THE SUPREME Court yesterday threw out an application by presidential candidate Praxoulla Antoniadou Kyriacou who claimed that state broadcaster CyBC has been discriminating against her as a presidential candidate in the February 17 elections.
Antoniadou Kyriacou asked the court to issue a temporary order suspending a CyBC decision not to include her in their polls and broadcasts along with the three main contenders. For example, only the three main contenders have been invited to participate in live televised presidential debates.
The CyBC board said Antoniadou Kyriacou was not a presidential candidate as they understood the law, a response which she said broke principles of equality and damaged her prospects as a candidate.
The Supreme Court said it did not have jurisdiction to force entities – people or organisations – to take specific actions, but could only force them to stop a set of actions or behaviours. A court order aims at restoring the status quo that was disturbed by illegal or damaging actions, the Supreme Court said. But the court does not think that the status quo is disturbed by omissions or inactions.
So the court said it could not issue a temporary order forcing CyBC to take action to rectify any alleged omissions.
“The applicant is pursuing the issuance of a temporary order to suspend omissions (by CyBC) which will directly result in forcing them to take positive actions. Inevitably, the application must be rejected,” the court said.
The court cited a 2003 case when independent candidate Christos Iosifides tried to obtain a similar order against CyBC which was thrown out on lack of jurisdiction.
The court did accept that Antoniadou Kyriacou was the leader of the United Democrats, and member party of ALDE, the European parliament’s alliance of Democrats and Europeans.
Antoniadou Kyriacou’s lawyer is due to file an appeal today asking the Supreme court to clarify what European Union law says on matters of freedom of expression and electoral rights.
The Supreme Court will have to ask the EU’s Court of Justice for a preliminary ruling procedure, which takes place when a national court wants to see whether it is interpreting EU law correctly. EU law is higher than national law.
Another independent candidate, Makaria Andri Stylianou filed a similar case on Tuesday, Sigmalive reported later yesterday.
