A public discussion will be inevitable after the Supreme Constitutional Court issues its decision on Wednesday over Auditor General Odysseas Michaelides’ future in his role, lawyer Achilles Emilianides said on Tuesday.
Commenting ahead of the decision on the case filed by Attorney General (AG) George Savvides seeking to have Michaelides fired for inappropriate conduct, Emilianides told the Cyprus News Agency (CNA) there are only two options.
The court will either rule that Michaelides has overstepped his remit and should be fired or that he should remain in his post.
Whichever one it is will be binding, though Michaelides does have the option to turn to the European Court of Human Rights if he is fired.
Either way, the public discussion is a given but there will no longer be the question hanging in the air which has been present for a number of years, Emilianides said.
The court’s decision is also binding for President Nikos Christodoulides, who will have to sign off the decision firing Michaelides if it comes to it, the lawyer added.
Should the Supreme Constitutional Court rule Michaelides should be dismissed “then the AG’s choice to turn to the Council citing inappropriate conduct, will be justified.
“Given the support that Odysseas Michaelides enjoys in the exercise of his duties from the general public, this will be considered, regardless of the legal aspect, a defeat for the way the Auditor General intervenes, and I have no doubt that there will be a great debate, regardless of the legal aspects, about the political consequences of such a decision”.
Additionally, if Michaelides is eventually fired, this will inevitably cause a major upset in the audit office itself, where staff “with a few small exceptions” have shown support for the auditor general and the way he carries out his duties.
It is understood Emilianides was referring to the deputy auditor-general, with whom Michaelides is known to have had clashes.
According to the lawyer, the court’s decision will inevitably pave the way to its constitutional amendments it has touted for reforming the audit office – which Michaelides has been ardently opposed to.
Nonetheless, the case could end with Michaelides not being fired. “This will mean the AG’s application is rejected.
“It will be a significant win for the auditor general, and a defeat for the AG who filed the application.”
The degree of the defeat will be measured by the details of the decision. It will reveal whether the judges determined the application had any grounds to begin with.
Should Michaelides emerge victorious, “he will be ‘rewarded’ for the way he carries out his duties.”
Alternatively, the court may deem the AG had grounds to file the case but Michaelides’ actions were not severe enough to rule his conduct was inappropriate, Emilianides said.
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