Posts

International Criminal Court removes Prosecutor Karim Khan over serious misconduct

Image
International Criminal Court member states voted to dismiss prosecutor Karim Khan following disputed allegations that he sexually assaulted a female member of his staff. The Assembly of States Parties to the Rome Statute of the International Criminal Court held a special session on disciplinary proceedings involving an elected official on 24 July 2026 at United Nations Headquarters in New York. The Assembly adopted a decision, by secret ballot, by an absolute majority of 82 States Parties, finding that Mr. Karim Khan committed serious misconduct and serious breach of duty and removed him from office under article 46 of the Rome Statute. Following the decision, Deputy Prosecutors Nazhat Shameen Khan and Mame Mandiaye Niang, will continue to head the Office of the Prosecutor (the Office). Since Mr Karim A. A. Khan took a leave of absence in May 2025,  the Deputy Prosecutors have assumed responsibility for the leadership, management and administration of...

Balancing Crime Control and Ne Bis In Idem: ECtHR Finds No Violation in Successive Proceedings

Image
The case concerned the right not to be tried or punished twice – a right protected by Article 4 of Protocol No. 7 and known as the “ne bis in idem” principle. In its Grand Chamber judgment in the case of Jesus Pinhal v. Portugal (applications nos. 48047/15 and 2276/20) the European Court of Human Rights held, by fifteen votes to two, that there had been no violation of Article 4 of Protocol No. 7 (right not to be tried or punished twice) to the European Convention on Human Rights. The applicant had been a member and Vice-Chairman of the Banco Comercial Português bank (“the BCP”). Following a complaint, the Lisbon public prosecutor’s office, the Securities Market Commission (CMVM) and the Portuguese central bank (BdP) initiated proceedings against him for various criminal and administrative offences. Before the Court, the applicant argued that he had been tried three times for the same acts. The Court used this occasion to clarify the criteria to be applied in striking a fair bala...

The Title Deed Issue in Cyprus and the "Trapped Buyers" Phenomenon

Image
Article By Giorgos Kazoleas, Lawyer LL.M.  The issue of title deeds in Cyprus and the phenomenon of "trapped buyers" constitutes one of the greatest legal, financial, and social peculiarities of Cypriot real estate law. The Cypriot Peculiarity: Sale Without a Title Deed Under Cypriot law (pursuant to the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224), legal ownership of a property is transferred and acquired solely upon its registration with the Department of Lands and Surveys and the issuance of the relevant Certificate of Registration (Title Deed). However, a major peculiarity exists: it is entirely legal to sell a property that does not (yet) possess a separate title deed. This typically occurs in new developments (apartment buildings or residential complexes), where the title deed for the plot of land belongs to the developer, but the separate title deeds for each apartment or house can take years to be issued due to bureaucracy, pending ap...

Motor vehicle liability insurance: EU law does not preclude the transfer of a claim for compensation held against an insurance company (CJEU)

Image
Motor vehicle liability insurance: EU law does not preclude the transfer of a claim for compensation held against an insurance company (Judgment of the Court of Justice of EU in Case C-277/25- Helpfind Funding and Others). In Poland, several people whose vehicles had been damaged in road traffic accidents received compensation from the insurance undertakings of the persons responsible for those accidents. They took the view that the sums that they had received did not fully remedy their material damage, and therefore assigned their compensation claims to companies specialising in debt recovery, in return for payment. [1] Those professionals then brought legal proceedings against the insurers concerned. The Polish court seised of those disputes referred the matter to the Court of Justice to enquire whether the EU Motor Insurance Directive [2] prevents such an assignment of the right to compensation.  The Court answers that question in the negative. It notes that the directive aims t...

European Commission asked to retain text messages sent by heads of state and government

Image
An inquiry by European Ombudswoman Anjinho has found maladministration for how the European Commission dealt with a request for public access to a text message sent by the French President to the President of the European Commission concerning the EU-Mercosur trade deal. In response to the access request, which came from a journalist, the Commission indicated that the message had been automatically deleted due to the ‘disappearing messages’ feature having been activated on the President’s phone. In examining how the Commission handled the matter following a complaint by the journalist, the Ombudswoman’s inquiry was unable to establish whether the text message was deleted before or after the public access request was submitted. It was also not possible to establish whether the Commission searched for the text when it received the request or if it only did so a year later when it replied to the request. The Ombudswoman noted that the fact that these relevant timelines coul...

Anti-money laundering: Subject to a legitimate interest, the public has access to information on the beneficial ownership of trust mandates governed by Italian law (CJEU)

Image
According to the Judgment of the Court of Justice dated 21.5.2026 in Joined Cases C-684/24  (Across Fiduciaria and Others) and C-685/24 (Unione Fiduciaria and Others), subject to a legitimate interest, the public has access to information on the beneficial ownership of trust mandates governed by Italian law. According to common practice, a trust mandate is an agreement whereby a trustee is entrusted with the management of property or rights in the interests of the settlor or other beneficiaries. Under the 4th Anti-Money Laundering Directive, [1] Member States must ensure that trustees provide, hold and make accessible information on the beneficial owners of trusts.  Those obligations also extend to other legal arrangements with a structure or functions similar to trusts. The Italian authorities have adopted measures to implement those obligations and have considered that the Italian trust mandate (mandato fiduciario) constitutes such a similar legal arrangement. They therefore...

From the Courtroom to the TV Studio: TV Lawyers and the Transformation of Legal Discourse

Image
By George Kazoleas, Attorney-at-Law An increasing number of lawyers appear daily on television shows, seeking exposure and recognition. Television has traditionally been a powerful medium for building their personal profile and attracting clients. However, this tactic often leads to unfair competition and distorts the very nature of the legal profession. Instead of earning their prestige through academic training and successful cases, they seek it under the public spotlight. "TV lawyers" often appear to satisfy an inherent narcissistic need for recognition and exposure. Their television presence enables them to express their views publicly and become central figures. Yet, to maintain their popularity and secure invitations from television networks, they are willing to disclose confidential information from case files they handle. This constitutes a severe violation of legal ethics and confidentiality, which can jeopardize not only the progress of the case but also the client’...

Amendment of Articles of Association in Cyprus: Between Corporate Freedom and Abuse of Right – A Comparison with the Corresponding Regulation in Germany

Image
Giorgos Kazoleas, Lawyer in Cyprus The Articles of Association constitute the regulatory framework of a company, governing the internal relations between its members and management. Under Cyprus law, flexibility in adapting this document is vital, but it is not unchecked. The Amendment Process (Section 12 of the Companies Law, Cap. 113) Pursuant to Section 12 of the Companies Law (Cap. 113), a company may amend its articles of association by passing a Special Resolution, subject to compliance with the provisions of this Law and the conditions contained in the Company’s Memorandum of Association. The Company may amend specific articles or its articles of association in their entirety. For the amendment to be valid, a majority of at least 75% of the members present and voting at the General Meeting is required, and the prescribed notice must have been given (typically 21 days, unless otherwise provided for private companies). Subsequently, the company must submit the special reso...

Continued preventive detention of convicted paedophile in view of risk of reoffending did not breach Convention but Administrative Court ought to have held hearing in his case (ECtHR)

Image
The case of B.M. v. Switzerland (application no. 50227/21) concerned the rejection of the application for release on licence made by the applicant, a paedophile who had been in preventive detention since 2005 following his conviction for sexual assault of minors, and the Administrative Court’s failure to hold a hearing in his case. In Chamber's judgment dated 12.5.2026, the European Court of Human Rights held, unanimously, that there had been no violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights. The Court found, in particular, that the Federal Supreme Court had adopted an approach consistent with the principles set out in its case-law on the justification for deprivation of liberty under paragraph 1 (a) of Article 5 of the Convention when it had held that the legal interests at stake were of high importance because they involved the physical and mental well-being of children, who were vulnerable individuals. The continuation of th...

Landmark Murder Conviction for Illegal Street Racing in Germany

Image
Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...

Violation of right to fair trial by use of “caution” measure (ECtHR)

Image
In Chamber's judgment dated 19.3.2026 in the case of B.G. v. France (application no. 70945/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.  The case primarily concerned the failure to afford the guarantees of the right to a fair trial during “caution” (rappel à la loi) proceedings initiated by the public prosecutor against the applicant for false accusation of rape.  The applicant, aged 16 at the time, had reported a 17-year-old man, L.A., to the police for rape. Following the discontinuance of the investigation into that complaint, L.A.’s mother reported the applicant to the police for making a false accusation.  Although the applicant stood by the details of her initial complaint, she was issued with a caution and was consequently included in the criminal history database for a five-year period.  The Court emphasised the importance and the ...

National courts failed to protect high-profile defence lawyer’s reputation against clergyman’s accusations on live television (ECtHR)

Image
In Chamber's judgment in the case of Ramishvili v. Georgia (application no. 4100/24) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned civil defamation proceedings brought by the applicant, a well-known defence lawyer, against a prominent clergyman of the Georgian Orthodox Church, for statements he had made during a televised interview accusing him of being a “snitch” and feeding information to the secret services. The Court found that the clergyman’s statements had been made in the context of a matter of public interest, namely a high-profile criminal case, and that the applicant himself was a public figure who therefore had to show higher tolerance of others’ opinions.  However, the accusations against him had been very serious and should have had a solid basis in fact to be protected under the Convention. Instead of lookin...

Buying Property in Cyprus: Why Due Diligence is the Buyer's Legal Shield

Image
By Giorgos Kazoleas, Lawyer in Cyprus For most people, purchasing property in Cyprus is the most significant investment of their lifetime. However, behind an attractive photo in an online listing or a "bargain" price, hidden legal traps can easily turn a dream investment into a financial nightmare. Property Due Diligence is far more than a mere formality. It is a rigorous, essential investigation that ensures the property you are buying is legally "sound," free of encumbrances, and in full compliance with urban planning regulations. What Does a Comprehensive Legal Check Include? Before any contracts are signed or any funds are transferred to the Seller, the following elements must be subjected to a thorough legal audit: Ownership Status: Is the seller the actual and sole registered owner? Do they hold the full share of the property being sold? Encumbrances and Charges: Are there any active mortgages, "memos" (court judgments), or other regional bur...

Cancellation of a flight: The refund of the airline ticket price must include the commission collected by an intermediary at the time of purchase (CJEU)

Image
Judgment of the Court in Case C-45/24 (15.1.2026)- Verein für Konsumenteninformation : Cancellation of a flight: the refund of the airline ticket price must include the commission collected by an intermediary at the time of purchase. It is not necessary for the airline to know the exact amount of that commission. Several travellers purchased airline tickets on the booking portal of the Opodo travel agency [1] for a KLM return flight from Vienna (Austria) to Lima (Peru). Since the flights were cancelled, KLM reimbursed the amount they had paid, minus approximately € 95 that Opodo had charged them as agency commission. The air passengers concerned assigned their potential rights to reimbursement to a consumer protection association. That association contends, before the Austrian courts, that the reimbursement of the cost of the airline tickets by the airline in question should include the agency commission charged to passengers, as in the present case, by a travel agency acting as that a...

The Concept of "Habitual Residence" as a Jurisdictional Basis in International Parental Responsibility Disputes: The Cypriot Approach

Image
Written By Giorgos Kazoleas, Lawyer at Legal Experts Cyprus In modern private international law, determining the Forum Conveniens (the appropriate court) for resolving parental responsibility disputes is a critical issue for ensuring the best interests of the child. Within the Cypriot legal order, the jurisdiction of Family Courts in cases involving international elements—such as those involving third-country nationals—is primarily established through the concept of "habitual residence." 1. The Legal Framework: The 1996 Hague Convention and National Law The establishment of jurisdiction for Cypriot Courts arises from the combined application of international and national rules: 1996 Hague Convention [1] : According to Article 5, the judicial or administrative authorities of the Contracting State of the child’s habitual residence have jurisdiction to take measures directed at the protection of the child’s person or property. The Family Courts Law (Law 23/1990) : Arti...

Pretextual Threats of Collective Redundancies: A Form of Workplace Harassment (Mobbing) under Cyprus Law

Image
Written by Giorgos Kazoleas, Managing Partner Lawyer at Legal Experts Cyprus In the Cypriot labor market, personnel management is often characterized by employer practices that exploit the fear and insecurity of employees. A particularly serious issue is the pretextual threat of collective redundancies within companies and enterprises. When such a threat does not reflect a genuine need for restructuring or financial distress, but is instead used deceptively as leverage to intensify labor and suppress claims (e.g., salary increases, bonus claims, other benefits, promotions, etc.), it transforms into a form of workplace harassment (mobbing) with specific legal implications. The Specialized Legal Framework: Law 42(I)/2025 The legal handling of this phenomenon—which has reached concerning proportions in Cyprus—was decisively strengthened by the enactment of the Prevention and Combating of Violence and Harassment at the Workplace Law of 2025 (Law 42(I)/2025). This law incorporates the...

Personal data collected by means of body cameras worn by ticket inspectors on public transport – Legal basis for the obligation on the data controller to provide information to the data subject (CJEU)

Image
Judgment of the Court of Justice in Case C-422/24 (Storstockholms Lokaltrafik) dated 18.12.2025 - GDPR: If a body camera is used during a ticket inspection, certain information must be provided immediately to the passenger concerned. The most important information may be indicated on a warning sign, while other information may be provided in an easily accessible place. A public transport company in Stockholm (Sweden) equips its ticket inspectors with body cameras to film passengers during ticket inspections. The Swedish Authority for Privacy Protection fined that company for breaching several provisions of the General Data Protection Regulation (GDPR). [1]  Among other things, it considers that the use of body cameras allowed personal data to be collected directly [2] from the persons filmed, who had not been provided with sufficient information in that regard.  The company disputes that there has been a breach of the obligation to provide information. It maintains that it col...

Harassment During Job Interviews Under Cyprus Law

Image
By Giorgos Kazoleas, LL.M., Lawyer, Managing Partner at Legal Experts Cyprus Harassment or bullying during a job interview can now legally be considered workplace harassment. This is explicitly provided for in recent Cypriot legislation regarding workplace harassment, which widens the scope of application to include candidates for employment. The Legal Framework in Cyprus: Law 42(I)/2025 Law 42(I)/2025 (The Prevention and Combating of Violence and Harassment at Work Law), which came into force on April 11, 2025, explicitly extends protection against harassment and violence to the recruitment process and employment negotiations before a contract is signed. According to the interpretation of terms in Article 2 of the Law, the definition of an "employee" includes, among others, a person: "Whose employment relationship has not yet begun, in cases where the violation of the provisions of this Law has been committed during the recruitment process or at another stage of...

Legal research assistant in the United Nations Trade and Development (UNCTAD).

Image
Legal research assistant in the United Nations Trade and Development (UNCTAD). This position is located primarily in the United Nations Trade and Development (UNCTAD). The Internship Programme is unpaid and full-time, i.e., an intern is expected to work five days per week (40 hours).  This internship position is offered on an in-person basis. The internship will be located in the Division on International Trade and Commodities (DITC), Competition and Consumer Policies Branch. The internship will tentatively start on 19 January 2026 for 6 months. For in-person internships, interns must have a valid visa. All costs of travel, accommodation, medical insurance and living expenses must be covered by the intern. Work location: Geneva Expected duration: 19.01.26 -17.07.26 Deadline : Dec 16, 2025 More information and applications here

CJEU Ruling C-57/23: Police May Rely on Internal Rules to Store Suspect Data

Image
Judgment of the Court of Justice in Case C-57/23 (Policejní prezidium): The police of a Member State may decide, on the basis of internal rules, whether it is ecessary to store the biometric and genetic data of a person accused or suspected of a criminal offence.  Where national law sets appropriate time limits for a review of the need to store those data, it does not necessarily need to provide for a maximum period of storage . A Czech public official was interviewed by the police in the context of criminal proceedings involving him. Despite his objections, the police ordered the taking of his fingerprints, the taking of a buccal smear on the basis of which the police established a genetic profile, the taking of photographs and the drawing up of a description of him. That information was entered into various databases.  In 2017, the public official was convicted by final judgment of, inter alia, misconduct in public office. In separate proceedings, he challenged the identific...