All eyes on Supreme Constitutional Court for Auditor General’s job decision

The big decision over the fate of Auditor General Odysseas Michaelides’ job is expected to be announced today at the Supreme Constitutional Court.

Inevitably a high-stakes case, the hearing is scheduled to begin at 9:30am, and will determine whether Michaelides will continue to serve in his role as auditor general of the country, or whether he will be fired.

A panel of eight judges (one stepped down early on citing conflict of interest) convening as a Council will have already passed their judgement on whether Michaelides’ conduct was found to be inappropriate. The decision will be read out by Supreme Constitutional Court President Antonis Liatsos.

The big question is whether Michaelides will stay on, or get fired. Will the judges determine that he overstepped the mark as Attorney General George Savvides has argued all along when filing the case?

Whatever decision it is, it will be binding, though Michaelides does have the option to turn to the European Court of Human Rights if he is fired, according tolegal expert Achilles Emilianides.

The lawyer specified that as things stand, one of the two independent officials will emerge defeated. If Michaelides is dismissed, he has obviously lost the case.

But if Michaelides is allowed to stay on, this raises many questions for the AG for bringing the case before the court to begin with.

A more ‘reconciliatory route’ the judges could take, is to say that Michaelides has crossed the line but not severely enough to be classed as inappropriate conduct. Hence, he stays on – but must toe the line.

In this scenario, both Michaelides and Savvides emerge bruised but with enough to go on allowing them to claim some kind of win.

Speculation has been rife but only a handful of people know if Michaelides will continue to be Cyprus’ auditor general. Almost ironically, earlier this month, the justice minister said he would be meeting the auditor general on September 23.

Savvides formally filed the case on April 26, calling for Michaelides’ dismissal on the grounds of inappropriate conduct. Nonetheless, it was clear the legal service planned to do so long before.

In fact, for Michaelides, rumours there would be efforts to have him fired have been circulating since 2020. Savvides confirmed as much when he said the president asked him to begin the process to have Michaelides fired – though he never specified which president.

He also said they had been gathering evidence of Michaelides’ alleged misconduct for four years.

Incumbent President Nikos Christodoulides said he tried to prevent this court case. If true, then it leaves no other option than his predecessor Nicos Anastasiades, under whose presidency Michaelides and Savvides really started clashing – over the controversial golden passports back in 2020.

The court case has not dragged on for too long – though summer recess made the anticipation stretch out. Much was said in the high-ceiling courtroom. Tones were raised, shoulders shrugged and swords drawn, as the officials were questioned for hours.

Savvides accused Michaelides of wrecking institutions due to his conduct and ‘degrading manner’ which suggests corruption is rife among all state officials. He has argued it is “about time” to see Michaelides dismissed for the sake of the public’s interest.

The AG charged the auditor-general was “manic” in his persistence in trying to prove to the world that he is the only state official of good standing, while Michaelides has argued Savvides is seeking his annihilation.

The auditor general has painted a starkly different picture, saying the differences between the two were never personal on his part. Nonetheless, he said Savvides has threatened and humiliated him, stressing that the audit office cannot bow to orders from the AG as it needs to cling on to whatever remnants of independence it has.

Michaelides has attributed the clashes between himself and the legal service as a direct result of the issues which arise with the attorney-general’s dual role: as state prosecutor and state advisor. The matter has been flagged in the EU’s Commission Rule of Law report.

Inevitably, as some experts have argued, this entire case has been a huge clash of institutions. The decision may come today but the aftermath will carry long after.