New legal questions over the constitutionality of Cyprus’s deputy ministries have emerged after the attorney general suspended a criminal prosecution in a case before the Paphos district court.
The development has revived a long-running debate over whether the creation and operation of deputy ministries are provided for under the constitution and whether decisions taken by them are legally valid.
Until the issue is definitively settled by the Supreme Constitutional Court, legal experts say the question of constitutionality will inevitably continue to affect proceedings before lower courts.
Case raises constitutional challenge
The issue resurfaced in a criminal case heard at the Paphos district court.
The indictment had been filed by the director-general of the deputy ministry of tourism against a defendant accused of renting, maintaining, operating and promoting accommodation in violation of the law establishing the deputy ministry of tourism and the appointment of a deputy minister to the president (Law 123(I)/2018).
The defendant faced three charges.
At the beginning of the proceedings, defence lawyer Savvas Zannoupas raised the question of whether the deputy ministry of tourism itself is constitutional and whether the defendant could lawfully be prosecuted under its authority.
The court then requested written submissions from both the prosecution and the defence on the matter. At the time, it was also indicated that the possibility was being examined of submitting a request to the Supreme Constitutional Court to rule on the constitutionality of deputy ministries.
Argument based on constitutional provisions
The defence argued that the creation of the deputy ministry of tourism violates several articles of the constitution, including Articles 46, 47, 48, 49, 54, 55, 57, 58, 61 and 179.
According to this argument, the constitution of the Republic of Cyprus does not provide for the establishment of deputy ministries.
However, while the defence had already submitted its written arguments, the prosecution did not proceed with its own submission. During the latest hearing on February 26, 2026, a representative of the law office of the republic informed the court that the attorney general had exercised his powers under Article 113 of the constitution and suspended the criminal prosecution.
Questions over the suspension decision
The case has once again brought the issue of deputy ministries to the forefront, highlighting the need for a clear judicial ruling on whether their existence and operation are covered by the constitution.
A key question arising from the development is whether the attorney general’s decision to suspend the prosecution could be linked to the constitutional issue raised during the proceedings.
Decisions by the attorney general to suspend criminal prosecutions are not subject to judicial review. Nevertheless, the timing of the decision – taken while the prosecution’s position on the constitutional issue was still pending – has intensified speculation.
Similar cases in the past
According to information obtained by Politis, at least two other court proceedings in recent years have also raised the issue of the constitutionality of deputy ministries.
In those cases as well, prosecutions had been initiated by deputy ministries. However, the matter has never reached the Supreme Constitutional Court for a definitive ruling.
Two possible legal paths
Legal experts who believe the operation of deputy ministries is unconstitutional told Politis that there are essentially two possible ways forward.
The first would involve the council of ministers submitting a bill to parliament to repeal the laws under which the existing deputy ministries were established. However, given the time that has already passed without such action, this scenario is considered unlikely.
The second, and more likely, route would arise if a legal entity challenges a decision taken by a deputy ministry and raises the issue of the unconstitutionality of the ministry or the appointment of its deputy minister before a court.
In that case, the court would be required to rule on the matter, with the final authority resting with the Supreme Constitutional Court.
Ongoing uncertainty for six deputy ministries
The constitutionality of Cyprus’s six deputy ministries has also been a recurring source of political debate.
Although they have been operating for years, the issue remains unresolved. On one side of the debate, supporters refer to a legal opinion from the law office of the republic suggesting that the operation of deputy ministries is compatible with the constitution. That opinion, however, has never been made public.
On the other side, several legal scholars argue that the constitution of the Republic of Cyprus makes no provision for the creation of deputy ministries.
There is also a strong view among some legal experts that deputy ministers should not participate in decision-making within the council of ministers.
The issue is considered particularly serious because of the potential consequences of a constitutional ruling. If the Supreme Constitutional Court were to determine that deputy ministries are not constitutionally valid, the implications could be far-reaching, as decisions taken since their establishment could potentially be deemed invalid.