Cyprus

   

Quality of Democracy

#33
Key Findings
As corruption control becomes an increasing concern, Cyprus receives a comparatively low overall score (rank 33) for democracy quality. Its score in this area has declined by 0.7 points relative to 2014.

Electoral-participation rates have declined, with registration rates very low among young people. A number of recently passed laws regulating political-party financing provide numerous loopholes, and lack transparency. The central government suspended scheduled municipal and communal elections in 2021 to further a municipal reform plan.

Human trafficking and forced labor remain problems. Treatment of asylum-seekers and economic and irregular migrants has drawn international criticism. Officials routinely adopt xenophobic narratives. The government continues to attack and influence the media. A long-delayed law regulating access to government information has gone into force.

State officials frequently exploit excessive discretionary powers, showing limited concern for rule-of-law principles. Court workloads make for very long case durations. Numerous corruption cases have come to light in recent years, and anti-corruption policies are largely toothless.

Electoral Processes

#38

How fair are procedures for registering candidates and parties?

10
 9

Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
 8
 7
 6


A few restrictions on election procedures discriminate against a small number of candidates and parties.
 5
 4
 3


Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
 2
 1

Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
Candidacy Procedures
9
Registration requirements for candidates are minimal and relate to citizenship, age, mental soundness and criminal record. The president of the republic must belong to the Greek community. Citizens of other EU member states have voting and eligibility rights in local elections. Eligibility to vote and contest a seat in European Parliament elections was extended to Turkish Cypriots residing in areas not under the government’s control in 2014. Citizens of non-EU countries have no voting rights. Simultaneously holding a public office and/or a post in the public service and/or a ministerial portfolio and/or an elected office is constitutionally prohibited.

The eligibility age to be president is 35. Th eligibility age was reduced from 25 to 21 for municipal and community councilors, and European Parliamentarians in 2013, and for deputies in 2019. Candidate registration procedures are clearly defined, reasonable, and open to media and public review. A candidate must be proposed and supported by registered voters: Two voters for local elections, four for parliamentary elections, and, since 2016, one voter proposing and 100 supporting a candidacy for presidential elections.

A financial deposit is also required from candidates running for office, ranging from €85 (community elections) to €2,000 for presidential elections. This is returned to candidates who meet vote thresholds specific to each election type.

An example of discrimination is the higher thresholds to enter parliament for party alliances.

Citations:
1. The Constitution of the Republic of Cyprus, https://www.constituteproject.org/constitution/Cyprus_2013.pdf?lang=en
2. The Law on the Election of the members of the House of Representatives, L.72/1979, in Greek, http://www.cylaw.org/nomoi/enop/non-ind/1979_1_72/full.html
3. Christophoros Christophorou, Parties and coalitions, un undemocratic law provision, 2021, https://www.eklektor.org/parties-and-coalitions-un-undemocratic-law-provision/

To what extent do candidates and parties have fair access to the media and other means of communication?

10
 9

All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
 8
 7
 6


Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
 5
 4
 3


Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
 2
 1

Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
Media Access
7
Media access for parties and candidates is regulated for radio and television. No law exists for digital media and no obligation is set for the press. However, newspapers offer coverage to all parties and candidates in their print and online editions.

The Law on Radio and Television 7(I)/1998 and specific regulations require equitable and non-discriminatory treatment by commercial channels. The law on the public broadcaster (Cyprus Broadcasting Corporation, RIK) and regulations provide for fair and equitable treatment of political actors. Equity must be respected, particularly during the pre-election period, the definition of which varies in law. Airtime must be allotted to political parties in accordance with the number of parliamentary seats they control and their territorial implantation.

Broadcasters are required to adopt an in-house code of coverage. The Cyprus Radio Television Authority (CRTA) monitors compliance with the rules, but publishes an annual report only on the public broadcaster. Paid political advertising on broadcast media is allowed during the 40 days preceding elections, on equal terms for all, without discrimination. It appears that there is compliance with the rules on media access. However, the absence of publicly available codes of conduct and relevant reports negatively impacts our evaluation.

In the 2021 parliamentary elections, the very low proportion of female candidates and women in media was indicative of the lack of a gender balance. Daily activities and heavy advertising by the government have likely upset the balance and the fairness of media coverage.

Citations:
1. The Law on Radio and Television Stations, L. 7(I)/1998, in Greek, available at http://www.cylaw.org/nomoi/enop/non-ind/1998_1_7/full.html
2. Regulations on fair treatment of parties and candidates, Normative Administrative Acts (NAA) 193/2006 available at http://www.cylaw.org/nomothesia/par _3/meros_1/2006/1641.pdf (in Greek)
3. Christophoros Christophorou (2021), The President, the Government and the Integrity of the Elections,
https://www.eklektor.org/the-president-the-government-and-the-integrity-of-the-elections/

To what extent do all citizens have the opportunity to exercise their right of participation in national elections?

10
 9

All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
 8
 7
 6


The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
 5
 4
 3


While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
 2
 1

The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
Voting and Registration Rights
7
Voting ceased to be mandatory since 2017. Exercising voting rights requires registration on the electoral roll. Despite amendments aiming to facilitate participation, registration deadline may be up to three months before an election. No means of e-voting or proxy voting exist. The voting age is 18, down from 21 since 1996. Special arrangements enable prisoners and other groups to exercise their voting rights. Grouping voters in distant polling stations seems to favor abstention. Overseas voting since 2011 is organized in some cities in Europe and elsewhere. Only 7% of Turkish Cypriots living in the areas not under the Cypriot government’s control voted in the 2019 European Parliament elections. A Turkish Cypriot was among the six candidates elected to the European Parliament.

Voter registration by young citizens remains very low (20-25% of those eligible) since the early 2000s. Additionally, abstention rates have risen sharply, ranging from 28% in presidential elections to more than 50% in local and European Parliament elections.

To overcome problems caused by the COVID-19 restrictions, legal amendments enabled voting by affected persons and expats.

In September 2021, under the pretext of working on the (long-standing) local government reform, the government and the parliament suspended for 30 months municipal, communal and school council elections.

Citations:
1. Local government elections postponed until May 2024, Financial Mirror, 17 September 2021 https://www.financialmirror.com/2021/09/17/local-government-elections-postponed-until-may-2024/

To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?

10
 9

The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
 8
 7
 6


The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
 5
 4
 3


The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
 2
 1

The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
Party Financing
3
Political parties and affiliated organizations receive annual and extraordinary state funding since 1989. Law amendment in 2015 sought to regulate private funding and fight corruption. The ceiling of donations, financial or other, is set at €50,000; the list of donors for sums over €500 must be published. Parties and candidates must submit their accounts, including election-related to the Ministry of Interior (registrar of political parties). Responsibility for monitoring and publishing annual reports lies with the auditor general.

Election campaign spending for parliamentary candidates is capped at €30,000. For presidential candidates, the ceiling is €1 million. Activities that would constitute corruption may be punished with fines and/or imprisonment.

GRECO concluded in a 2018 report that its recommendation on transparency in party funding had been implemented satisfactorily. The auditor general audited party and candidate accounts for the parliamentary and municipal elections in 2016, the presidential elections in 2018, and the European Parliament elections in 2019. In all reports, he pointed to problems that limit the scope and efficiency of control, gaps in the law, the lack of a legal obligation for submitting payment documents, and the lack of a clear definition for “personal expenses,” among other things.

Given the provision of state funding, the caps set for donations and candidate expenses seem excessively high for an electorate of 550,000 voters. In addition, the criteria and procedures for setting the size of state subsidies to political parties remain opaque. The regulatory measures adopted represent a positive step, but there remains a lack of transparency.

Citations:
1. Auditor General, Audit of Candidates’ Electoral Expenses Reports for the Presidential Elections of 2018, 15 January 2021, http://www.audit.gov.cy/audit/audit.nsf/056020A6F9626802C225876B003B52EA/$file/ELECTION%20EXPENSES%20PRESIDENTIAL%20ELECTIONS%202018%2015012021%20%CE%95%CE%9D.pdf

Do citizens have the opportunity to take binding political decisions when they want to do so?

10
 9

Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
 8
 7
 6


Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
 5
 4
 3


Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
 2
 1

Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
Popular Decision-Making
2
The constitution makes no provision for referendums and does not grant citizens the right to make binding decisions. Law 206/1989 provides that the Council of Ministers can initiate such a procedure and ask the House of Representatives to decide on whether a referendum should be held. Citizens cannot petition to initiate such a process. The Interior Ministry must call and organize the vote.

Local referendums are held under the law when communities wish to become municipalities or change their status. However, the government and the parliament have proceeded to bypass the popular will and impose law reforms on local government. They have suspended the municipal and communal elections that were due in December 2021.

Citations:
1. Law on organizing referendums, L. 206/1989, available in Greek at, http://www.cylaw.org/nomoi/enop/non -ind/1989_1_206/full.html.
2. Local government elections postponed until May 2024, Financial Mirror, 17 September 2021, https://www.financialmirror.com/2021/09/17/local-government-elections-postponed-until-may-2024/

Access to Information

#31

To what extent are the media independent from government?

10
 9

Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
 8
 7
 6


The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
 5
 4
 3


The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
 2
 1

Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Media Freedom
7
The regulatory framework for the press, radio and television guarantees media independence. However, no law exists for digital media.

In practice, attacks against the media and efforts by the government to influence the media continued in 2020 and 2021. The most notable incident took place in October 2020, when President Anastasiades told journalists, “Don’t mention Al Jazeera to me, so that the devil does not take you away!” Media treatment of third-party reports and statements attempts to shield the president and government from criticism. Individual columnists are often critical of the government, but editorial media lines remain “protective.” This may be the result of the government’s efforts to gain favor with the media through appointments to political and other positions.

Legal requirements for launching a publication are minimal. The Press Law 145/1989 is supplemented by self-regulation. Media owners, publishers and the Union of Journalists signed a code of journalistic ethics in 1997, and established a complaints commission composed mostly of media professionals.

RIK, the public broadcaster, is a public entity governed by a board appointed by the Council of Ministers. Appointments to this body are politically motivated and the board lacks media expertise. Interference by both the government and political parties undermines freedom of expression and limits pluralism.

Provisions of EU media directives are the backbone of the law that governs private audiovisual media services. Oversight of commercial media and RIK’s compliance with its public-service mandate is carried out by the Cyprus Radio Television Authority (CRTA). The CRTA has extensive powers and a broadly independent status. However, appointments, made by the Council of Ministers, are often politically motivated rather than based on expertise or competence. The regulatory role of the CRTA has been very limited over the years.

On another level, the attorney general’s constitutional powers to seize newspapers or printed matter constitutes a threat to freedom of expression.

Citations:
1. President defends gaffe over Al Jazeera ‘gotcha video’, Financial Mirror, 15 October 2020, https://www.financialmirror.com/2020/10/15/president-defends-gaffe-over-al-jazeera-gotcha-video/
2. Reporters without borders, Cyprus, 2021, https://rsf.org/en/cyprus

To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?

10
 9

Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
 8
 7
 6


Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
 5
 4
 3


Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
 2
 1

Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
Media Pluralism
7
The legacy media landscape is shrinking while digital media proliferates in an unregulated environment. Media companies are extending their hold over the press, and the broadcasting (mainly radio) and online sectors. Dependency on financial interests has increased. This is evident in media content that is less critical about or lacks any reporting on specific businesses or interests. Despite strict radio and television ownership rules, which disallow cross-media conglomerates, deficient regulation and enforcement do not attract scrutiny.

Media outlets, among other businesses, benefited from state grants and subsidies during the COVID-19 crisis.

The COVID-19 crisis dominated news reporting. While corruption and migration occupied ample media space, mainstream media defined their coverage in terms of the Cyprus Problem to “defend Cyprus against threats.” Corruption linked to selling passports and the crisis with Turkey, connected to exploration for hydrocarbons, made the headlines. The influx of undocumented migrants also made the news, with frequent interventions from state officials, which were often loaded with racist rhetoric and endorsed by the media. The absence of quality reporting and the lack of a watchdog are major problems that constrain pluralism.

Publicity of the Recovery and Resilience Plan offered the government ample coverage. Along with other mainstream actors, state officials largely monopolized media access. With parliamentary elections held in May, public focus was on partisan confrontations and blame games, which left little space for meaningful public debate.

Citations:
1. Media Pluralism Monitor Cyprus, 2021 https://cadmus.eui.eu/bitstream/handle/1814/71941/cyprus_results_mpm_2021_cmpf.pdf
2. Andrew Rosenbaum, Qatar, Al Jazeera, Turkey: a network against Cyprus, Cyprus Mail, 25 August 2020, https://cyprus-mail.com/2020/08/25/qatar-al-jazeera-turkey-a-network-against-cyprus/
3. Cyprus must rethink asylum policies, says MP, Financial Mirror, 24 September 2021, https://www.financialmirror.com/2021/09/24/cyprus-must-rethink-asylum-policies-says-mp/

To what extent can citizens obtain official information?

10
 9

Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
 8
 7
 6


Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
 5
 4
 3


Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
 2
 1

Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
Access to Government Information
3
In December 2017, the parliament approved a law “to regulate the right of access to information in the public domain.” The law aimed to create a comprehensive framework that would solve problems, fill in gaps and iron out contradictions in existing rules, dispersed in a variety of laws.

After twice suspending the promulgation of the law, this started in December 2020. The law grants the commissioner for information the power to monitor compliance. This role is assigned to the commissioner for data protection. Exceptions regarding access to information relate to courts and other instances, mainly for cases where examination procedures are ongoing.

Ministries and other public bodies have an obligation to publish information to which access is possible under the law and respond to requests for information within specific timeframes. Complaints can be addressed to the commissioner for information.

One year since the promulgation of the law, the only information available is about seminars that were held, and 25 complaints submitted and five decisions (not published).

Citations:
The Law to regulate access to information in the public domain, L. 184(I)/2017, in Greek, http://cylaw.org/nomoi/enop/non-ind/2017_1_184/full.html

Civil Rights and Political Liberties

#28

To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?

10
 9

All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
 8
 7
 6


The state respects and protects rights, with few infringements. Courts provide protection.
 5
 4
 3


Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
 2
 1

State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
Civil Rights
6
The constitution guarantees civil rights for all, but, despite some positive steps, significant problems persist. These problems include human trafficking, the treatment of asylum-seekers, economic and irregular migrants, and forced labor. Compliance with EU and international rules and standards remains deficient.

The U.S. Department of State placed Cyprus in Tier Two, considering that “it does not fully meet the minimum standards for the elimination of trafficking.” The 2020 report of anti-traffic group of experts (GRETA) of the Council of Europe points to numerous problems. GRETA stresses the need to do more to combat human trafficking, provide legal advice and establish a support fund to compensate victims of trafficking. It also calls for special care when dealing with cases involving the abuse of children. Labor inspectors should be trained so they can prevent abuse of domestic workers and detect human trafficking, while authorities should review issues which make asylum-seekers vulnerable to trafficking.

Overcrowding in prisons was alleviated during COVID-19 with the release or placement in open detainment of detainees. The ombudsman reported lower numbers of complaints by detainees for abuse or maltreatment. In other 2020 reports the Ombudsman’s Office observes that the treatment of asylum-seekers and conditions in detainment centers were very problematic.

Sectors of the economy where migrant workers are employed are not regularly visited by labor inspectors, as noted in the U.S. State Department report for 2020. A study for the Ombudsman’s Office reported cases of abuse, violence and overexploitation of foreign domestic workers. Despite the positive action of NGOs to mitigate problems, they are often targeted by officials with vague baseless allegations of illegal activities. Generally, official narratives have increased the society’s negative stance toward immigrants.

A radical change in official narratives and practices are needed, along with a new culture of respect for all humans. The high AROPE rate for non-native persons points to their vulnerability and the urgency of protection.

Citations:
1. USA State Department, 2021 Trafficking in Persons Report: Cyprus, https://www.state.gov/reports/2021-trafficking-in-persons-report/cyprus/
2. GRETA – Cyprus third evaluation Report, 11 June 2020, https://www.coe.int/en/web/anti-human-trafficking/-/greta-publishes-its-third-evaluation-report-on-cyprus
3. Ombudsman’s report on foreign domestic workers, December 2020, http://www.ombudsman.gov.cy/ombudsman/ombudsman.nsf/All/2358C433C1A0F629C2258646002B79DA/$file/Domestic%20workers%20.pdf

To what extent does the state concede and protect political liberties?

10
 9

All state institutions concede and effectively protect political liberties.
 8
 7
 6


All state institutions for the most part concede and protect political liberties. There are only few infringements.
 5
 4
 3


State institutions concede political liberties but infringements occur regularly in practice.
 2
 1

Political liberties are unsatisfactory codified and frequently violated.
Political Liberties
7
Political liberties and fundamental human rights are generally protected. NGOs and other associations flourish in Cyprus. The multiplication of communication channels facilitates the organization of petitions, protests and rallies. The Church of Cyprus dominates society and interferes in the education system, and is a source of pressure on the Greek Orthodox and other churches. In 2020, several religious minority groups complained about access to, facilities at and the state of places of worship, as well as interference with religious freedoms.

Professional associations and trade unions continue not only to enjoy easier access to public authorities than weaker groups and citizens of third countries, but they are also better received. Third-country citizens need assistance from NGOs to understand and claim their rights.

Although libel has been decriminalized since 2003, both threats to sue and recourse to the courts are often used to silence critics. In 2020 and 2021, there have been isolated cases of interference and attacks on free expression by the authorities.

The blanket ban on public gatherings and demonstrations, introduced because of the COVID-19 crisis, was an extreme measure that violated people’s rights. Moreover, it was not enforced in a coherent way, with the police able to exercise discretion when banning, cracking down on or tolerating public gatherings.

Taking into account the persistence of clientelist systems, founded on discrimination on the basis of party affiliation, we consider that citizens’ liberties and rights are not fully respected.

Citations:
1. Department of State, 2020 Report on International Religious Freedom: Cyprus, https://www.state.gov/reports/2020-report-on-international-religious-freedom/cyprus/
2. Amnesty International, Cyprus: Police violence must be investigated and blanket ban on protest lifted, https://www.amnesty.org/en/latest/news/2021/02/cyprus-police-violence-must-be-investigated-and-blanket-ban-on-protest-lifted/
3. MPs grill Justice Minister for reporting parody account, Financial Mirror, 15 February 2021, https://www.financialmirror.com/2021/02/15/mps-grill-justice-minister-for-reporting-parody-account/

How effectively does the state protect against different forms of discrimination?

10
 9

State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
 8
 7
 6


State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
 5
 4
 3


State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
 2
 1

The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
Non-discrimination
6
Article 18 of the constitution guarantees equality and non-discrimination for all. It explicitly prohibits discrimination, while legislation aims to proactively protect the rights of minority groups. However, in practice, policies do not effectively meet existing challenges, and inequalities and discrimination persist.

Various laws adopted in line with EU directives on gender equality and against discrimination have not achieved significant progress. Instead of combating racism and other forms of discrimination, officials often adopt xenophobic narratives. Enforcing rules that protect the rights of persons with disabilities does not seem to be a priority. Persons needing assistance, including school children, have faced increased problems because of the COVID-19 crisis.

The Council of Europe’s ECRI (2019) stated that its 2016 recommendations are still valid. More is needed to enable the Office of the Ombudsman to act as an effective anti-discrimination authority. The response to the strong recommendation that the authorities “develop a new integration plan for non-nationals,” including various foreign groups, was rather negative. Policies are increasingly discriminate against non-native people, as indicated in a letter from the Council of Europe’s commissioner for human rights to the interior minister in March 2021.

In the Gender Equality Index for 2021, Cyprus scored 57 points, 11 points below the EU average (68).

Citations:
1. Gender Equality Index 2021 – Cyprus, https://eige.europa.eu/gender-equality-index/2021/country/CY
2. CoE European Commission Against Racism and Intolerance, Conclusions on the Implementation of Recommendations, Cyprus, June 2019, https://rm.coe.int/interim-follow-up-conclusions-on-cyprus-5th-monitoring-cycle-/168094ce05

Rule of Law

#34

To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?

10
 9

Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
 8
 7
 6


Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
 5
 4
 3


Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
 2
 1

Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
Legal Certainty
4
Under the law of exception since 1964, the state features a very powerful executive and “independent officers,” who take decisions that frequently exploit excessive discretionary powers. In many instances, the Council of Ministers and other authorities show limited concern for principles of the rule of law.

Court decisions before 2019 confirmed that measures to tackle the economic crisis of 2013 were not consistent with the law. In recent years, laws passed by the parliament were declared unconstitutional by the Supreme Court. Various measures promoted by the government and/or the parliament to deal with non-performing loans are also problematic.

Revelations about the so-called Cyprus Investment Program, linked with the granting of citizenship, showed that basic rules and legality were violated. The inquiry committee found that more than half of the passports granted to “investors” were in violation of the law.

In July 2020, President Anastasiades appointed two of his ministers to be attorney general and deputy attorney general, positions that are responsible for handling cases related to government decisions in which they participated.

Sustained clashes between the president, who stated that the “strict application of regulations can harm public interests,” and his government, on the one hand, and the auditor general, on the other, also took the form of threats that the auditor general would face prosecution.

Citations:
1. More than half citizenships given through investment unlawful, inquiry concludes (updated), Cyprus Mail, 16 April 2021, https://cyprus-mail.com/2021/04/16/more-than-half-citizenship-given-through-investment-unlawful-inquiry-concludes/
2. Ministry defends decision to green light multi-story building in down town Nicosia, Cyprus Mail, 21 December 2021, https://cyprus-mail.com/2021/12/21/ministry-defends-decision-to-green-light-multi-story-building-in-down-town-nicosia/

To what extent do independent courts control whether government and administration act in conformity with the law?

10
 9

Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
 8
 7
 6


Independent courts usually manage to control whether the government and administration act in conformity with the law.
 5
 4
 3


Courts are independent, but often fail to ensure legal compliance.
 2
 1

Courts are biased for or against the incumbent government and lack effective control.
Judicial Review
7
The Administrative Court, which was established in 2016, contributed to somewhat speeding up the administration of justice, but failed to meet critical challenges. A Supreme Court 2021 study showed that backlogs (cases older than two years) counted for 58% of the total cases in trial courts; in appeal courts the rate was 63% for civil law and 44% for administrative law.

Studies, proposals, plans and actions recently have taken attempted to shorten delays in proceedings. Meanwhile, an upgrading of material infrastructure has started, e-justice is making its first steps, a school for judges was established by law in 2020 and new rules of procedure are awaiting a parliamentary vote. However, the major issue is a long-awaited vote in parliament on critical reforms.

A survey of lawyers identifies problems in the judicial system and questions the judiciary’s integrity. Since late 2018, claims of nepotism, and links between justices’ families and leading law firms have been raised. However, in its compliance report, published in November 2020, GRECO concludes that all of its 2016 recommendations for the judiciary were satisfactorily implemented.

Without a vote on and the implementation of reforms, timely judicial review remains highly problematic. Public authorities feel free to violate the law, since justice is applied belatedly.

Citations:
1. http://www.supremecourt.gov.cy/judicial/sc.nsf/All/0759C496EB6BC10DC2258764003BB541/$file/ΕΚΘΕΣΗ ΚΑΘΥΣΤΕΡΗΜΕΝΕΣ ΥΠΟΘΕΣΕΙΣ (BACKLOG) - Γ. ΕΡΩΤΟΚΡΙΤΟΥ.pdf
2. GRECO – Cyprus - Fourth Evaluation Report Corruption prevention in respect of members of
parliament, judges and prosecutors November 2020 https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a06389
3. Most lawyers doubt impartiality of judges, Cyprus Mail, 16 December 2021, https://cyprus-mail.com/2021/12/16/most-lawyers-doubt-impartiality-of-judges/

To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?

10
 9

Justices are appointed in a cooperative appointment process with special majority requirements.
 8
 7
 6


Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
 5
 4
 3


Justices are exclusively appointed by different bodies without special majority requirements.
 2
 1

All judges are appointed exclusively by a single body irrespective of other institutions.
Appointment of Justices
6
The judicial system functions on the basis of the 1960 constitution, albeit with modifications to reflect the circumstances prevailing after the collapse of bicommunal government in 1964. The Supreme Council of Judicature (SCJ), composed of all 13 judges of the Supreme Court, appoints, promotes and places justices, except those of the Supreme Court. The latter are appointed by the president of the republic upon the recommendation of the Supreme Court. By tradition, nominees are drawn from the ranks of the judiciary. In response to GRECO’s 2016 recommendations, a draft law includes provisions that deepen and extend participation in the SCJ. Rules of procedure and criteria for selecting judges were adopted in late 2019 and posted on the Supreme Court’s web portal.

Reforms awaiting parliamentary approval would change the structure of the courts and number of justices, and create the Supreme Constitutional Court and Supreme Appellant Court. These courts will assume the competences of the current Supreme Court.

The gender balance within the judiciary as a whole is approximately 60% male to 40% female. Six of the 13 Supreme Court justices (including the president) and five of the seven Administrative Court justices are female.

Citations:
1. GRECO – Cyprus – Fourth Evaluation Report Corruption prevention in respect of members of
parliament, judges and prosecutors November 2020 https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a06389

To what extent are public officeholders prevented from abusing their position for private interests?

10
 9

Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
 8
 7
 6


Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
 5
 4
 3


Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
 2
 1

Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Corruption Prevention
3
The conviction of officials and others for corruption since 2014, and successive plans presented by the government have been received with skepticism by a public that is not convinced that a true will to fight corruption exists.

GRECO observed in its 2020 compliance report that most of its anti-corruption recommendations for the parliament were not implemented. We note, however, that rules on party financing, introduced in compliance with recommendations, have gaps and problems that affect transparency and effective control.

The European Commission repeated in late 2021 its 2019 observations on corruption. A draft law for an anti-corruption agency is still under examination, while a whistleblower protection issue remains pending. A critical issue is that, for existing codes of conduct, no monitoring, evaluation mechanisms or reports are established. This is the case for ministerial and public sector codes of conduct.

Media, the auditor general and government-appointed inquiry committees established that officials, including the Council of Ministers, acted in violation of laws and/or ethical standards in connection to the granting of passports to investors. Officials choose to talk about mistakes or abuse of the system, refuting the real problem, corruption, which is not an issue of mistake. Without accepting the facts, the credibility of any anti-corruption plan or effort remains low.

Citations:
1. GRECO – Cyprus – Fourth Evaluation Report Corruption prevention in respect of members of
parliament, judges and prosecutors November 2020 https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-m embers-of/1680a06389
2. Anastasiades feels vindicated by passport probe, Knews-Kathimerini, 3 July 2021, https://knews.kathimerini.com.cy/en/news/anastasiades-feels-vindicated-by-passport-report
3. More than half citizenships given through investment unlawful, inquiry concludes (updated), Cyprus Mail, 16 April 2021, https://cyprus-mail.com/2021/04/16/more-than-half-citizenship-given-through-investment-unlawful-inquiry-concludes/
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