North Cyprus Law | Can You Take Legal Proceedings Against the TRNC?

North Cyprus LawQu. Can you take legal proceedings against the State of the TRNC for any decision, an act or omission of the State?

As you well know in democratic societies it is essential that the Courts or Judges should be independent in their duties. In the TRNC this has been put by Law and as far as I have seen this has been implemented by most Judges and Courts. Like other democratic societies ruled by law ın the TRNC Judges or Courts give judgments in accordance with the Constitution, the laws, legal principles and the opinion dictated by their conscience. Also, no organ, office, authority or person can give orders or instructions, send circulars or make recommendations or suggestions to courts and judges in the exercise of their judicial powers and no questions can be asked, no debate can be held and no statement can be made in the Assembly of the Republic relating to the exercise of judicial power in an action which is pending by law. In the TRNC, which is a Law State, everyone is obliged to obey the law and comply with Court decisions which means not only the citizens of the Republic and foreigners but also the Legislative and Executive organs and the administrative authorities of the State. Also, by Law, such organs and authorities cannot in any way change court decisions or delay their execution.

Some may ask what can happen if you don’t obey or comply with a court order. The Supreme Court or any other court has power to punish a person who does not obey any of its decisions or orders with imprisonment until he/she complies with such decision or order, provided that the period of such imprisonment can not in any case exceed the period of one year. But for this to be implemented usually you would need a written application filed to the court.

As you know I did write an article about what a mandamus order is before but that has more to do with making administrative authority etc exercise there powers or in other words making them do there duty with a court order. Well, if a decision, an act or omission of any organ, authority or person exercising any executive or administrative authority is contrary to any of the provisions of the Constitution of the TRNC, or of any law or of any subsidiary legislation what can be done and how can it be done?. In other words can you sue the state, how and why?

The High Administrative Court of the TRNC, which is composed of three supreme court judges at times, has exclusive jurisdiction to adjudicate finally on a recourse (Lawsuit) made to it on a complaint that a decision, an act or omission of any organ, authority or person exercising any executive or administrative authority is contrary to any of the provisions of the Constitution, or of any law or of any subsidiary legislation made there under, or is made in excess or in abuse of powers vested in such organ or authority or person. This lawsuit can be made by a person whose legitimate interest is adversely and directly affected by such decision or act or omission within seventy-five days from the date when the decision or act was published or, if not published or in the case of an omission, within seventy-five days from the date it came to the knowledge of the person making the recourse (case) but there is no time limit if the decision or act or omission is directly contrary to the law which therefore would make the decision or act void at birth. Upon such a recourse the High Administrative Court may, by its decision:

(a) confirm either in whole or in part, such decision or act or omission ; or

(b) declare, either in whole or in part, such decision or act to be null and void and of no effect whatsoever ; or

(c) declare that such omission, either in whole or in part, ought not to have been made and that whatever act has been omitted should have been performed.

Any decision given by the said court are binding on all courts and all organs or authorities of the State and shall be given effect to and acted upon by the organ or authority or persons concerned. Also, any person aggrieved by any decision or act declared to be void by the said court, is entitled, if his claim is not met to his satisfaction by the organ, authority or person concerned, to institute legal proceedings for damages or for being granted any other remedy and to recover just and equitable compensation to be determined by the court or to be granted such other just and equitable compensation as such court is empowered to grant. As I have stated before many times, most of the time there is an exception to the general rules. There is one of which is slightly different to this subject but as it has come to mind one you should know, which I do think is contrary to the constitution and therefore ı think it can be cancelled by the constitutional court which is also a different subject. This rule is that no action can be brought of tort (civil wrong) in respect of any act of state, that is to say, any act causing injury or damage to any person who is not at the time of that act a citizen or the TRNC and which act is done by a representative of the TRNC State’s civil or military authority and is either previously sanctioned or subsequently ratified by the TRNC State. Of course in my opinion this exception rule doesn’t change the facts of law stated above and definitely doesn’t change the fact that every person in other word so can apply and have the decision etc of any organ, authority or person exercising any executive or administrative authority cancelled and or declared void and null asIı have stated above.

Therefore, if for example your Permission to purchase property (PTP) has not been granted for any reason contrary to the Law or if the Land Registry Office or Home Office or Council of Ministers gives a decision, does an act or omission contrary to the law you can do something about it.

As you can see from the above most of time if you don’t apply to the court by way of written application or filing a Lawsuit (case) you would not get your rights. In other words like ı always say you can not win without a fight and fighting in the right way…

Legal Eagle

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