Nicosia, Cyprus. The Supreme Court on Friday rejected dismissed judge Doria Varoshiotou’s appeal against her ouster in a five-to-three ruling, upholding the supreme judicial council’s decision to relieve her of her duties last year.
Court cites probationary appointment practice
The court said the appointment of judges on probation is a “long-standing judicial practice” and that judges on probation are only made permanent “if they are deemed suitable”. It said evaluation reports are sent every six months and that it is the supreme judicial council’s duty to assess whether a judge has both the knowledge and character required.
No arbitrariness or interference found
The court said Varoshiotou was aware her appointment was on probation and that, because the appointment was made by “an independent body” in the supreme judicial council, there was “no arbitrariness” in the decision not to offer her a permanent position. It said the decision was “free from interference”.
Oversight and impartiality
The court said the supreme judicial council is controlled by the Supreme Constitutional Court and that Varoshiotou never disputed that her appointment was not permanent. It added that the council’s authority not to proceed with a permanent appointment must be recognised. The court said Varoshiotou was not given “instructions” or “put under pressure” during her probationary period and that there was “no lack of impartiality” in the council’s decision.
Findings on proceedings and key case
The court said Varoshiotou had “conducted judicial proceedings outside the law”. It also said that in her most high-profile case, in which she ruled in 2024 that conscript Thanasis Nicolaou, who died in 2005, had been strangled to death after his death had been ruled a suicide, there were “serious weaknesses and serious legal errors”.
Background to the dismissal
The supreme judicial council decided in July last year not to offer Varoshiotou a permanent position within the judiciary following the conclusion of a two-year probationary period.
What do you think the Supreme Court’s decision means for the process of confirming judges after probation?
