In light of the provisions of the Order of the Minister of Health, Regulatory Administrative Act 6/2021 and the need to take drastic measures for the prevention of the spread of the coronavirus (Covid-19 virus), a meeting was conducted on 11.1.2021 between the President and the Members of the Supreme Court.
The Supreme Court, noting that, as the body of one of the three powers of governance of the Republic, has not suspended at any stage during the pandemic the operation of Justice in our country, is issuing, on the basis of the provisions of the Order, the following guidelines, which shall be in force from today until 31.1.2021.
I. As concerns civil matters, matters of the Administrative Court and the International Protection Administrative Court, with respect to their corresponding competency, adjudicated shall be:
(i) applications for interim orders in exceptionally urgent cases. The urgency of the adjudication is determined by the competent Judge, from whom relevant leave is secured.
(ii) appeals regarding immovable property auctions pursuant to Part VIA of the Transfer and Mortgage Law of 1965, as amended.
(iii) applications for the issuance of Habeas Corpus writs,
(iv) extraditions of fugitives or wanted persons,
(v) prerogative writs of an urgent nature in the judgement of the Court,
(vi) proceedings regarding political asylum of an urgent nature in the judgement of the Court, and
(vii) appeals of an urgent nature in the judgement of the Court.
(viii) any other cases for which the competent Judge, in coordination with the President of the Court, deems that on account of their nature or other circumstances surrounding them - and provided that the health and safety standards are strictly adhered to - their promotion is warranted.
II. As concerns criminal cases, adjudicated shall be:
(i) cases in which the persons charged are in custody,
(ii) cases where the detention of suspects or persons charged is requested, including detention of individuals.
(iii) cases regarding the Quarantine Law and the relevant Orders issued by the Minister of Health.
(iv) cases of an urgent nature in the judgement of the Court, and
(v) appeals where the party is serving a sentence of imprisonment and their adjudication is deemed urgent or are in custody or any appeal is deemed as exceptionally urgent by the Court.
Adjudicated will also be urgent proceedings seeking an order for psychiatric treatment, legal aid relating to the above, seeking any urgent orders under specific legislation such as restraining orders or other orders relating to the Domestic Violence Law, etc. It is understood that the filing and adjudication of such orders is subject to the judgement of the competent Court as to the element of urgency.
The issuance of judgements is also permitted for all levels and proceedings.
(B) As concerns the filings to the court registrars, the following apply:
The court registrars shall accept filings as follows:
(i) Actions, appeals, general applications or other proceedings, which are accompanied by applications for the issuance of interim orders or other urgent remedies, as well as any pleadings, the urgency of the filing thereof being subject to the judgement of the competent Court.
(ii) Appeals regarding immovable property auctions pursuant to part VIA of the law as above.
(iii) Appeals and prerogative writs of an urgent nature in the judgement of the Court.
(iv) Applications regarding extraditions of fugitives - wanted persons.
(v) Criminal cases where the detention of the persons charged is intended to be requested.
(vi) Criminal cases in application of the Quarantine Law and the relevant Orders issued by the Minister of Health.
(vii) Criminal cases whose filing as urgent is specifically requested by the Attorney General.
(viii) Any other civil matter whose filing is warranted due to their nature or other circumstances surrounding them, provided that prior leave is granted in this respect by the competent Judge.
Accepted will also be filings of applications for legal assistance in relation and with reference to the above exceptions.
Accepted will also be filings of applications regarding procedures for psychiatric treatment or the issuance of an urgent order on the basis of any legislation as above.
Accepted will also be the filing of any cases, whose deadline and/or limitation is provided by the Constitution or the Law.
Accepted will also be the filing of affidavits in exceptionally urgent cases in the judgement of the competent Registrar or where deadlines are provided for the promotion of proceedings accompanied by an affidavit.
It is understood that the above regarding the filings will be in force until 15.1.2021, provided that from 18.1.2021 it will be mandatory for all filings to be made electronically, and in this respect, any filing with the physical presence of persons will not be permitted.
(C) Any matters regarding the operation of the Courts which arise from the implementation of the present measures, including the determination of the physical presence of the necessary number of Judges, shall be regulated with the decisions of the Administrative President of each Court, in coordination with the Judges of the Supreme Court responsible for each Court.
On the basis of the above guidelines and taking into account the relevant provisions of the Order, the Chief Registrar, in coordination with the territorially competent Registrars, shall proceed immediately to the ascertainment of personnel needs, in relation to the matter of working from home and the physical presence at the workplace, for the uninterrupted operation of the Courts.
The Supreme Court may at any time change the above instructions in accordance with the existing circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.