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23 June, 2024
 
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Hearings have begun in the Auditor General dismissal case

Preliminary arguments challenge Attorney General’s authority to seek dismissal of Odysseas Michaelides

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Apostolos Tomaras reports that proceedings have begun at the Supreme Constitutional Court regarding the Attorney General's application to dismiss Auditor General Odysseas Michaelides. The preliminary issue raised by Michaelides' legal team questions the constitutional authority of the Attorney General to seek such a dismissal.

Michaelides' legal team presented their reasoning before the Judicial Council, arguing that the Constitution does not explicitly grant the Attorney General the power to request the removal of the Auditor General. They contended that allowing the dismissal would represent a constitutional aberration and that the decision in the previous Erotokritos case, which purportedly supported such a power, was incorrect and should not be considered a precedent.

The proceedings are a continuation of last week's adjournment, which was requested by Michaelides to prepare arguments against two preliminary objections.

Complications arose earlier when Judge Nicolas Sandis requested recusal due to his son's employment at a law firm involved in the case. Additionally, two other Council members faced potential conflicts of interest due to their personal cases being handled by the law firms of Kallis and Triantafyllidis. The lawyers did not object to their exclusion.

During earlier proceedings, Mr. Kallis highlighted the absence of an appointment letter from the Auditor General to his counsel, prompting the President of the Council to request the document be presented in today's meeting. The President of the Supreme Constitutional Court also indicated that the House intends to issue instructions to expedite and simplify the procedure for a swift resolution of the case.

The outcome of this case could have significant implications for the interpretation of the constitutional powers of the Attorney General and the security of tenure for the Auditor General.

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