Expert Meeting in Cyprus

The beginning of the New Year was marked by an Expert Meeting, held at the University of Central Lancashire (UCLan) in Larnaka, Cyprus. Participants from 10 cooperating Member States arrived to provide valuable insight into ongoing research activities.

Previously, by the end of 2019, partners had conducted National Workshops with lawyers, judges and other partakers in order to identify pressing matters relating to domestic and foreign enforcement titles. At the Expert Meeting, the gathered info was put to good use, where the drafting of upcoming national reports regarding the structure and effects of judgements was most thoroughly discussed. The ultimate aim here is to compare the national reports of each involved State, identify and analyse any differences and tackle identified problems, with a view of strengthening mutual trust. These efforts will later be translated into an International Comparative Assessment.

The effects of res judicata, its personal and objective boundaries, as well as the effect of enforceability under national law, had sparked a lively debate among the experts. The partners had agreed that further research is required in these areas. Accordingly, specified research areas had been assigned. These (inter alia) include the “cause of action” as understood by various jurisdictions, as well as its relevance for rules on lis pendes and related actions; the relationship between the enforcement title and the certificate pursuant to Art. 53 of the Brussels Ia Regulation; the enforcement of notary acts and other authentic instruments; the cross-border enforcement of court settlements; the particularities of res judicata under common law etc.

Additionally, the expert meeting presented a great opportunity for Partners to acquaint themselves with some particularities of enforcing the acquis in Cyprus. In this vein, prof. Stéphanie Laulhé Shaelou, Head of School of Law at UCLan Cyprus introduced all partners to 'The Application of the Brussels Regulation in Cyprus across the Dividing Line', which was followed by a short presentation on ‘The right of effective judicial protection as another victim of the financial crisis’, by Dr. Despina Christofi, Lecturer at the School of Law, UCLan Cyprus.

All experts also visited the Supreme Court of Cyprus, where a presentation of the judicial system of the Republic of Cyprus and ongoing legal reforms was given by legal officers of the Supreme Court. The history of the judiciary of the Republic of Cyprus and of the Constitution were then presented by Dr. Klearchos Kyriakides. The day continued with a working lunch with presentations by members of the Cyprus Bar, advocates Achilleas Demetriades, George Z. Georgiou and Christos Konstantinou respectively, while the Honourable Judge George Arestis (ret’d), former judge of the Supreme Court of Cyprus and of the Court of Justice of the European Union, acted as a discussant. The main focus of the working lunch was for experts to get familiarised with and exchange views on current legal issues and challenges pertaining to the enforcement of foreign judgments in Cyprus.

It is expected that preliminary comparative findings of the project will be presented at an International Conference in September. More info to come.

JUST-AG-2018/JUST-JCOO-AG-2018
Funded by Justice Programme of the European Union