THE LEGAL CHALLENGES OF THE ADMINISTRATION
The Cyprus Investment Program seemed problematic from the beginning and even the amendments could not save and protect the abuse of the Program. The Cyprus Government decided to terminate the Program with final submission date the 30th of October 2020 after amending the Law regulating the Citizenship by Investment Program. The new policy of the Government let to many rejections of new applications and initiated many revocation procedures for investors who had already received the Cypriot passport.
Administrative law – Challenge of Governmental decisions
The administration and public authorities have wide discretionary decision-making powers but an administrative act may be challenged if they are exercised arbitrarily, without any control violating the Constitution, the Administrative law, the European law, established principles and caselaw. In order to annul an administrative act, someone needs to invoke certain reasons of invalidity as dictated in article 146 of the Constitution. Even one reason suffices to lead to the annulment and some of the reasons are the following:
- Violation of the Law in General
- Violation of the Law: General Administrative Principles Law
- Violation of the Law: Constitution & Constitutional rights
- Violation of the Principles of Good Administration
- Abuse of Administrative Power
- Non – Compliance of the Administration with Decisions of the Supreme Court
- Lack of Adequate Reasoning & Insufficient Research
For a better understanding of the above, we have made a short analysis of the two occasions with a focus on the Cyprus Administrative Law.