DECISION OF THE FULL BENCH OF THE SUPREME COURT IN THE CASE OF A LONG-TERM RESIDENT DOMESTIC WORKER (CASE No. 673/2006)

KISA – Action for Equality, Support, Antiracism expresses its grave concern about the decision of the full bench of the Supreme Court in the case of Motilla v. the Republic of Cyprus (Case No. 673/2006)

The Full Bench of the Supreme Court has, fortunately not unanimously, fully adopted the policy of the Civil Registry and Migration Department, which in KISA’s opinion is illegal and violates Directive 2003/109/EC concerning the status of the long-term resident third-country nationals. This policy considers all migrant workers as temporarily resident with officially limited residence permits, irrespective of the fact that they have legally and continuously resided in Cyprus for five years. As a result, it excludes all migrants from the Directive’s scope of implementation. In other words, with the blessings of the Supreme Court, the overwhelming majority of migrants cannot benefit from the provisions of Directive 2003/109/ΕC as almost all residence permits of migrant workers are formally limited.

KISA also denounces the Supreme Court’s omission to refer the particular question for interpretation to the European Court of Justice (ECJ), which is solely competent to interpret community law, as was its obligation to do, given that it considered the clarification of this question necessary for the outcome of the case. Instead, the Supreme Court itself interpreted provisions of community law, which have not up to now been interpreted by the ECJ, in a negative and restrictive manner and also decisively for the rights of thousands of third-country nationals who have submitted or will submit applications for acquiring the long-term residence status.

KISA is of the opinion that this decision will have chain reactions on the aggravation of the long-standing problems in the area of migration and especially in the increase of migrants without papers and asylum applications as well as the super-exploitation of the affected migrants by the various rings and so called “specialists”.

After the above development, KISA has no other choice but to:
1. Denounce the Republic of Cyprus and its agencies, including the Supreme Court, to the European Commission for violation of Community law.
2. To call on all migrants, trade unions and organised groups to mobilise against this interpretation of the law and this policy.