COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Cyprus Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 513 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Cyprus
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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1
ABSTRACT
The structural reforms of the Cypriot justice system which are being elaborated by the
Government are progressing, albeit with delays. The draft legislation on the splitting of the
current Supreme Court, voted by Parliament on 7 July 2022, raises certain concerns regarding
the procedure of the appointment of judges in the future Supreme Constitutional Court and
the High Court and the composition of the Supreme Council of the Judicature. The Venice
Commission has issued recommendations on this issue. The planned strengthening of the
budgetary independence of the Law Office by the Government is delayed. The justice system
continues to face serious challenges as regards its efficiency but digital solutions are being
applied and planned. The new rules of civil procedure are being implemented and expected to
have a positive impact on the general efficiency of the justice system. Further reforms aim at
overcoming important challenges for the efficiency and quality of the justice system, in
particular through digitalisation. The Bill establishing the Commercial and the Admiral Court
was adopted by the Parliament on 12 May 2022.
Cyprus enacted the law on the protection of whistleblowers and the law on the transparency
of lobbying. The legislation on asset disclosure for elected officials remains pending before
the Parliament. The institutional framework was also advanced with the establishment by law
of a National Anti-Corruption Authority. The implementation of the anti-corruption plan has
continued. Despite the increased resources allocated to the Attorney General’s Office, results
on the investigation and adjudication of high-level corruption cases are lacking. The
implementation of integrity rules for specific sectors of the administration shows results,
although no progress was made for the general public administration. The scheme for
citizenship through investments was phased-out to address the recommendations of an
inquiry commission.
Freedom of expression and the right of access to information find legal and formal protection
in the Constitution. Secondary legislation expressly ensures protection of journalistic sources,
fosters media pluralism in the radio and television sectors and establishes the framework and
conditions for public access to information. Laws adopted in 2021 expressly declare the
independence of the Cyprus Radio and Television Authority and media ownership
transparency. While the Law on the Cyprus Broadcasting Corporation (CyBC) lays down
rules on the governance and financing of public service media, certain weaknesses have been
identified relating to the appointment and dismissal of CyBC’s board members. A
modernisation of the Law on the Cyprus Broadcasting Corporation as well as of the rules
regulating the employment conditions of the organisation are being considered by the
authorities.
Τhe consultation process on legislative proposals remains limited and concerns exist on the
access to drafts by the public and the involvement of civil society organisations at a
sufficiently early stage. The Government adopted an Action Plan in September 2021 aiming
at the simplification of legislation in general and the reduction of bureaucracy. The
Government has taken action to better assist civil society and to improve communication with
public authorities by creating a dedicated online platform, while judicial proceedings are still
ongoing regarding the registration and operation of a civil society organisation. Human
resources of the Ombudsperson are being reinforced but concerns remain in particular as
regards the selection and appointment procedures and the pluralism in the composition of the
Commissioner’s office.
2
RECOMMENDATIONS
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:
 Ensure that the reform on the appointment of the Supreme Constitutional Court and High
Court judges takes into account European standards on judicial appointments and the
opinion of the Venice Commission.
 Ensure that the reform on the composition of the Supreme Council of the Judicature takes
into account European standards regarding Councils for the Judiciary and the opinion of
the Venice Commission.
 Continue to improve the effective investigation and adjudication of high-level corruption
cases, including by strengthening the Office of the Attorney General and its budgetary
independence.
 Introduce rules on asset disclosure for elected officials to establish regular and
comprehensive filing, combined with effective, regular and full verifications.
 Strengthen the rules and mechanisms to enhance the independent governance of public
service media taking into account European standards on public service media.
 Establish a framework for the effective and timely consultation of stakeholders in the
legislative process.
3
I. JUSTICE SYSTEM
The court system1
is composed of six District Courts, six Assize Courts2
, the Administrative
Court3
, the Administrative Court of International Protection4
and the Supreme Court5
. The
process of establishing a separate Constitutional Court is ongoing. In addition, there are
family courts, rent control courts, industrial disputes courts and a military court6
. First
instance judges are appointed, transferred and promoted by the Supreme Council of
Judicature (SCJ), which is composed of all the members of the Supreme Court (the President
and 12 Justices)7
. The Prosecution Service is independent and organised under the Attorney
General of the Republic8
. The Attorney General heads also the Law Office of the Republic
which is an independent service9
assisting him, not subjected to any ministry. Cyprus
participates in the European Public Prosecutor’s Office (EPPO). The independent national bar
association has regulatory and disciplinary competence as regards its members.
Independence
The level of perceived judicial independence in Cyprus continues to be average among
both the general public and companies. Overall, 50% of the general population and 45% of
companies perceive the level of independence of courts and judges to be ‘fairly or very good’
in 202210
. According to data in the 2022 EU Justice Scoreboard, no clear trend can be
identified in the evolution of the perceived level of independence since 2016. The perceived
judicial independence among the general public has slightly increased in comparison with
2021 (48%), but it is lower than in 2016 (56%). The perceived judicial independence among
companies remains at the same level as in 2021.
The proposed appointment procedure of the judges of the future Supreme
Constitutional Court and High Court continues to raise concerns. As referred to in the
2021 Rule of Law Report11
, draft legislation was already submitted to the Parliament at the
end of 2020. The draft legislation provides that the decisions on the appointment of the
judges and the Presidents of the new courts would be solely taken by the President of the
1
CEPEJ (2021), Study on the functioning of the judicial systems in the EU Member States, p. 241.
2
The Assize Court has unlimited jurisdiction to hear and determine at first instance any criminal case.
3
Law 131 (I)/2015 on the Establishment and Function of the Administrative Court.
4
Law 73 (I)/2018 on the Establishment and Function of the Administrative Court for International Protection.
5
The Supreme Court acts as an appellate body. It also acts as a Constitutional Court.
6
Contribution from the Supreme Court of Cyprus for the 2022 Rule of Law Report.
7
Constitution of Cyprus, Art. 157.2. This constitutional provision is further elaborated in Law No. 33/64 of
the Administration of Justice, Section 10.
8
The Attorney General has the power, exercisable at his discretion in the public interest, to institute, conduct,
take over and continue or discontinue any proceedings for an offence against any person (legal or natural) in
the Republic. The Attorney General is also the legal adviser of the Republic, of the President, of the Council
of Ministers and of the Ministers individually. He performs all other functions and duties conferred on him
by the Constitution or by statutory law. See Constitution of Cyprus, Art. 112.
9
The two functions, prosecution and legal advisor are separate and operate with different staff. The Attorney
General’s representatives (Counsels of the Republic) act on his behalf and only take instructions from him.
All Counsels of the Law Office of the Republic are members of the Public Service and they are regulated by
the Public Service Law and Regulations including disciplinary procedures as all other public servants.
10
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
11
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 3.
4
Republic12
. It was also provided that an Advisory Judicial Council would be set up - different
from the Supreme Council of Judicature - responsible for preparing a list of the most suitable
candidates for appointment. However this list would not be binding on the President. The
envisaged participation of the Attorney General in the Advisory Council without voting right
is a positive development13
. In addition, the lack of a possibility for candidates to challenge a
decision of the Advisory Judicial Council, and the absence of clear pre-established criteria for
the appointments, raise concerns. On 22 September 2021, the Cypriot authorities requested an
opinion from the Venice Commission on three pending Bills reforming the Judiciary14
. On 13
December 2021, the Venice Commission made a number of recommendations regarding the
draft legislation15
, which focus on the composition of the Advisory Judicial Council and the
procedures of appointment of the judges of the two highest jurisdictions. In particular, the
Venice Commission recommended to replace the Attorney General in the composition of the
Advisory Judicial Council; to provide for a graduated recommendation by the Council to the
President; to provide that the reasons for the decisions of the Council should be made
available to applicants on request; to provide that an unsuccessful candidate should have the
right to challenge the decision of the Advisory Judicial Council, and to provide for pre-
existing, clear and transparent criteria for appointment that would be binding on the Council.
Also, the Venice Commission suggested as a further improvement that the President would
need to give reasons in writing when he takes any decision which does not follow the
recommendation of the Advisory Judicial Council. As already noted in the 2021 Rule of Law
report, it is important that the reform guarantees judicial independence, in line with EU law
and taking into account Council of Europe recommendations16
. On 7 July 2022, the
Parliament voted on the draft legislation17
.
The Reform of the Supreme Council of the Judicature raises some concerns as regards
its proposed composition. The draft legislation also contains amendments aiming at
ensuring a better representation of the justice system in the configuration of the Supreme
Council of the Judicature, currently composed of all the members of the Supreme Court.
However, as already noted by the Commission in the 2021 Rule of Law Report, it is
important that the reform of the Supreme Council of the Judicature takes into account the
12
Currently, Supreme Court Judges are appointed by the President of the Republic from the ranks of the
judiciary and upon recommendation of the Supreme Court, which the President is not obliged to follow.
However, according to an established practice, the President of the Republic follows the recommendations of
the Supreme Court, which, based on seniority, proposes the oldest judge in service for each vacancy. The
same practice applies to the appointment of the President of the Supreme Court, for which the President of
the Republic always follows the recommendation to appoint the oldest judge in service in that Court. See
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 2.
13
In the initial draft legislation, the Attorney General had a voting right.
14
The Bill entitled the Law of 2021 on the Sixteenth Amendment to the Constitution (CDL-REF(2020)091),
the Bill entitled Law amending the Laws relating to the Courts 1960 to (no 3) 2020 5 CDL-REF(2020)092)
and the Bill entitled Law amending the Regulations on the Acquisition of the Justice (Miscellaneous
Provisions) Laws of 1964 to 2015 (CDL-REF(2020)093).
15
Venice Commission opinion on three bills reforming the judiciary (CDL-AD(2021)043). The Venice
Commission made a general statement that ‘It is not in the remit of this opinion to assess the
constitutionality of the proposed reform’ (paragraphs 55 and 61).
16
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe to member
states on judges: independence, efficiency and responsibilities, paras 46-48. According to the Cypriot
authorities, the Venice Commission recommendations are now under assessment by the Ministry of Justice
and Public Order; input from Cyprus for the 2022 Rule of Law Report, p. 7.
17
The text as voted by Parliament is not yet public as the final steps of the legislative process are still ongoing
before the promulgation of the legislation by the President of the Republic.
5
Council of Europe recommendations18
. In particular, concerns have been raised that the
judicial members of the Supreme Council of the Judicature are selected by seniority and not
by their peers. In its Opinion19
, the Venice Commission recommended to replace the
Attorney General in the composition of the Supreme Council of the Judicature, unless s/he
participates without the right to vote and to consider having the judicial members elected by
their peers, instead of selecting them by seniority20
.
The proposed strengthening of the budgetary independence of the Law Office of the
Republic21 is further delayed. The adoption of the draft legislation concerning the
budgetary independence of the Law Office, remains under discussion between the Attorney
General and the Ministry of Finance since 202122
. The human resources of the Law Office
were strengthened in 2021 with the recruitment of 24 additional lawyers to handle
specifically international protection cases23
.
Quality
Cyprus has committed to reforms to address serious concerns regarding the
digitalisation of justice24, starting with the introduction of interim digital solutions.
Cyprus’ commitments in the framework of the Recovery and Resilience Facility aim at
remedying the shortcomings in the area of the digitalisation of justice, such as the very
limited online information about the judicial system available for the general public25
and the
lack of digital solutions to initiate and follow proceedings in civil, commercial and
administrative cases, as well as the use of electronic communication and tools26
. Until the
creation of a fully operational e-justice system covering all the branches of the judiciary and
all issues, including case management and information to the parties and the public, interim
solutions27
are being further developed. From 1 February 2022, all new court cases are filed
electronically. The Cyprus Bar Association has issued relevant material and proposed
adequate training to lawyers28
. In addition, on 17 September 2021 the Supreme Court issued a
court regulation29
, the ‘Electronic Justice (Electronic Communication) Procedural
Regulation’ on the handling of cases through electronic communication with the Court30
.
18
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 27. See
also: 2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, pp. 3-4.
19
Venice Commission opinion on three bills reforming the judiciary (CDL-AD(2021)043).
20
According to the Cypriot authorities, the Venice Commission recommendations are now under assessment
by the Ministry of Justice and Public Order. See: Input from Cyprus for the 2022 Rule of Law Report, p. 7.
21
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 1.
22
Information received from the representative of the Attorney General in the context of the country visit to
Cyprus. No further explanation was given on this delay.
23
Ibid. As regards the fight against corruption, see infra under section II.
24
European Commission (2022), Report on the implementation of the Recovery and Resilience Facility, p. 40.
25
Figure 41, 2022 EU Justice Scoreboard.
26
Figures 42 and 44, 2022 EU Justice Scoreboard.
27
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 4, and input from
Cyprus for the 2022 Rule of Law Report, pp. 3-4.
28
Information received from the Bar Association in the context of the country visit to Cyprus.
29
The Supreme Court can issue regulations (ordinances) on procedural issues addressed to the judiciary
including in the area of e-justice.
30
Information received from the Supreme Court and the Bar Association in the context of the country visit to
Cyprus. Furthermore, on regulating the electronic filing aspect, the Supreme Court issued on 15 January
2021, the Electronic Justice (Electronic Filing) Procedural Regulation, and meanwhile amended other
Procedural Regulations in order to facilitate the use of electronic systems.
6
An ongoing project initiated by the Director of justice Reform for the creation of an
independent Courts’ Service and the restructuring of registries aims at modernising the
management of the court system. According to the Cypriot authorities, the objective of this
project is to separate the administrative management of the courts from the judicial functions
and to establish a professional management structure to support the judiciary and to develop
strategy and plans to ensure an effective administration of justice31
. The project will be
completed by the end of December 202232
.
The Cyprus Bar Association is paying special attention to preserve the integrity of its
members. Steps have been taken to improve disciplinary mechanisms, in particular as
regards compliance with rules on Anti Money Laundering (AML). According to the Bar
Association, investigations have become more efficient through increased training activities
for members of the AML unit of the disciplinary body of the Bar Association and cooperation
with forensic fraud experts33
.
Efficiency
The justice system continues to face serious challenges as regards its efficiency34. The
time needed to resolve civil, commercial and administrative cases and other cases in first
instance courts (1087 days in 2020 compared to 882 days in in 2019) still remains among the
highest in the EU35
. Six additional judges were recruited in July 202136
to reinforce the
taskforce which has been created in 2020 focusing in particular on handling the backlog of
cases37
. In administrative38
courts at first instance, the length of proceedings increased
substantially (863 in 2020 compared to 495 days in 2019)39
and the clearance rate
experiences an important decrease (84% in 2020 compared to 170% in 2019 and to 219% in
2018)40
.
The new rules of civil procedure41 are expected to have a positive impact on the general
efficiency of the justice system, including in reducing backlogs42. The new rules should
31
Contribution of the Congress of the Conference of European Constitutional Courts for the 2022 Rule of Law
Report, p. 10. The project is supported by the Council of Europe. See also Council of Europe, ‘Call for
tenders for the provision of consultancy in the area of courts management …in Cyprus’.
32
Information received from the Ministry of Justice and Public Order in the context of the country visit to
Cyprus.
33
Contribution of the Cyprus Bar Association for the 2022 Rule of Law Report, p. 3; Information received
from the Bar Association in the context of the country visit to Cyprus and Contribution of the Council of
Bars and Law Societies of Europe (CCBE) for the 2022 Rule of Law Report, p. 20.
34
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 5.
35
Figure 6, 2022 EU Justice Scoreboard.
36
Input from Cyprus for the 2022 Rule of Law Report, p. 5.
37
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 5.
38
Administrative final court decisions are often not complied with; after annulment the Administration often
comes back with the same decision. Contribution from the Cyprus Bar Association for the 2022 Rule of Law
Report, p. 6.
39
Figure 9, 2022 EU Justice Scoreboard.
40
Figure 13, 2022 EU Justice Scoreboard. The Supreme Court did not give any explanation in the context of
the country visit for this situation.
41
The rules of civil procedure have been approved by the Supreme Court on 19 May 2021 (there is no need for
further legislation). See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p.
5.
42
Within the framework of the Recovery and Resilience Plan, a commitment has been undertaken for the
reduction in the backlog of cases and appeals pending for over two years before the Districts Courts and the
7
ensure that the timelines for trials will be planned from the outset, while the procedures will
become more flexible and efficient. This aims at addressing the problem of continuous
postponements, which currently unnecessarily prolong the length of proceedings and raise
legal costs43
. Among the key innovations is that the judges (and not anymore the parties44
)
have the main responsibility for structuring the debates during civil proceedings. Other such
innovations are that a number of EU civil law instruments are incorporated45
and that e-
justice is introduced in all procedures. A commitment has been undertaken by the Supreme
Court for the implementation of the new rules of civil procedure for the new cases submitted
to the courts as from 1 September 202346
. This timeline allows for training of stakeholders,
including judges and lawyers. The Commission in cooperation with the Council of Europe
supported the Cypriot authorities in preparing the ground for the implementation of the new
rules through training offered to all key stakeholders (judges, lawyers, court registrars) held
between September and December 202147
. Training continues with actions planned until
202548
; the Bar Association is actively involved in this area49
.
Laws establishing two new Courts have been adopted. The two bills50
concerning the
establishment of a Commercial and Admiralty Court51
were adopted on 12 May 202052
, to
provide appropriate jurisdictions for the determination of high profile commercial cases and
admiralty cases53
. In addition, the draft legislation which was voted on 7 July also provides
for the establishment of a Court of Appeals54
.
II. ANTI-CORRUPTION FRAMEWORK
In February 2022, the institutional framework for anti-corruption was improved with the
establishment of a National Anti-corruption Authority. The implementation of the Action
Plan against Corruption (2021-2026) continues under the monitoring of the Office of
Transparency and Prevention of Corruption. The Attorney General maintains the overall
Supreme Court - by 20% from the 31 December 2020 level and by 40% from the 31 December 2020 level.
To this end, an action plan is now being prepared with specific annual targets. Input from Cyprus for the
2022 Rule of Law Report, p. 5.
43
Speech of Mrs Stephie Dracos, CY Minister of Justice during the final Conference for the Official
Completion of the Project for the modernisation of the Civil Procedure Rules on 8 December 2021 organised
by the Supreme Court in cooperation with the European Commission and the Council of Europe.
44
‘Rules of Civil Procedure’, part 3; published in the website of the Supreme Court of Cyprus.
45
Regulation (EC) No 1896/2006, creating a European order for payment procedure, Regulation (EC) No
861/2007 establishing a European Small Claims Procedure and Directive 2008/52/EC on certain aspects of
mediation in civil and commercial matters.
46
Input from Cyprus for the 2022 Rule of Law Report, p. 5.
47
Final Conference for the Official Completion of the Project for the modernisation of the Civil Procedure
Rules on 8 December 2021.
48
Information received from the Director of Reform and Training in the context of the country visit to Cyprus.
49
Information received from the Bar Association in the context of the country visit to Cyprus. In more general
terms, Cyprus’ Resilience and Recovery Plan includes an investment to train judges on various legal topics
and judicial skills to address lifelong learning needs; see European Commission (2022), Report on the
implementation of the Recovery and Resilience Facility, 2022, p. 41.
50
2020 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 5.
51
Until now, the Supreme Court had the main jurisdiction together with the District Courts to act as an
Admiralty Court to determine maritime claims. See Courts of Justice Law, No 14/1960, article 19 and 22B.
52
Establishment and Operation of Commercial Court and Admiralty Court Act 2022, Law 108 of 12/05/2022.
Information received from the Rule of Law Contact Point on 17 May 2022.
53
Input from Cyprus for the 2022 Rule of Law Report, p. 7.
54
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p.4.
8
competence to prosecute criminal offences, including corruption, and continues to provide
legal advice to law enforcement authorities investigating corruption offences.
The perception among experts and business executives is that the level of corruption in
the public sector remains relatively high. In the 2021 Corruption Perceptions Index by
Transparency International, Cyprus scores 53/100 and ranks 15th
in the European Union and
52nd
globally55
. This perception has deteriorated over the past five years56
. The 2022 Special
Eurobarometer on Corruption shows that 94% of respondents consider corruption widespread
in their country (EU average 68%) and 57% of respondents feel personally affected by
corruption in their daily lives (EU average 24%)57
. As regards businesses, 92% of companies
consider that corruption is widespread (EU average 63%) and 78% consider that corruption is
a problem when doing business (EU average 34%)58
. Furthermore, 29% of respondents find
that there are enough successful prosecutions to deter people from corrupt practices (EU
average 34%)59
, while 8% of companies believe that people and businesses caught for bribing
a senior official are appropriately punished (EU average 29%)60
.
The Parliament passed the law for the establishment of the National Anti-corruption
Authority in February 2022, however, the Authority is not yet fully operational. By
law61
, the Authority is responsible for transparency and prevention of corruption in both the
public and private sectors62
. The operational establishment of the Authority, which was
expected to be operational since 1 July 2022, started with the appointment of the members of
the board by the President of Cyprus on 3 May 202263
, and the allocation of financial and
technical resources. However, the selection of the specialised investigative staff remains
pending, which is needed to achieve the full operability of the Authority. In addition, the
Ombudsperson is competent alongside others64
to monitor the good functioning of the public
administration and can also receive complaints regarding maladministration linked to
possible public sector corruption. In this case, the outcome of the investigation will be sent to
the Attorney General Office to examine the possible criminal offences. However, in the past
55
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between
59-50), high (scores below 50).
56
In 2017 the score was 57, while, in 2021, the score is 53. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
57
Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption
perception and experience is updated every second year. The previous data set is the Special Eurobarometer
502 (2020).
58
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
59
Special Eurobarometer 523 on Corruption (2022).
60
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
61
‘Setting up the Anticorruption Authority’, Law 19(1)2022 of 17 February 2022.
62
See written contribution received from the Office of Transparency and Prevention of Corruption of the
Ministry of Justice and Public Order in the context of the country visit to Cyprus, p. 2. For the year 2022, the
Authority will be allocated a budget estimated between EUR 700 000 and EUR 800 000.
63
Letter of the Attorney General of 9 May 2022 addressed to the Commission.
64
See infra section IV.
9
years the Ombudsperson has not received any substantiated reports directly connected to
corruption65
.
The strategic anti-corruption framework continues to be implemented, with additional
resources allocated to the controlling bodies. In 2021, 26 additional officers were
appointed to the control units of public institutions66
, who will receive training on corruption-
risk management as well as a manual of procedures67
. In 2021, the Internal Audit Service
structure expanded to a total of 15 units (from the seven previously existing entities)68
, while
its budget of EUR 300 000 remains unchanged compared to previous years69
. A new Internal
Audit Manual for the Internal Audit Service is under preparation70
. The Government is still
working on developing a strategy for the rotation of civil servants more exposed to risk of
corruption71
. A EUR 2 million fund is made available to cover, at different percentages per
type of entity, the costs required by public and private organisations to obtain the certification
of the anti-bribery standard72
.
The prosecution authorities continue to improve their capacity, although results
regarding high-level corruption cases are lacking. The adoption of the draft legislation
concerning the budgetary independence of the Attorney General, remains under discussion
between the Attorney General and the Ministry of Finance since 202173
. Since 2021, a total
of 42 new lawyers were recruited by the Attorney General office74
, although 46 additional
positions still remain vacant75
. At the beginning of 2022, an anti-corruption taskforce was
created under the competence of the Attorney General office, with specialised officers from
relevant institutions (such as the National Law Office, the Anti-money Laundering Unit, and
the Police, in addition to ad-hoc experts from other entities)76
. The Financial Crime
65
Information received from the Ombudsperson in the context of the country visit.
66
Notably in the Ministries of Defence, Agriculture, Environment, Justice and Public Order, Industry, Foreign
Affairs and Health. Information received from the Office of Transparency and Prevention of Corruption of
the Ministry of Justice and Public Order in the context of the country visit.
67
Input from Cyprus for the 2022 Rule of Law Report, p. 14.
68
Information received from the Office of Transparency and Prevention of Corruption of the Ministry of
Justice and Public Order in the context of the country visit.
69
Information received from the Office of Transparency and Prevention of Corruption of the Ministry of
Justice and Public Order in the context of the country visit.
70
Input from Cyprus for the 2022 Rule of Law Report, p. 14.
71
To that end, specific recommendations were made to all Ministries, Deputy Ministries, Independent Offices,
Departments and Services. The rotation arrangements are expected to be addressed to the Department of
Public Administration and Personnel in the end of August 2022. See also, input from Cyprus for the 2022
Rule of Law Report, p. 15.
72
Information received from the Office of Transparency and Prevention of Corruption of the Ministry of
Justice and Public Order in the context of the country visit. At the end of 2020, the Council of Ministers
launched a national integrity programme based on the International Organisation for Standardisation’s (ISO)
standard on anti-bribery management system. 2021 Rule of Law Report, Country Chapter on the rule of law
situation in Cyprus, p. 6.
73
See above p. 5.
74
Including three senior public prosecutors, three investigators, 13 supporting public prosecutors, in addition
to the three officers who were reassigned from the Law Office of the Republic. Information received from
the Office of the Attorney General in the context of the country visit.
75
In the course of 2021 and 2022, the Attorney General’s Office has recruited and promoted also permanent
legal personnel, including 10 senior counsels of the Republic, 14 counsels, 3 senior public prosecutors, 13
public prosecutors, 2 senior and 5 regular anti-money laundering officers, in order to enhance human
resources. Information received from the Office of the Attorney General in the context of the country visit.
76
See written contribution received from the Office of the Attorney General in the context of the country visit,
p. 3.
10
Investigation Office of the Police has been further reorganised into two branches (namely the
Financial Crime Branch and the Financial Investigations Branch), and four new accountants
were recruited in 202177
. Eight multi-jurisdiction cases on embezzling European Union funds
remain pending for investigation78
. Despite these enhanced efforts and resources, there are
still no results on the adjudication of high-level cases of corruption79
.
The legislative framework on lobbying has become more robust, while the approval of
an additional act on asset declarations remains pending. The Law on the transparency of
lobbying entered into force in February 202280
, except for the sections 6 and 7 of the Law (on
the sanctions and penalties, respectively), which will enter into force in January 202381
. The
law creates a public register on lobbying activities, monitored by the newly established
national Anticorruption Authority82
. Despite declaration of assets for some high-ranking
officials, such as members of the Parliament and the President of the Republic being
regulated, this is not the case for all elected officials and other civil servants. A draft bill on
assets declaration of elected and other civil servants aims to modernise the relevant legal
provisions to make them more effective. The bill remains pending before the Parliamentary
Committee since 2021, but is expected to be submitted before the plenary of the House of
Representatives by the end of 202283
. The existing asset declaration requirement for members
of the Parliament does not cover all forms of assets above a certain threshold, including
immovable property such as vehicles. Furthermore, the effectiveness of the verification
mechanism has been questioned84
. While the law on political parties85
was evaluated
positively by GRECO86
, the data on the implementation of the asset disclosure mechanism
continues to be lacking, thus the concerns set out in the previous two years’ Rule of Law
reports remain unaddressed87
.
While the implementation of provisions on conflict of interest for members of
Parliament continues, no progress was made concerning similar provisions for the
77
Input from Cyprus for the 2022 Rule of Law Report, p. 9.
78
Input from Cyprus for the 2022 Rule of Law Report, p. 10. Furthermore, three requests received through the
EPPO concerning criminal cases investigated by other Member States were executed in 2021 by the Office
for the Execution of European Orders and Requests for Judicial Assistance. See written contribution from
the Law Office of the Republic in the context of the country visit, p. 2.
79
Information received from the Office of the Attorney General in the context of the country visit. 2021 Rule
of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 7.
80
Law n. 20(I) of 2022 ‘On transparency in public decision-making and related matters’.
1) This Law shall enter into force on the date of entry into force of the Law on the Establishment and
Operation of an Independent Authority against Corruption. (2) Subject to the provisions of subsection (1),
Part VI and Part VII shall enter into force on 1 January 2023.
82
Information on such contacts as well as its content and purposes, shall be officially recorded and be publicly
available. See written contribution received from the Law Office of the Republic in the context of the
country visit, pp. 2-3.
83
See written contribution from the Parliament in the context of the country visit, p. 2; Input from Cyprus for
the 2022 Rule of Law Report, p. 11. See also the 2021 Rule of Law Report, Country Chapter on the rule of
law situation in Cyprus, p.7.
84
GRECO Fourth Evaluation Round - Second Compliance Report Cyprus, p. 5-6.
85
The Political Parties law n.175 (Ι) of 2012.
86
In the context of its Third Evaluation Round. See the Addendum to the Second Compliance Report on
Cyprus in the context of the GRECO Third Evaluation Round – Second Compliance Report , para. 24, p. 5:
‘with respect to Theme II – Transparency of Party Funding, all recommendations have been implemented
satisfactorily’.
87
2020 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 8 and 2021 Rule of
Law Report, Country Chapter on the rule of law situation in Cyprus, p. 9.
11
public service as a whole. The compliance of members of Parliament with their Code of
Conduct, adopted in February 2021, is monitored by a Parliamentary Committee88
. In 2021,
there were 21 cases examined on conflicts of interest, and three cases in 202289
. In 2021, four
complaints concerned misconduct of members of Parliament, and in one case an oral
reprimand was issued. Although some rules on conflicts of interest in the public service exist
in different laws, no progress was made concerning the design of a single regulation on
conflict of interest for all State officials90
.
The legislation on whistleblower protection was adopted by the Parliament and entered
into force in February 202291. The legislation92
aims at transposing the EU Directive on
whistleblower protection93
and at providing for supplementary protection to persons reporting
acts of corruption both in the public and the private sectors94
, with sanctions reduced for
individuals that cooperate with the police95
.
The implementation of ethics provisions for the police and the judiciary continued over
the past year. In 2021, the Police internal affairs service (PIAS)96
received 101 reports of
crimes allegedly committed by police officers. Seventeen cases were investigated (with no
evidence found of crime), and three cases remain pending. Ethical conduct is part of police
officers’ annual appraisal, as per the code of police ethics, and recruits receive related
training97
. In 2021, there were 83 disciplinary procedures opened, which resulted in 43
decisions with sanctions (either a fine or a reprimand) issued by the Chief of Police98
. The
number of cases received by the Investigation of Allegations and Complaints against the
Police (IAIACAP) increased in recent years. The budget of IAIACAP increased in 2021 up to
EUR 322 00099
. Furthermore, members of the judiciary attend a compulsory annual training
on ethics organized by the Director of Judicial Reform and Training100
.
88
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 8.
89
See written contribution from the Parliament in the context of the country visit, p. 1.
90
See written contribution from the Ministry of Foreign Affairs in the context of the country visit, p. 1.
91
However, legal entities of the private law, with a staff of 50 to 249 members, have until 17 December 2023
to establish internal channels for whistleblowers.
92
Protection of persons who have reported infringements of EU and national law, law number 6(I) of 2022,
published in the national Gazette on 4 February 2022.
93
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (OJ L 305), p. 17.
94
The new law is combined with the Protection of Witnesses Law 95(I)/2001. Information received from the
Office of Transparency and Prevention of Corruption of the Ministry of Justice and Public Order in the
context of the country visit.
95
The maximum penalty is half of the one provided for the offence. Information received from the Office of
Transparency and Prevention of Corruption of the Ministry of Justice and Public Order in the context of the
country visit.
96
The directorate of professional standards and inspection is responsible for disciplinary matters, and performs
regular checks on police officers. PIAS has a staff of 21 police officers, and an annual budget of around
EUR 80 000. In addition to specific risk testing and investigations, PIAS officers deliver anticorruption
training to members of the police. The Professional Standards and Inspection Directorate of the Police is
responsible for disciplinary matters of police officers. Information received from the PIAS in the context of
the country visit.
97
Information received from the Police internal affairs service in the context of the country visit.
98
Ibid.
99
Compared to EUR 280 000 allocated in 2018, EUR 308 000 in 2019 and EUR 317 000 for 2020. Input from
Cyprus for the 2021 Rule of Law Report, p. 9.
100
Information received from Director of Judicial Reform and Training in the context of the country visit to
Cyprus.
12
Some action was taken regarding Cyprus’ investor citizenship scheme. The European
Commission has frequently raised its serious concerns about investor citizenship schemes and
certain risks, including corruption that are inherent in such schemes101
. The infringement
procedure launched in October 2020102
concerning Cyprus’ scheme is ongoing. The investor
citizenship scheme was phased out as of November 2020103
with pending applications having
been handled until 30 July 2021104
. The deprivation of nationality previously granted to 45
individuals under the investor citizenship scheme proposed by the authorities is currently
under review by the Independent Committee. However, the legal framework of the scheme
remains in force105
.
Initiatives previously established for the prevention of corruption-risk during the
COVID-19 pandemic remained in place. The automated control mechanism on the
recipients of COVID-related subsidies, created by the Ministry of Labour, Welfare and Social
Insurance, continued to be operational, paired with the price limitation for the medicines and
medical devices already in place in 2021106
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
In Cyprus, freedom of expression and the right of access to information find legal and formal
protection in the Constitution. Secondary legislation expressly ensures protection of
journalistic sources, fosters media pluralism in the radio and television sector, enshrines the
formal independence of the media regulator and details the right of access to public sector
information. The government has tabled a Law on the safeguarding of freedom of the press
and the operation of the media107
.
In December 2021, Cyprus adopted the Radio and Television Organizations
(Amendment) Law and the Cyprus Broadcasting Corporation (Amendment) Law.
These Amending Laws, adopted with a view to aligning Cypriot legislation with the new
Audiovisual Media Service Directive108
, expressly declare the independence of the regulator
for audio-visual media services, the Cyprus Radio Television Authority (CRTA), by
expressly stipulating that the Authority shall be functionally and effectively independent.
101
As mentioned in the EU Commission's report of January 2019 (COM(2019) 12 final), those risks relate in
particular to security, money laundering, tax evasion and corruption and the Commission has been
monitoring wider issues of compliance with EU law raised by investor citizenship schemes. As regards
investors citizenship scheme in Cyprus see 2021 Rule of Law Report, Country Chapter on the rule of law
situation in Cyprus, p. 7.
102
European Commission (2020), Press Release of 20 October 2020, ‘Investor citizenship schemes: European
Commission opens infringements against Cyprus and Malta for “selling” EU citizenship’.
103
‘Cyprus Investment Programme’ (CIP). Written contribution from the Ministry of Interior in the context of
the country visit, p. 1.
104
The Inquiry Commission that was launched in 2020 (see 2021 Rule of Law Report, Country Chapter on the
rule of law situation in Cyprus, p.7) has submitted its conclusions to the Attorney General in June 2021.
105
Following Russia’s invasion of Ukraine, the Commission also called on Member States operating an investor
citizenship scheme to repeal it immediately and to assess the possibility to revoke such naturalisations
previously granted to certain Russian and Belarusian individuals (see Commission recommendation on
immediate steps in the context of the Russian invasion of Ukraine in relation to investor citizenship schemes
and investor residence schemes (C(2022) 2028 final)). Cyprus has initiated the process of deprivation of
Cypriot nationality for eight investors and 28 family members subject to EU restrictive measures.
106
Input from Cyprus for the 2022 Rule of Law Report, p. 14.
107
Cyprus ranks 65th in the 2022 Reporters without Borders World Press Freedom Index compared to 26th in
the previous year.
108
Directive (EU) 2018/1808 of 14 December 2018 concerning the provision of audiovisual media services.
13
While the Media Pluralism Monitor109
maintains an overall low risk score for the
independence of the media regulator, it flags the unclear selection criteria for the appointment
of members by the government and a lack of sufficient transparency about its operation as
issues of some concern.
The regulatory framework relating to transparency of media ownership in the audio-
visual media sector has been somewhat strengthened. The Radio and Television
Organisations Law as amended in December 2021 addresses the gaps previously identified in
the 2020 and 2021 Rule of Law reports110
by obliging all media service providers under the
jurisdiction of the Republic to make accessible to the CRTA information concerning their
ownership structure, including the beneficial owners111
. However, the Media Pluralism
Monitor112
- highlighting the fact that these transparency rules apply exclusively to broadcast
media, which makes determining cross-ownership in the sector very hard - rates the area as a
high risk one. Furthermore, MPM concludes that this lack of clarity does not permit a proper
understanding of news media concentration in the country which is, consequently, also rated
as high risk113
.
State advertising remains largely unregulated in law, but a set of guidelines have been
elaborated. The Cypriot Ministry of Interior has adopted a set of guidelines114
geared at
establishing a framework for the implementation of awareness raising and on advertising
campaigns performed by the government’s press and information office with a view to
enhancing the transparency and foreseeability of the process. Though the impact of the
recently adopted guidelines was not taken into account in its analysis, the Media Pluralism
Monitor slightly raised the risk level for this area ‘due to the general uncertainties and the
lack of transparency surrounding the allocation of state resources’115
.
While the Law on the Cyprus Broadcasting Corporation (CyBC)116 lays down rules on
the governance and financing of the CyBC, several weaknesses have been identified. The
Law provides that the Chairperson, Vice-Chairperson and the members of the Governing
Board shall be appointed by the Council of Ministers for a three-year period. The Governing
Board decides on the appointment of the Director-General, a decision which is subject to
approval by the Council of Ministers. The Council of Ministers may dismiss the entire Board
or individual members thereon. While no criteria or incompatibility criteria regarding the
appointment of the Governing Board are laid down in the above-mentioned law, the Law on
Certain Legal Persons of Public Law117
provides that academic and other qualifications,
experience, social activity and contribution to society are taken into account for appointments
in general. This leads the Media Pluralism Monitor to conclude that the fact that the criteria
regulating the appointment of the governing board are broad is ‘exploited by the government
as well as by political parties’118
. Furthermore, given that the dismissal of public law bodies
109
2022 Media Pluralism Monitor, country report for Cyprus p. 11
110
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 10 and 2020 Rule of
Law Report, Country Chapter on the rule of law situation in Cyprus, p. 9.
111
Article 30A.
112
2022 Media Pluralism Monitor, country report for Cyprus, p. 12-13.
113
Ibid.
114
Adopted on 1 March 2022.
115
2022 Media Pluralism Monitor, country report for Cyprus, p.16.
116
‘Law on the Cyprus Broadcasting Corporation’, Chapter 300A, last amendment in 2021, 196/I/2021.
117
‘Law on Certain Legal Persons of Public Law’ (Appointment of Governing Councils), Law 149/1988.
118
2022 Media Pluralism Monitor, country report for Cyprus, p. 16.
14
in Cyprus occurs when a new President of the Republic is elected, can be seen as particularly
problematic in the case of public service media. In the light of the fact that the law stipulates
that state financing shall be the main revenue permitted for CyBC, the Media Pluralism
Monitor highlights that this permits significant state and political party influence on CyB’s
operations119
No safeguards or procedures exist for evaluating the fulfilment of CyBC’s role.
For all these reasons, the Media Pluralism Monitor considers the independence and funding
of public service media to be an area presenting high risk120
. A modernisation of the Law on
the Cyprus Broadcasting Corporation as well as of the rules regulating the employment
conditions of the organisation are being considered by the authorities121
.
A law aimed at providing a legal framework for press freedom has been tabled by the
Government. The draft Law on the Safeguarding of Freedom of the Press and the Operation
of the Media in the Republic of Cyprus122
, if adopted, would introduce provisions relating to
electronic media, enshrine a code of practice in law and contain provisions geared at
safeguarding the safety of journalists and other media workers. The Council of Europe’s
Platform to promote the protection of journalism and safety of journalists had published one
alert since the publication of the 2021 Rule of Law Report, relating to the Republic of
Cyprus. It concerned the violent attack on the offices of a television station during protests
against newly introduced measures against the COVID-19 pandemic and mandatory
vaccination. The attack was strongly condemned by the authorities and an investigation was
promptly opened123
.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
The Republic of Cyprus is a presidential representative republic. The President of Cyprus is
both Head of State and Head of Government. The House of Representatives is the Parliament,
which is vested with legislative power. Both representatives and ministers have the right of
legislative initiative. Until the creation of a Supreme Constitutional Court, the Supreme Court
is competent to assess the constitutionality of laws in the context of specific cases brought
before it124
. There are a number of national independent authorities, organisations and
institutions that aim to protect and safeguard human rights.
On 1 January 2022, Cyprus had 10 leading judgments of the European Court of Human
Rights pending implementation125. At that time, Cyprus’ rate of leading judgments from the
past 10 years that remained pending was at 71% and the average time that the judgments had
119
Ibid.
120
Ibid.
121
Ibid.
122
Information received from the Ministry of Interior in the context of the country visit.
123
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Cyprus, Alert
150/2021.
124
The creation of a Constitutional Court that will take over the constitutionality review of laws from the
Supreme Court is planned (see Section I). Input from Cyprus for the 2021 Rule of Law Report and 2021
Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 11.
125
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
15
been pending implementation was 2 years and 7 months126
. The oldest leading judgment,
pending implementation for 9 years, concerns the lack of remedy with automatic suspensive
effect in deportation proceedings and absence of speedy review of lawfulness of detention127
.
On 1 July 2022, the number of leading judgments pending implementation remains 10128
.
Public consultation often does not take place at a sufficiently early stage of draft
legislation and sometimes does not occur at all; however, efforts have been made to
improve the quality of legislation. As mentioned in the 2021 Rule of Law Report, open
public consultation on pieces of legislation rarely takes place129
. According to civil society
organisations, the consultation process with civil society established as a practice130
for some
years – in the absence of a formal institutional framework – has been abandoned in the last
two years or became a mere procedural formality131
. However, with regard to the quality of
legislation more generally, in September 2021 the Government adopted a policy framework
accompanied by an action plan132
aiming at simplifying legislation and with the purpose to
reduce the administrative burden on citizens and businesses, modernising the public
administration procedures and reducing bureaucracy. Through the action plan, which will be
updated on a regular basis, the competent services would also promote different actions
including better legislation and impact assessments of new legislative proposals133
.
A re-evaluation of the status of accreditation of the Ombudsperson (Commissioner for
Administration and the Protection of Human Rights) will take place in October 2022134.
In June 2021 the Global Alliance of Human Rights Institutions (GANHRI) Sub-Committee
on Accreditation decided to defer the re-accreditation application of the Ombudsperson for 18
months135
. Specifically, GANHRI acknowledged the efforts made by the Commissioner to
address its previous recommendations via her activities since its 2015 review136
and
encouraged the Commissioner to continue her efforts to promote and protect all human rights,
as well as to strengthen the institutional framework and effectiveness. GANHRI noted,
126
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 34.
127
Judgment of the European Court of Human Rights of 23 July 2013, M.A. v. Cyprus, 41872/10, pending
implementation since 2013. Cypriot authorities notified the Committee of Ministers of the Council of Europe
on measures taken by Cyprus for the execution of the judgment as of September 2021. The decision of the
Committee of Ministers of the Council of Europe is still pending.
128
Data according to the online database of the Council of Europe (HUDOC).
129
2021 Rule of Law Report, Country Chapter on the rule of law situation in Cyprus, p. 11.
130
Including the commitment taken in the context of the Better Regulation Project and the respective circulars
of the Ministry of Finance and the Law Office of the Republic. See: 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Cyprus, p. 11, 2020 Rule of Law Report, Country Chapter on the rule
of law situation in Cyprus, p. 10 and OECD (2019), Indicators of Regulatory Policy and Governance –
Cyprus.
131
Contribution from KISA (Action for Equality, Support, Antiracism) for the 2021 Rule of Law Report, p. 20.
See also written contribution received from the Cyprus Integrity Forum in the context of the country visit to
Cyprus, p. 1.
132
Decision No. 90.126/2021. Input from Cyprus for the 2022 Rule of Law Report, p. 21.
133
Ibid.
134
Information received from the Ombudsperson in the context of the country visit to Cyprus. The CY
Ombudsperson is accredited with B-status by the GANHRI. 2020 Rule of Law Report, Country Chapter on
the rule of law situation in Cyprus, p. 11.
135
Global Alliance of Human Rights Institutions, Sub-Committee on Accreditation, Report on Cyprus, June
2021, pp. 34-37, https://ganhri.org/wp-content/uploads/2021/08/EN-SCA-Report-June-2021.pdf.
136
Global Alliance of Human Rights Institutions (2015), Sub-Committee on Accreditation, Report on Cyprus,
pp. 7-10.
16
among others, that Ombudsperson’ Institution receives appropriate financial and technical
resources to discharge its mandate and has management and control of its budget. GANHRI
also reiterated specific recommendations regarding the Cyprus’ Ombudsperson: on the
formalisation of the selection and appointment procedures, on the pluralism in the
composition of the Commissioner’s office, on tenure and her mandate. On the issue of
representativeness, the Ombudsperson underlined that the Institution tries to ensure a large
representation of the society137
. Between 2020 and 2021, the Ombudsperson received 2 500
complaints of which 600 were considered unfounded. According to the Ombudsperson, the
large majority of the opinions based on these complaints has been implemented by the public
administration138
. In addition, the Ombudsperson promotes a Rule of Law culture by
regularly organising awareness campaigns and regular interventions to end maladministration
and human rights violations. In addition, the Ombudsperson has been conducting since March
2021 an awareness campaign in relation to the COVID-19 pandemic and the protection of
human rights139
.
Efforts are being made to improve communication between civil society organisations
and public authorities, while judicial proceedings are still ongoing regarding the
registration and operation of an NGO. The civil society space is considered to be open140
.
An ongoing project from the Ministry of Interior concerns the creation of a new platform to
facilitate communication of the associations and other non-governmental organisations
(NGOs) and state institutions with the relevant governmental services namely the Ministry of
Interior. The purpose is to help them to fulfil their legal obligations, including registration
procedures, and better access to fund raising141
. The platform is scheduled to become fully
operational in August 2022142
. As regards the issue of the de-registration of certain NGOs
referred to in the 2020 and 2021 Rule of Law Reports143
, on 8 January 2021, after several
unsuccessful administrative appeals, one NGO (KISA, Action for Equality, Support,
Antiracism) filed an appeal before the Administrative Court144
against the decision of the
Minister of Interior rejecting its request for dissolution due to non-compliance with the
provision with the new law145
. The Administrative Court rejected the appeal on 10 June 2021
137
The Ombudsperson underlined that 70% of the Institution’s staff are women and 10% of the posts are
reserved for persons with disabilities in line with the GANHRI recommendation. In addition, in 2020-2021,
four new staff members have been recruited and six additional vacant positions are set to be filled in 2022.
Information received from the Ombudsperson in the context of the country visit.
138
Information received from the Ombudsperson in the context of the country visit to Cyprus.
139
A special page was created on the website of her Office with links to all the necessary information about the
COVID-19 pandemic and its impact on fundamental rights in general. Ibid and input from Cyprus for the
2022 Rule of Law Report, p. 31 and p. 37. See also website of the Ombudsperson:
http://www.ombudsman.gov.cy/ombudsman/ombudsman.nsf/index_en/index_en?opendocument.
140
Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed
and closed.
141
Input from Cyprus for the 2022 Rule of Law Report, p. 29.
142
Information received from the Ministry of Interior in the context of the country visit to Cyprus.
143
2020 Rule of law Report, Country Chapter on the rule of law situation in Cyprus, p. 11 and 2021 Rule of law
Report, Country Chapter on the rule of law situation in Cyprus, p. 12.
144
KISA is the only NGO which appealed before the Administrative Court against the administrative decision
to refuse the registration of the organisation. Information received from KISA and the Cyprus Integrity
Forum in the context of the Country visit to Cyprus. See also Franet (2022), Country research - Legal
environment and space of civil society organisations in supporting fundamental rights - Cyprus, pp. 10-11.
145
Observatory for the Protection of Human Rights Defenders of the World Organisation Against Torture,
Report November 2021, p. 42.
17
on the grounds that the organisation did not fulfil the registration criteria146
. That decision is
now under appeal before the Supreme Court147
.
146
Decision of the Administrative Court of 10 June 2021 in the case 25/2021. See Cyprus Bar Association
website, www.cyprusbarassociation.org.
147
Information received from KISA in the context of the country visit to Cyprus.
18
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2021 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Administrative Court, Decision of 10 June 2021, 25/2021.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country
report on Cyprus.
CEPEJ (2021), Study on the functioning of the judicial systems in the EU Member States.
Civicus (2022), Monitor tracking civic space - Cyprus https://monitor.civicus.org/country/cyprus/.
Congress of the Conference of European Constitutional Courts (2022), Contribution of the Congress
of the Conference of European Constitutional Courts for the 2022 Rule of Law Report.
Council of Bars and Law Societies of Europe (CCBE), Contribution of the Council of Bars and Law
Societies of Europe for the 2022 Rule of Law Report.
Council of Europe, ‘Call for tenders for the provision of consultancy in the area of courts management
in Cyprus’.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Cyprus https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.
Council of Europe: Venice Commission (2021), Opinion on three bills reforming the judiciary in
Cyprus (CDL-AD(2021)043).
Cyprus Bar Association (2022), Contribution from the Cyprus Bar Association for the 2022 Rule of
Law Report.
Cyprus Integrity Forum (2022), Written contribution from the Cyprus Integrity Forum for the 2022
Rule of Law Report in the context of the country visit.
Cypriot Government (2021), Decision No. 90.126/2021.
Cypriot Government (2022), Input from Cyprus for the 2022 Rule of Law Report.
Cypriot Parliament (2022), Written contribution from the Parliament for the 2022 Rule of Law Report
in the context of the country visit.
Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters.
Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions
laid down by law, regulation or administrative action in Member States concerning the provision of
audiovisual media services (Audiovisual Media Services Directive) in view of changing market
realities.
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
Directorate-General for Communication (2019), Flash Eurobarometer 482: businesses' attitudes
towards corruption in the EU.
Directorate-General for Communication (2020), Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
19
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Cyprus.
European Commission (2020), Press release ‘Investor citizenship schemes: European Commission
opens infringements against Cyprus and Malta for “selling” EU citizenship’.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Cyprus.
European Commission (2022), EU Justice Scoreboard.
European Commission (2022), Recommendation of 28 March 2022 on immediate steps in the context
of the Russian invasion of Ukraine in relation to investor citizenship schemes and investor residence
schemes (C(2022) 2028 final).
European Commission (2022), Report on the implementation of the Recovery and Resilience Facility.
European Court of Human Rights, judgment of 23 July 2013, M.A. v. Cyprus, 41872/10.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Franet, University of Nicosia and Symfiliosi (2022), Country research - Legal environment and space
of civil society organisations in supporting fundamental rights – Cyprus, Vienna, EU Agency for
Fundamental Rights https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related.
GRECO (2018), Third Evaluation Round – Addendum to the Second Compliance Report on Cyprus
on incriminations and transparency of party funding.
GRECO (2020), Fourth Evaluation Round – Second Compliance Report on Cyprus on corruption
prevention in respect of members of parliament, judges and prosecutors.
Global Alliance of Human Rights Institutions (2015), Report and Recommendations of the Session of
the Sub-Committee on Accreditation https://ganhri.org/wp-content/uploads/2019/11/SCA-FINAL-
REPORT-NOVEMBER-2015-English.pdf.
KISA - Action for Equality, Support, Antiracism (2022), Contribution from KISA for the 2022 Rule of
Law Report.
Law Office of the Republic (2022), Written contribution from the Law Office of the Republic for the
2022 Rule of Law Report in the context of the country visit.
Ministry of Foreign Affairs (2022), Written contribution from the Ministry of Foreign Affairs for the
2022 Rule of Law Report in the context of the country visit.
Ministry of Interior (2022), Written contribution from the Ministry of Interior for the 2022 Rule of
Law Report in the context of the country visit.
Ministry of Justice and Public Order (2022), Written contribution from the Ministry of Justice and
Public Order for the 2022 Rule of Law Report in the context of the country.
OECD (2019), Indicators of Regulatory Policy and Governance – Cyprus
https://www.oecd.org/gov/regulatory-policy/indicators-of-regulatory-policy-and-governance-2019-
cyprus.pdf.
Observatory for the Protection of Human Rights Defenders (2021), Europe: Open season on
solidarity – A study on the patterns of criminalization of solidarity through the voices of migrants’
rights defenders https://www.omct.org/site-resources/legacy/Europe-Open-Season-on-
Solidarity_2021-11-15-150546_kuut.pdf.
Office of the Attorney General (2022), Written contribution from the Attorney General for the 2022
Rule of Law Report in the context of the country visit.
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Office of the Attorney General (2022), Letter of the Attorney General of 9 May 2022 addressed to
the European Commission.
Regulation (EC) No 1896/2006 creating a European order for payment procedure.
Regulation (EC) No 861/2007 establishing a European Small Claims Procedure.
Reporters without Borders – Cyprus https://rsf.org/en/country/cyprus.
Supreme Court of Cyprus (2021), Final Conference for the Official Completion of the Project for the
modernisation of the Civil Procedure Rules on 8 December 2022
http://www.supremecourt.gov.cy/judicial/sc.nsf/All/007465EBDC14AC41C22587AA0031E2C7?Ope
nDocument.
Supreme Court of Cyprus (2022), Contribution from the Supreme Court of Cyprus for the 2022 Rule
of Law Report.
Transparency International (2022), Corruption Perceptions Index 2021.
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Annex II: Country visit to Cyprus
The Commission services held virtual meetings in March 2022 with:
 Commissioner for Administration and the Protection of Human Rights (Ombudsperson)
 Cyprus Bar Association
 Cyprus Broadcasting Corporation
 Cyprus Integrity Forum
 Director of Judicial Reform and Training
 Ministry of Interior
 Ministry of Justice and Public Order
 Office of the Attorney General
 Office of Transparency and Prevention of Corruption
 Police - Internal Affairs Service
 Police - Office of Investigation of Financial Crimes
 Radio-Television Authority
Press and Information Office
 Supreme Court
*The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute (OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe