Filing a Recourse Under Article 146 of the Cyprus Constitution

A concise guide to deadlines, grounds of annulment and the duties of public authorities

1 | The 75-day clock

A recourse to the Administrative Court must be lodged within 75 calendar days of the servable administrative act-that is, the date on which the decision was notified to the person concerned or the date on which the person could reasonably have learnt of it. The deadline is absolute: once it expires the Court lacks jurisdiction. Late applications are dismissed without any examination of the merits.

2 | What the Court may review

Article 146 limits the Court to a legality review. It will annul a decision if any of the following defects is shown.

Ground	Essence
Lack of jurisdiction / ultra vires	The authority had no legal power or acted outside the limits of its mandate.
Breach of law	Misinterpretation or misapplication of statutory provisions, including constitutional rights.
Procedural impropriety	Violation of the right to be heard or denial of access to the administrative file.
Inadequate / unjustified reasoning	Failure to give a clear, specific statement of the factual and legal grounds for the decision.
Abuse or excess of power	Pursuit of an alien purpose, arbitrariness or disproportionality.
Bias or unequal treatment	Lack of impartiality or inconsistent treatment of similar cases.

3 | Duties of the public authority

Decision-makers must:

Grant a prior hearing whenever a measure adversely affects a person.
Disclose the administrative file to the extent necessary for an effective defence.
Give explicit reasons that link facts, law and conclusion.
Act within a reasonable time, avoiding undue delay.
Respect proportionality and equality, choosing the least onerous measure consistent with the public interest.

Any breach supplies a solid ground for annulment.

4 | How to bring a recourse-in six steps

Secure the act: obtain the full text and note the date of service.
Calendar the deadline: count 75 days, weekends and holidays included.
Collect evidence: correspondence, minutes, expert reports.
Draft the recourse: identify the act, state the facts succinctly, list the precise grounds of illegality.
Consider interim relief: in urgent cases an interim order can suspend the act.
File and serve: lodge the recourse and affidavit, serve the Attorney-General and the issuing authority.

5 | Practical pointers & pitfalls

Do not wait for internal review unless legislation makes it mandatory-the 75-day clock keeps running.
Name the correct respondent: the legal entity that issued the act.
Focus strictly on legality: the Administrative Court does not re-weigh policy choices.
Prove service: if the act was never served, argue that time has not begun to run, but remember that constructive knowledge can suffice.

Key take-away

A recourse is a targeted legality audit, not an appeal on the merits. Count the 75 days carefully, pinpoint the procedural or legal flaw, and put the burden back on the administration to justify its act. Where an authority ignores the right to be heard, fails to reason its decision or exceeds its statutory remit, the Administrative Court annuls-restoring legality and public confidence.

Our Public & Administrative Law Team at Phoebus, Christos Clerides & Associates LLC regularly handles Article 146 recourses. We can:

analyze the impugned decision and highlight any legal or procedural defects;
obtain and review the administrative file;
prepare the recourse and supporting affidavit;
seek interim relief where urgent protection is required; and
represent the client before the Administrative Court and, if needed, on appeal.

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