European Commission makes recommendations for Cyprus justice system improvement

While acknowledging the progress already made, the European Commission has made a series of recommendations towards the further improvement of Cyprus’ justice system.

According to a European Commission Country Chapter on the rule of law situation in Cyprus published on 5 July, “The Cypriot justice system has undergone significant reforms, including new courts and levels of jurisdiction. The new system of appointments of judges to the Supreme Constitutional Court and the Supreme Court includes a positive step involving the judiciary, in line with European standards.”

However, according to the European Commission report, in Cyprus “The justice system continues to face serious challenges as regards its efficiency. A number of ongoing reforms aim to improve the quality and efficiency of the justice system, including the level of digitalisation, but their implementation is slow.”

It also noted that while the appointment of new judges and the adoption of new procedural rules are positive developments, the shortage of support staff remains a challenge.

Among other things, the report also stated that the implementation of provisions on conflicts of interest for members of Parliament continues, and no further steps were taken concerning similar provisions for the public service.

It also stated that the creation of the e-consultation platform aims to increase accessibility and transparency in the law-making process, while further action is required to address persistent shortcomings regarding the effective and timely consultation of stakeholders.

“Plans aiming at digitalising the law-making process are expected to improve the quality of and access to legislation. The reinforcement of the Ombudsperson regulatory framework resulted in its upgrading to an Astatus National Human Rights Institution. Administrative and financial burdens raise concerns regarding the environment for civil society,” the report added.

It continued, “On this basis, and considering other developments that took place in the period of reference, and in addition to recalling the commitments made under the national Recovery and Resilience Plan relating to certain aspects of the justice system and the anti-corruption framework, it is recommended to Cyprus to: Strengthen the independence and the accountability of the Prosecution Service, including by providing for a possibility of review of the decision of the Attorney General not to prosecute or to discontinue proceedings, taking into account European standards on independence and autonomy of the prosecution.”

Further recommendations include that Cyprus, “Introduce rules on asset disclosure for elected officials to establish regular and comprehensive filing, combined with effective, regular and full verifications; Ensure that the recently established Independent Authority for Anti-Corruption has the financial, human and technical resources to effectively perform its competences; and Adopt legislation to ensure fair and transparent distribution of advertising expenditure by the state and state-owned companies.”

The European Commission’s recommendations conclude with advising Cyprus to, “Advance with the process aimed at strengthening the rules and mechanisms to enhance the independent governance of public service media taking into account European standards on public service media; and Proceed with the adoption of the framework for the effective and timely consultation of stakeholders in the legislative process and ensure its implementation.”

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