Abstract
This chapter describes and assesses the procedures, norms and practices pertaining to constitutional advice in Cyprus. The chapter also examines the development of constitutional advising in the Cypriot setting, taking into account the comparative dimension and the influences from the civil law and common law traditions.
Finally, the chapter focuses on the rationale behind the isolationist Cypriot approach and the institutional and substantive gaps that are formed. It is argued that there is an overlap of functions concentrated in the institution of an all-powerful AttorneyGeneral that blurs the line between advising and reform. The Attorney-General is the exclusive legal advisor for the executive in a rigid presidential system. The law of necessity has removed the internal counter-balancing element and the progress of time has magnified the reliance on one official. There is need for reform that must touch upon the role of the Attorney-General. The reform can include the institutional setting-up of an advising body for the legislature, the institutional separation of the advising and wide prosecutorial roles of the AG, as well as the introduction of pluralism in constitutional advising through the distinction between concrete specific advice and abstract advice aiming at reforms.C. Kombos (B)
Law Department, University of Cyprus, Nicosia, Cyprus
e-mail: c.c.kombos@ucy.ac.cy
© T.M.C. ASSER PRESS and the authors 2022
103
J. de Poorter et al. (eds.), European Yearbook of Constitutional Law 2021,
European Yearbook of Constitutional Law 3,
https://doi.org/10.1007/978- 94-6265-535- 5_6
Keywords advisory bodies • Attorney-General • constitutional advice • Cyprus • Greece • mixed legal system • reform proposals
6.1
More on the topic Abstract:
- Abstract
- Abstract
- Adolfo Garcia de la Sienra. A Structuralist Theory of Economics. New York, USA: Routledge,2019. — 235 p., 2019
- Introduction
- PREFACE
- Reform?
- Introduction: The Separation of Powers and Its Implementation
- FIVE COMPONENTS OF LEGAL COMPETENCIES
- Fledgling Social Scientist
- Harker C., Horschelmann K. (Eds.). Conflict, Violence and Peace. Springer,2017. — 456 p., 2017