Challenging a government decision in Cyprus: Article 146 recourse
Decisions of ministries, government departments, municipalities, the Public Service Commission and other public bodies affect everyday life in Cyprus: refusal of a residence permit, rejection of a planning or building application, a public service promotion, an allowance or student grant, a tax assessment, a fine or a tender award. Such decisions can be challenged by a recourse (προσφυγή) under Article 146 of the Constitution. The recourse is filed with the Administrative Court, which since 2016 has exclusive first-instance jurisdiction over recourses under Article 146 (Law 131(I)/2015); asylum and international protection cases go to the separate Administrative Court of International Protection. The recourse must be filed within 75 days of the publication of the decision or, if it was not published, of the day you learned of it. You must have an existing legitimate interest that is adversely and directly affected. The court examines legality: whether the authority acted contrary to the Constitution or the law, exceeded or abused its power, failed to carry out a proper inquiry or failed to give reasons. If the recourse succeeds, the decision is annulled and the authority must re-examine the matter. This guide explains how to check whether a decision can be challenged, how to count the 75 days, what to plead and what happens after annulment.
Key facts
Deadline
75 days from the publication of the decision or act, or, if it was not published or in the case of an omission, from the day it came to your knowledge (Constitution, Article 146(3)), unless a law expressly provides a different period. The deadline is strict and the court examines it on its own motion.
Where a law provides an internal objection or hierarchical recourse (for example tax objections), use it first within its own time limit.
An appeal against a judgment of the Administrative Court lies to the Administrative Court of Appeal on a point of law only, within 42 days from the date the judgment was issued (Law 131(I)/2015, section 13).
What to do
Check that the decision is an executory administrative act. A recourse lies against a decision, act or omission of an organ, authority or person exercising executive or administrative authority. It must be final and executory, that is, it must produce legal effects. Letters that only give information, preparatory acts and confirmations of earlier decisions usually cannot be challenged.
Contractual disputes with the State (for example the performance of a public contract after it was signed) and private-law matters go to the civil courts, not to the Administrative Court.
Check whether an internal remedy must be used first. Some laws provide a hierarchical recourse or objection to a higher authority, for example to the Minister, or an objection to the Tax Commissioner. Where such a remedy exists, the first-instance decision is often not yet executory, and the recourse lies against the final decision.
Read the notification letter: it often states the available remedies and time limits. If in doubt, file both the internal remedy and a protective recourse within 75 days.
Count the 75 days correctly. Under Article 146(3) of the Constitution, the period runs from the publication of the decision or, if not published, from the day the decision came to your knowledge. Knowledge means sufficient knowledge of the content of the decision to decide whether to challenge it, not necessarily the full file.
Note the date you received the letter or email and keep the envelope or message. A recourse filed one day late is dismissed, and the court has no discretion to extend the period.
Request the administrative file. Under sections 26 to 28 of the General Principles of Administrative Law Law of 1999 (Law 158(I)/1999), an administrative act issued in the exercise of discretion, and in particular an act that is unfavourable to you, must be adequately and duly reasoned, and the reasoning must be clear enough to leave no doubt about the real reason for the decision. It may appear in the decision itself or in the file. Under section 43(6), a person entitled to be heard may obtain, on written application, knowledge of the documents in the administrative file; a refusal must itself be reasoned.
The file often reveals the decisive ground of annulment: an inquiry that was not carried out, a material fact that was ignored, a hearing that was not given, or a collective body that was not properly composed.
Identify the grounds of annulment. The usual grounds are: lack of competence; breach of the law or of the Constitution; misconception of fact; lack of due inquiry; lack of or insufficient reasoning; breach of the right to be heard; excess or abuse of power; and breach of the principles of good administration and equal treatment.
The Administrative Court reviews legality; it does not replace the authority's judgment on the merits where the authority has discretion. Focus on legal errors and on the inquiry and reasoning behind the decision.
File the recourse. The application is filed with the Administrative Court through a lawyer and names the Republic or the authority as respondent. It sets out the facts, the decision challenged and the legal grounds, and attaches the decision. Court fees are payable on filing.
Interested parties, for example the candidate promoted instead of you, must be notified so that they can take part. The respondent files an opposition with the administrative file.
Consider an interim order. Filing a recourse does not suspend the decision. If the decision will cause irreparable damage before the case is decided, for example deportation or the demolition of a building, ask the court for a provisional order suspending its execution. Such orders are granted only in exceptional circumstances: flagrant illegality or irreparable damage.
Prepare the application with evidence of the urgency and of the harm.
After the judgment. If the court annuls the decision, the act is considered never to have existed, and the authority must re-examine the matter in accordance with the judgment and the facts and law at the time of the original decision. If the authority fails to comply, the new act or omission can be challenged again. Under Article 146(6) of the Constitution, a person harmed by an annulled act can then claim damages before a civil court.
If the recourse is dismissed, section 13 of Law 131(I)/2015 allows an appeal to the Administrative Court of Appeal, on a point of law only, within 42 days from the date the judgment was issued (not from the date you received it). Decide on the appeal with your lawyer as soon as the judgment is delivered.
What to watch out for
- Missing the 75-day deadline. It is strict and examined by the court on its own motion.
- Challenging a letter that only informs or confirms an earlier decision, which is not an executory act.
- Ignoring an internal objection or hierarchical recourse that the law requires first.
- Pleading only that the decision is unfair. The court reviews legality, inquiry and reasoning, not the merits.
- Not naming or notifying interested parties, such as the person who was promoted or awarded the contract.
- Assuming the decision is suspended while the recourse is pending. Ask for an interim order if needed.
- Relying on an oral explanation from the official. Ask for the decision and its reasons in writing and request the file.
- Counting the 42-day appeal period from when you received the judgment. Under section 13 of Law 131(I)/2015 it runs from the date the judgment was issued.
Legal basis
Related court decisions
Frequently asked questions
How long do I have to challenge a government decision in Cyprus?
75 days from the publication of the decision or, if it was not published, from the day you learned of it, under Article 146(3) of the Constitution, unless a law provides a different period. The deadline is strict.
Which court hears administrative recourses in Cyprus?
The Administrative Court, which has exclusive first-instance jurisdiction over recourses under Article 146 of the Constitution (Law 131(I)/2015). Asylum and international protection cases are heard by the Administrative Court of International Protection.
Can the Administrative Court grant me the permit I was refused?
No. The court reviews legality and can annul the decision. The authority must then re-examine your application in line with the judgment. If it again acts unlawfully, the new decision can also be challenged.
Can I get compensation if the decision is annulled?
Yes. Under Article 146(6) of the Constitution, a person harmed by an annulled act or omission can claim damages before a civil court, if the authority does not offer fair compensation.
Does a recourse stop the decision from being enforced?
No. Filing a recourse does not suspend the decision. You can ask the court for a provisional order, which is granted only exceptionally, for example where the decision is flagrantly unlawful or would cause irreparable damage.
Do I need a lawyer for a recourse?
In practice yes. The recourse must be properly pleaded, the grounds of annulment must be legal grounds, and procedural rules are strict. Legal aid is available only in limited categories.
What are the most common reasons decisions are annulled?
Lack of due inquiry, insufficient reasoning, misconception of fact, breach of the right to be heard, and acts by an incompetent or improperly composed body. The General Principles of Administrative Law Law of 1999 sets out many of these rules.
Can I challenge a decision about a public tender in Cyprus?
Yes. Decisions in public procurement procedures are administrative acts. Special review procedures before the Tender Review Authority also apply, with their own short deadlines, so act immediately after the award decision.
Who can file a recourse?
Only a person whose existing legitimate interest, as an individual or as a member of a community, is adversely and directly affected by the decision. A general interest as a citizen or taxpayer is not enough. Associations can file only where their own interests or those they represent by law are affected.
Can I challenge the authority's failure to reply?
Yes. An omission, for example when an authority does not decide on your application within a reasonable time, can be challenged under Article 146. The 75 days run from when the omission came to your knowledge; send a written reminder first so that the omission is clearly documented.
Can I appeal if the Administrative Court rejects my recourse?
Yes, but only on a point of law. Section 13 of Law 131(I)/2015 provides for an appeal to the Administrative Court of Appeal within 42 days from the date the judgment was issued. The appeal court does not rehear the facts, so the appeal must identify a legal error in the first-instance judgment, for example a wrong test for due inquiry or reasoning.
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