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ADMINISTRATIVE LAW ADVISORY SUBSECTION
According to Article 113.1 of the Constitution, the Attorney General of the Republic is the legal advisor of the Republic, of the President of the Republic, of the Council of Ministers and Ministers.
The Administrative Law Advisory Subsector is responsible for guiding, via legal opinions, the acts of the Government in the exercise of its executive power and in general, (is responsible for guiding) the administrative services of the State, so that their acts and decisions comply with the Constitution and the Laws of the Republic.
The legal opinions are given after the relevant authorities seek advice on questions that are submitted to the Law Office, or ex proprio motu in case the Attorney General considers it necessary. Legal opinions are not given in cases where the law itself provides that the administrative body or organ has discretion in the exercise of its administrative power, after it evaluates and weighs the facts surrounding the matter.
The Attorney General’s legal opinions are binding on the administration which has to follow them when issuing an administrative act, but do not bind the Court. This is due to the fact that the legal opinions are not administrative acts or decisions that can be challenged by way of a recourse under Article 146 before the Administrative Court. The administrative act and the opinion upon which the administrative act is based are reviewed by the Court if and when this act is challenged before the Administrative Court.
The counsel in charge of the Administrative Law Advisory Subsection is Ms. Jenny Papageorgiou-Karakanna, Senior Counsel of the Republic.
2. Principles of Administrative Law, Law 158(I)/1999 as amended
3. Eight amendment of the Constitution, Law 130(I)/2015
4. The Establishment and Operation of Administrative Court Law of 2015, Law 13(I)/2015 as amended
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