In reference to the recent letter on title deeds by Paphos lawyer Savvas Savvides (Letters, June 7), Mr Savvides’ emphasis on the Cyprus courts as the logical route for redress and the Law of Cyprus being ‘a higher authority than the government’ requires comment.
In general terms, the Cyprus system of law is similar to that of England and Wales. Most civil cases, which would include most title deeds issuance cases, are decided by judges in the courts which are independent of the government.
However, where particular topics are or have become so serious that they impinge upon social stability, law and order, human rights, public health, education, taxation and so on or there is overwhelming evidence of harm to society, the economy, etc., then the government has not only the power and responsibility but the duty to legislate. The courts can neither do that job nor ignore relevant legislation from government.
Governments, including the Cyprus government, routinely legislate via Acts, Regulations and Statutory Instruments. It cannot be literally true that the Law of Cyprus is a higher authority than the government, as this would place all power with judges in the courts and relegate government to the role of minor bag-carrier.
Indeed, that would provide any government with a perfect excuse to neglect its executive and legislative duties. Surely the dereliction of government duty that we see does not all come down to the fantasy that government is not there to legislate because it’s the courts’ job?
It may well be true that it is possible to obtain redress through the courts as he suggests, however, in the case of title deeds issuance, it is self-evident that the process that Mr Savvides wants to perpetuate has not worked for a long time.
The problem is not simply one of going to court and getting a judgement. Indeed, why should tens of thousands of buyers ever be put in that position when in any normal society title deeds are issued on completion of contract? Can he name one other EU country where such a scandal exists? Why does he think that we, Cypriots and foreigners alike, should tolerate it here? It is an affront to civil society and EU norms.
The kinds of organised protests and pressure groups that Mr Savvides wants to sideline in favour of civil litigation are bound to arise when the scale of the problem and its consequences for individuals reaches an intolerable level. If it’s all such an exaggeration, how does he explain the outrage expressed on the subject by the Vice-President of the European Parliament, numerous MEPs (Cypriot and various EU states), British MPs and so on? Does he imagine that the European Parliament and foreign governments want to criticise and pressurise Cyprus just for fun?
The solution is radical modernisation of the property protection system and this will require government action. It is their job, not the courts. It will also mean that developers, lawyers, estate agents, lenders, Land Registry, Planning Dept, ministers etc will need to revise their assumption that Cyprus is the centre of the Universe. Whatever its merits and attractions, Cyprus exists in a highly competitive market and that includes property. Foreign buyers will remain absent so long as the title deeds scandal is unresolved. The choice for Cyprus is stark: either fix it and prosper, or don’t fix it and suffer.
Alan Waring,
Larnaca
