human Rights had been violated and found that Constantinou was denied judicial review in the Cypriot courts.
Compensation and damages sought
The court awarded Constantinou €13,887 for legal costs and expenses, to be paid by the Cypriot state. It held that the finding of a violation constituted sufficient just satisfaction for the non-pecuniary damage sustained by Constantinou.
Constantinou had sought €15,000 in non-pecuniary damage and €18,472 in pecuniary damage, representing the difference between his salary as district court judge and the salary he would have received as district court president had he been promoted on July 1, 2023.
What impact do you think the ruling could have on how judicial promotions are reviewed in Cyprus?
