Doria Varoshiotou Case: Request for Referral to the ECJ

Judge Doria Varoshiotou has filed a request with the Supreme Constitutional Court, seeking the referral of questions to the Court of Justice of the European Union (ECJ) regarding the termination of her services. Ms. Varoshiotou challenges whether the termination violates the principles of judicial independence and tenure.

The two questions posed are:

1. Whether the appointment of a judge to a permanent position for a probationary period, in the absence of a relevant national legislative framework, constitutes a violation of the principles of judicial independence.
2. Whether the termination of the services of a permanent judge due to the expiration of the probationary period, without disciplinary proceedings, constitutes a violation.

The application, filed by lawyer Achilleas Dimitriadis, also requests the suspension of the hearing of Ms. Varoshiotou's objection until the ECJ issues a preliminary ruling. Ms. Varoshiotou challenges the decision of the Supreme Judicial Council (30/6/2025) by which her services were terminated due to the expiration of the probationary period.

The application emphasizes that the legal framework of Cyprus does not provide for a probationary period for judges, and that the dismissal of a judge should only occur after disciplinary proceedings and for reasons of misconduct.

The Constitutional Court is expected to consider the request and hear both sides. A decision is also pending on whether three members of the Court will be excused, at the request of Ms. Varoshiotou's side.