COMMISSION STAFF WORKING DOCUMENT 2020 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 2020 Rule of Law Report The rule of law situation in the European Union
Date: 2020-09-30
Institutions: European Commission, Secretariat-General
Subjects: Cyprus, administrative transparency, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 30.9.2020  SWD(2020) 312 final  COMMISSION STAFF WORKING DOCUMENT 2020 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  2020 Rule of Law Report        The rule of law situation in the European Union {COM(2020) 580 final} - {SWD(2020) 300 final} - {SWD(2020) 301 final} - {SWD(2020) 302 final} - {SWD(2020) 303 final} - {SWD(2020) 304 final} - {SWD(2020) 305 final} - {SWD(2020) 306 final} - {SWD(2020) 307 final} - {SWD(2020) 308 final} - {SWD(2020) 309 final} - {SWD(2020) 310 final} - {SWD(2020) 311 final} - {SWD(2020) 313 final} - {SWD(2020) 314 final} - {SWD(2020) 315 final} - {SWD(2020) 316 final} - {SWD(2020) 317 final} - {SWD(2020) 318 final} - {SWD(2020) 319 final} - {SWD(2020) 320 final} - {SWD(2020) 321 final} - {SWD(2020) 322 final} - {SWD(2020) 323 final} - {SWD(2020) 324 final} - {SWD(2020) 325 final} - {SWD(2020) 326 final}  
 
 
ABSTRACT 

The Cypriot justice system has been undergoing a number of structural changes and reforms 
since  2019  with  the  aim  to  overcome  important  challenges  as  regards  its  efficiency  and 
quality,  in  particular  as  regards  digitalisation.  Civil,  commercial  and  administrative  judicial 
proceedings remain very lengthy. These reforms include the establishment of new specialised 
courts, the restructuring of the courts, the creation of a training school for judges, the revision 
of the rules of civil procedure and measures to address the backlog of cases. There is also a 
pending reform on the establishment of a Supreme Constitutional Court and of a High Court. 
Many of these reforms are still under discussion or are experiencing delay. A review of the 
Law Office is ongoing with a view to enhance the capacity of the office, including separation 
of functions and recruitment procedures.  

Cyprus  has  made  some  progress  in  tackling  and  investigating  corruption,  including  high-
profile cases. Key legislation for the prevention of corruption is still pending. Lobbying and 
whistle-blower  protection  remain  unregulated  by  law  and  an  independent  anti-corruption 
authority remains to be established. Asset disclosure rules are in place but the existing regime 
could  be further strengthened by improving the effectiveness  of the monitoring of the asset 
declarations. While Codes of Conduct exist for members of the Government, public officials 
and  prosecutors,  there  are  no  similar  provisions  for  the  members  of  the  House  of 
Representatives. 

In Cyprus, freedom of expression and the right of access to information find legal and formal 
protection  in  the  Constitution  of  the  Republic  of  Cyprus.  Secondary  legislation  expressly 
protects  the  right  of  journalists  to  protect  their  sources  and  fosters  media  pluralism  in  the 
radio and television sector. However, questions have been raised regarding the independence 
of the Authority on Media (e.g. regarding appointment procedures). Another issue of concern 
is  that  there  is  no  framework  guaranteeing  ownership  transparency  in  the  written  press  and 
digital media sectors, which makes it difficult to identify and verify ultimate owners or cross-
ownership in these sectors. 

The  system  of  checks  and  balances  in  Cyprus  includes  a  consultation  process  as  part  of  a 
Better Regulation Project as well as ex-post constitutionality review. This review is currently 
carried  out  by  the  Supreme  Court  and  a  draft  legislation  aims  at  transferring  this  task  to  a 
newly created Supreme Constitutional Court. Another draft legislation aims at improving the 
implementation  of  court  decisions  by  the  public  administration.  The  Commissioner  for 
Administration,  which  functions  as  the  National  Human  Rights  Institution,  faced  certain 
challenges, but has recently seen its capacities increased. While a structure has been set up to 
encourage civil participation in public life,  it seems that the civil society organisations face 
certain  concerns  regarding  the  registration  framework,  which  requires  at  least  20  founding 
members to be registered.  

1 

 
 
 
 
 
I.  JUSTICE SYSTEM  

The  court  system1  is  composed  of  six  District  Courts,  six  Assize  Courts  currently  in 
operation2,  the  Administrative  Court3,  the  Administrative  Court  of  International  Protection4 
and  the  Supreme  Court5.  In  addition,  there  are  family  courts,  rent  control  courts,  industrial 
disputes courts and a military court. Supreme Court Judges are appointed by the President of 
the Republic from within the ranks of the judiciary and upon recommendation of the Supreme 
Court. 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)6. There are 88 judges serving in all courts of first instance and 13 
judges serving in the Supreme Court. The Prosecution Service is independent and organised 
under the Attorney General of the Republic. 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 also heads the Law Office of the Republic, an independent 
office  not  subjected  to  any  ministry7.  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 
law8. 

Independence 

Structural  changes  with  regard  to  the  organisation  of  Courts  and  the  appointment  of 
judges  are  under  discussion.  The  Ministry  of  Justice  and  Public  Order,  on  30  May  2019, 
submitted to the House of Representatives9 a draft bill on the splitting of the current Supreme 
Court  into  two  distinct  courts:  a  new  separate  Supreme  Constitutional  Court  and  the  High 
Court.  The  same  draft  legislation,  pending  before  the  House10,  foresees  the  creation  of  a 
Court  of  Appeal  of  16  Judges.  Another  bill  under  discussion  in  the  House  of 
Representatives11  details  the  appointment  of  the  judges  of  the  new  Supreme  Constitutional 
Court and the High Court. The bill builds upon the current system in which the appointment 
of judges to the Supreme Court is made by the President of the Republic, upon proposal by 
the judges of the two highest jurisdictions. The bill also provides that the judges of the new 
Court of Appeal will be appointed by the Supreme Council of Judicature (SCJ), which will 
also  include  the  Attorney-General,  the  President  of  the  Bar  Council  and  a  lawyer  of  long 
standing. 

1   For a description of the judicial structure, see the Annual study for the European Commission carried out by 

CEPEJ. 

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   Art. 157.2 of the Constitution of Cyprus provides that the appointment, promotion, transfer, termination of 
appointment, dismissal and disciplinary matters of judicial officers are exclusively within the competence of 
the  Supreme  Council  of  Judicature.  The  abovementioned  constitutional  provision  is  further  elaborated  in 
Section 10 of Law No. 33/64 of the Administration of Justice.  

7   The two functions are separated and the two services operate with two different stuff.  
8   Constitution of Cyprus, Art. 112. 
9   The House of Representatives is the Parliament of the Republic of Cyprus.  
10   Bill on the 11th review of the Constitution of the Republic of Cyprus.  
11   Bill on the review of legislation related to the administration of justice, p. 1215.  

2 

 
 
 
 
                                                 
The level of perceived judicial independence is average. Among the general public, 55% 
consider judicial independence to be ‘fairly and very good’, a share that slightly decreased in 
2020. The corresponding figure among companies is 48% and has been decreasing in the last 
years12.  

The  appointment  of  the  judges  is  subject  to  new  detailed  criteria.  In  July  201913,  the 
Supreme Court introduced new detailed criteria for the selection, appointment, evaluation and 
promotion  of  judges.  The  aim  is  to  harmonise  these  procedures  with  the  existing  best 
practices in the EU. These new criteria are being used for the recruitment of new judges, as 
well  as  for  promotions14.  Selection  and  appointment  are  based  on  a  call  for  candidatures 
published  widely,  including  in  the  Official  Gazette.  The  Supreme  Council  of  Judicature 
decides on the successful candidates after a procedure aiming at ensuring that the candidates 
fulfil the objective criteria, display the relevant knowledge and personality requirements.  

A  reform  of  the  Law  Office  of  the  Republic  is  ongoing.  The  Prosecution  Service  is 
organised under the Attorney General of the Republic. Legal provisions forbid any person to 
give instructions or interfere with the duties of the Attorney General15. All prosecutors handle 
criminal cases under the instructions and on behalf of the Attorney General16. In addition, the 
Attorney General is also the head of the Law Office17 and the legal advisor of the Republic. 
This multiple role could raise concerns as regards the capacity of the individual law officers 
and prosecutors to conduct their duties in an autonomous way18. A functional review of the 
Law Office by independent  experts was conducted in  2019. Based on this report, an action 
plan has been finalised and approved by the Council of Ministers on 15 October 2019. The 
Action  Plan  foresees  a  comprehensive  reform  of  the  Law  Office  of  the  Republic.  Amongst 
others,  the  reform  includes  the  restructuring  and  creation  of  separate,  self-contained 
directorates  within  the  Law  Office,  the  creation  of  new  posts,  the  rationalisation  of 
procedures,  separation  of  functions  and  recruitment  procedures.  A  draft  law  is  under 
discussion  between  the  Attorney  General  and  the  Ministry  of  Finance  concerning  the 
budgetary independence of the Law Office19. 

12   Figures 44 and 46, 2020 EU Justice Scoreboard. The level of perceived judicial independence is categorized 
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%). 
Furthermore, according to a recent survey covering 19 EU Member States, the perception of independence 
of judges by lawyers in Cyprus is very low (5.5 points out of 10). ENCJ/CCBE Survey among lawyers on 
the independence of Judges, 2018-2019 - Independence and Accountability of the Judiciary (Figure 7). 
13   European Commission (2019), Cyprus: Creation of Objective Criteria for the recruitment and promotion of 

Judges.  

14   The Supreme Court published a call for candidatures on 1 November 2019, based on the new criteria.  
15   Art. 45 of the Constitution of Cyprus provides that an additional element as regards the independence of the 
Attorney General is that the President of the Republic may be prosecuted for an offence involving dishonesty 
or moral turpitude upon a charge preferred by the Attorney-General. 

16   Art.112 of the Constitution. 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. 

17   The Law Office of the Republic is responsible for providing legal opinions and advice to Ministries on legal 
issues  that  may  arise.  It  is  also  responsible  for  the  legal  vetting  of  government  Bills,  before  they  are 
introduced  to  the  House  of  Representatives  for  debate  and  enactment.  The  Law  Office  also  represents  the 
Republic before the Courts in all administrative and civil law litigation where the Republic is a party. 

18   GRECO  Fourth  Evaluation  Round  –  Evaluation  report,  p.  39  and  2018  Compliance  Report,  p.  11. 

(GrecoRC4(2018)9). 

19   Input from Cyprus for the 2020 Rule of Law Report.  

3 

 
 
 
 
 
                                                 
Quality 

The  justice  system  suffers  from  a  nearly  complete  lack  of  digitalisation.  Very  limited 
information about the judicial system is available for the general public20. Furthermore, there 
is  no electronic information  on case progress and no electronic case management system21. 
This  issue  has  also  been  addressed  in  the  context  of  the  2020  European  Semester,  by  a 
recommendation to improve the digitalisation of the judicial system22. The introduction of an 
electronic court administration system is one of the main objectives of the ongoing reforms. 
However,  its  implementation  and  the  relevant  public  procurement  procedures  have  been 
delayed  since  2017.  In  the  meantime,  an  electronic  mini-registry  has  been  prepared  and 
installed in all civil registries and the Supreme Court to allow for a more efficient processing 
of applications, pending the full implementation of the e-justice system23. In this context, it 
should be noted that the Supreme Court announced the suspension of court proceedings, with 
the  exception  of  urgent  cases,  as  part  of  the  emergency  measures  to  face  the  COVID-19 
pandemic. Court proceedings have been gradually resuming since 4 May 2020. 

A  law  establishing  a  (lifelong)  training  school  for  judges  has  been  adopted.  The  law 
establishing  a  training  school  for  judges  was  adopted  on  14  August  202024.  The  School  of 
judges will be based within the Supreme Court and will be responsible for judicial training 
and  education  of  judges25  and  for  the  development  of  scientific  research  related  to  judicial 
matters. 

Efficiency 

The  justice  system  is  experiencing  serious  efficiency  challenges.  The  time  needed  to 
resolve civil, commercial and administrative cases in first instance courts (737 days in 2018, 
compared  to  1118  in  2017)  still  remains  among  the  highest  in  the  EU.  In  administrative 
justice,  efficiency  gains  at  first  instance,  reflected  in  a  reduced  length  of  proceedings  (487 
days  in  2018  compared  to  2162  days  in  2017)  and  higher  clearance  rates  (around  219%  in 
2018  compared  to  around  74%  in  2017).  However,  very  lengthy  proceedings  in  the  final 
instance  (2156  days  in  2018)  remain26.  The  need  to  improve  the  efficiency  of  the  judicial 
system has also been raised in the above-mentioned recommendation addressed in the context 
of the 2020 European Semester27.  

An  action  plan  to  address  these  efficiency  challenges  has  been  adopted  and  its 
implementation is ongoing, albeit with some delay. An important step in the reform agenda 
has been the functional review study of the Cyprus Courts28 concluded in March 2018, which 
made a number of recommendations concerning the operation of the Supreme Court and the 
Courts  of  First  Instance  as  well  as  the  management  of  the  courts.  On  the  basis  of  these 

20   It  is  also  noted  that  the  current  statistical  data  on  the  justice  system  does  not  allow  reporting  on  data 

concerning the disposition time in litigious civil and commercial cases in the EU Justice Scoreboard. 

21   Figure 27, 2019 and 2020 EU Justice Scoreboard. 
22   Council  Recommendation  on  the  2020  National  Reform  Programme  of  Cyprus  and  delivering  a  Council 

opinion on the 2020 Stability Programme of Cyprus. 
23   Input from Cyprus for the 2020 Rule of Law Report. 
24   Law on the creation and functioning of a School of Judges: Ν. 101(Ι)/2020. 
25   Law modifying the laws on the Courts: Ν. 102(Ι)/2020).  
26   Figures 5, 9, 10 and 12, 2020 EU Justice Scoreboard. 
27   Council  Recommendation  on  the  2020  National  Reform  Programme  of  Cyprus  and  delivering  a  Council 

opinion on the 2020 Stability Programme of Cyprus. 

28   European Commission (2018), Functional review of the courts system of Cyprus.  

4 

 
 
 
 
                                                 
recommendations, the Government has prepared a detailed action plan for judicial reform29. 
Α Courts’ Reform Committee, where relevant stakeholders participate30, has been established 
to  facilitate  and  support  the  implementation  of  the  action  plan.  While  the  authorities  have 
expressed  their  commitment  to  address  the  shortcomings  of  the  justice  system,  the 
implementation of most planned actions is delayed, being still pending before the House of 
Representatives. 

The  reforms  provide  for  the  establishment  of  new  courts.  New  legislation  has  been 
proposed for the establishment of a Commercial Court31. It includes provisions for the cases 
that  will  fall  under  the  jurisdiction  of  the  Court  and  the  qualifications  of  the  judges.  The 
intention is to provide an appropriate forum for the adjudication of high profile commercial 
cases.  In  anticipation  of  the  adoption  of  this  law,  five  judicial  posts  have  already  been 
approved and are included in the state budget. Additionally, another new draft law provides 
for the creation of a new jurisdiction within the District Courts and is also pending before the 
House  of  Representatives.  According  to  the  draft  legislation,  any  District  Court  Judge  will 
have the jurisdiction to hear and determine any application concerning disputes arising out of 
or in connection with credit facilities, regardless of the amount of the dispute and of the value 
of  the  property.  In  June  2019,  a  new  Administrative  Court  of  International  Protection  has 
started operating32. According to the law establishing this court, cases relating to international 
protection will be transferred to  this court from  the Administrative Court,  so as  to  expedite 
the  proceedings  of  this  category  of  cases,  and  at  the  same  time  allow  the  Administrative 
Court more time to deal with all other cases. The capacity of the court has been enhanced on 
1 September through the recruitment of two new additional judges (the relevant amendment 
was enacted in January 2020) and ten administrative officers to provide support to the judges 
(five of them are already posted) 33. 

The clearance of backlogs of delayed cases, which have accumulated in the courts, is a 
pressing task in the reform process. A President of a District Court has been appointed by 
the  Supreme  Court  to  act  as  ‘case  manager’  in  order  to  monitor  and  oversee  the  timely 
handling of the backlog of cases. The creation of a taskforce of judges has commenced with 
the  recruitment  of  a  number  of  additional  judges,  the  procedure  being  under  way,  and  the 
recruitment of supporting staff. Following a decision of the Supreme Court in February 2019 
to  assign  the  handling  of  financial  disputes  relating  to  non-performing  loans  (NPLs)  to  six 
already serving District Court judges, specialised training was organised in December 201934. 

The  review  of  the  Civil  Procedure  Rule,  which  was  expected  to  be  completed  by  June 
2020, is delayed until October this year. This is an important reform, which should contribute 
to improve the efficiency of the justice system. The amendment to the Civil Procedure Law 
will  aim  at  making  it  easier  to  carry  out  court  decisions  to  seize  movable  property. 

29   Input from Cyprus for the 2020 Rule of Law Report. 
30   The President of the Supreme Court (as President) and two Judges of the Supreme Court, the President of the 
Judges’  Association,  the  Director  of  Reform  and  Training,  the  Chief  Registrar,  representatives  of  the 
Ministry  of  Finance  and  of  the  Ministry  of  Justice  and  Public  Order,  and  the  President  of  the  Cyprus  Bar 
Association. 
31   See previous note. 
32   Law  No.  73  (I)/2018  on  the  Establishment  and  Function  of  the  Administrative  Court  for  International 

Protection. 

33   Input from Cyprus for the 2020 Rule of Law Report. 
34   See previous note. 

5 

 
 
 
 
                                                 
Furthermore, the revised rules of civil procedure are expected to improve the enforcement of 
judgments. 

II. ANTI-CORRUPTION FRAMEWORK 

Cyprus amended its anti-corruption legal framework and a National Horizontal Action Plan, 
implementing key elements of the National Anti-corruption Strategy, which was approved by 
the Council of Ministers in  May 2019. The Attorney-General  has an overall competence to 
prosecute  criminal  offences,  including  corruption.  The  Prosecution  Office  provides  legal 
advice  to  law  enforcement  authorities  investigating  corruption  offences.  Several  legal 
measures  are  pending  adoption,  for  example,  the  bill  to  establish  an  independent  anti-
corruption  authority,  a  bill  on  lobbying  and  a  bill  on  the  reporting  of  corruption  offences, 
which includes provisions on the protection of whistle-blowers.  

Cyprus  scores  58/100  in  the  2019  Transparency  International  Corruption  Perception 
Index and was  ranked 12th in the EU and 41st globally35.  95% of  respondents  to  a 2020 
Eurobarometer  survey  consider  corruption  to  be  a  widespread  problem  (EU  average:  71%) 
and  60%  of  people  feel  personally  affected  by  corruption  in  their  daily  lives  (EU  average: 
26%)36. As regards business, 88% of companies consider that corruption is widespread (EU 
average:  63%)  and  48%  consider  that  corruption  is  a  problem  when  doing  business  (EU 
average:  37%).  24%  of  people  find  that  there  are  enough  successful  prosecutions  to  deter 
people  from  corrupt  practices  (EU  average:  36%)  while  11%  of  companies  consider  that 
people  and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU 
average: 31%)37. 

The criminal anti-corruption legislation is broadly in place. The criminal and procedural 
law aspects with relevant definitions of offences and a statute of limitations are in place and 
broadly  in  line  with  international  standards38.  Sanctions  for  legal  persons  convicted  for 
corruption also comprise their  exclusion from  public tender procedures.  A bill  provides  for 
increased fines and the temporary closing of business for corruption offences committed by 
legal persons. The Law on the fight against Manipulation of Sports Competitions aiming to 
combat  corruptive  behaviour  in  sports  was  enacted  on  15  December  2017  and  defines  new 
corruption offences in this area. The extra-territorial jurisdiction of the Courts of the Republic 
of Cyprus has been established for all offences relating to corruption.  

The  implementation  of  the  National  Action  plan  against  Corruption  is  ongoing.  A 
National Horizontal Action Plan against Corruption, which implements the key elements of 
the  National  Anti-Corruption  Strategy39,  was  approved  by  the  Council  of  Ministers  in  May 
2019. Some key measures in the Action Plan are still pending adoption, notably the draft law 
establishing an independent anti-corruption authority. Furthermore, the bill on “the Reporting 
of  Acts  of  Corruption  Law”  including  provisions  on  whistle-blowers  and  the  bill  on  the 
Transparency in Public Decision Procedures and Related Issues Law, including provisions on 
lobbying  activities,  are  pending  for  adoption  in  the  House  of  Representatives,  respectively 
since  May  2017  and  May  2019.  While  waiting  for  the  independent  authority  to  be 

35   Transparency International (2019), Corruption Perceptions Index. 
36   Special Eurobarometer 502 (2020). 
37   Flash Eurobarometer 482 (2019). 
38   GRECO, Third Evaluation Round.  
39   The National Anti-Corruption Strategy has been approved by the Council of Ministers in November 2017.  

6 

 
 
 
 
                                                 
temporary  arrangement 

established40,  as  a 
the 
implementation of the National Horizontal Action Plan has been entrusted to the Office for 
Transparency and Prevention of Corruption. Focal points have been designated in the public 
bodies, but the office is understaffed41.  

for  monitoring 

responsibility 

the 

The  competences  to  prevent,  investigate  and  prosecute  corruption  are  shared  among 
several  authorities.  The  Ministry  of  Justice  and  Public  Order  is  responsible  for  the  policy 
coordination  as  regards  the  fight  against  corruption.  The  Attorney-General  has  an  overall 
responsibility for criminal prosecutions, including the right to discontinue a prosecution. The 
Prosecution  Office  (the  Prosecution  Service  of  the  Republic  Attorney  General’s  Office) 
provides  direct  legal  advice  to  police  investigators.  It  advises  them  on  issues  concerning 
corruption, criminal law, criminal procedure and evidence. It is the contact point between the 
Police and the Prosecution Service of the Republic (Attorney General’s Office). Authorities 
reported  that  a  total  number  of  120  corruption  cases  had  been  investigated  or  were  under 
investigation between 2013 and 2018, out of which 98 have been completed and 22 cases are 
still  under  investigation.  47  cases  are  pending  for  trial  or  under  trial.  37  persons  were 
convicted  for  corruption  in  26  cases,  out  of  which  there  were  12  high-level  corruption 
convictions, 
the  House  of 
Representatives and ex-ministers. The Police has a special team for financial investigations. 
This  team  consists  of  five  financial  analysts-certified  accountants  or  auditors  and  two 
experienced police investigators. Its purpose is to provide support and expertise to the police 
investigators who are investigating serious criminal cases related to financial crime including 
corruption cases. An Internal Affairs Service in charge of investigating corruption allegations 
within  the  police  also  exists.  This  Service  investigates  all  allegations  and  complaints, 
including those filed anonymously, regarding corrupt practices or omissions by members of 
the  police.  The  internal  service  is  operational  and  has  investigated  12  corruption  cases,  of 
which one resulted in a conviction42.  

the  deputy  Attorney  General,  members  of 

including 

Whistle-blower  protection  is  not  yet  provided  for  by  law.  It  falls  within  the  employer’s 
discretion to protect whistle-blowers through internal policies. A draft law on ‘Reporting of 
Acts  of  Corruption’  is  pending  before  the  House  of  Representatives.  The  draft  aims  to 
provide supplementary provisions on the protection of whistle-blowers43.  

Lobbying  is  not  regulated.  A  draft  law  to  regulate  lobbying  activities  is  pending  for 
adoption  in  Parliament  since  May  201944.  The  draft  law  requires  all  lobbying  groups  to  be 
registered and to record their meetings. The adoption of this law is envisaged to accompany 
the establishment of the Independent Authority against Corruption, which will be responsible 
for  keeping  the  registry  of  lobbyists.  Currently  there  is  no  self-regulation  of  lobbyists’ 
activities and Cyprus has no professional association of lobbyists.   

Conflicts  of  interests  need  attention.  As  regards  conflicts  of  interest,  there  are  provisions 
foreseen in the draft-lobbying bill that regulate matters of conflict of interests of senior civil 

40   The draft law was submitted for adoption in Parliament in March 2019. 
41   The Ministry of Justice and Public Order manages an annual national budget of approximately EUR 200,000 
for the implementation of the National Horizontal Anti-Corruption plan in addition to the Project funded by 
the European Commission worth EUR 300,000. 

42   Input from Cyprus for the 2020 Rule of Law Report; Information received in the context of the country visit.  
43   Directorate General European Programmes, Coordination and Development - Europe 2020 Cyprus National 

Reform Programme. 

44   See previous note. 

7 

 
 
 
 
                                                 
servants. A cooling off period is also introduced, where senior civil servants cannot register 
in  the  Registry,  unless  two  years  have  elapsed  since  the  day  on  which  his  services  ceased. 
While  Codes  of  Conduct  exist  for  Members  of  the  Government,  public  officials  and 
prosecutors, there are no similar provisions for the members of the House of Representatives. 
A procedure to draft and adopt a Code of Conduct for Members of Parliament began in late 
2019. The Code would aim at offering guidance on how to prevent and manage conflicts of 
interest concerning Members of Parliament. 

Asset disclosure rules are in place and sanctions for non-compliance are envisaged. The 
President, the Ministers, the members of the House of Representatives, certain Officers of the 
Republic,  high  ranking  public  officials  and  other  publicly  exposed  persons  have  to  submit 
detailed  declarations  of  their  property  and  assets,  together  with  those  of  their  spouses  and 
under-age children. Such declarations have to  be made/submitted within three months  from 
assuming office, every three years as long as they  hold office and within three months after 
leaving office. Asset declarations of the President of the Republic, Ministers and members of 
the  House  of  Representatives  were  submitted  to  a  special  parliamentary  committee  and 
published  in  2019.  The  body  entrusted  with  the  verification  of  the  other  officers  and 
Politically  Exposed  Persons’  declarations  is  a  special  Council,  consisting  of  three  members 
appointed by the Council of Ministers in 2017. The two bodies entrusted with the verification 
of  the  declarations  (i.e.  the  Special  Parliamentary  Committee  and  the  Council)  may  assign 
investigations  to  certified  accountants45.  While  rules  are  found  to  be  in  place  in  the  2020 
European  semester  report,  issues  were  raised  as  regards  the  verification  of  assets.  The 
Council entrusted with verification has filed several fines for non-submission of declarations. 
In addition, concerns exist as regards the accuracy of declaration46.  

III.  MEDIA PLURALISM 

In Cyprus, freedom of expression and the right of access to information find legal and formal 
protection in Article 19 of the Constitution of the Republic of Cyprus. Secondary legislation 
expressly  protects  the  right  of  journalists  to  protect  their  sources47  and  fosters  media 
pluralism  in  the  radio  and  television  sector48.  A  revision  of  the  Press  Law  is  envisaged  in 
view  of  transposing  the  revised  Audio-Visual  Media  Service  Directive.  The  announced 
changes would lead to the electronic information media being expressly regulated for the first 
time and the introduction of additional provisions dedicated to the rights of journalists. The 
Right to Access to Public Sector Information  Law (2017) is expected to  come into force in 
December 2020. Cyprus decriminalised defamation in 200349.  

The independence of the regulator for audio-visual  media  services, the Cyprus Radio-
Television Authority, is legally guaranteed. Its competences and responsibilities are set out 
in  Article  3  of  the  Radio  and  Television  Broadcasters  Law  7(I)/1998  (as  amended).  These 
include, inter alia, controlling the actual ownership status of media service providers with a 
view to ensuring their independence as well as the elimination of concentration, oligopoly or 
monopoly;  ensuring  the  journalistic  and  creative  independence  of  the  employees  of  media 

45   In  case  officers  under  Law  50(I)/2004,  as  amended,  fail  to  submit  their  asset  declaration,  the  Council 

imposes a fine not exceeding EUR 5.000 and up to EUR 100 for every day of non-compliance. 

46   European Commission, Country report Cyprus 2020, SWD(2020) 512 final.  
47   Art. 8 of Press Law. 
48   Radio and Television Broadcasters Law. 
49   Between 2019 and 2020, Cyprus gained one position in the Reporters without Borders World Press Freedom 

Index, now registering at 27th position worldwide: https://rsf.org/en/ranking.  

8 

 
 
 
 
                                                 
service providers and drawing up a report every three years on the development of pluralism 
and the concentration of shares in media service providers.  

This regulatory system establishes a legally independent authority with clearly defined 
powers and the authority is endowed with adequate financial resources. The MPM points 
out  that  the  Authority’s  decisions  are  published  on  a  regular  basis,  are  subject  to  judicial 
review  and cannot  be overturned by the Government. Consequently, the MPM assesses the 
overall  risk  to  independence  in  terms  of  the  functional  independence,  enforcement  powers 
and  adequacy  of  resources  of  the  Authority  as  low.  The  effective  independence  of  the 
Authority  is  however  assessed  to  be  at  medium  risk.  This  is  due  to  concerns  about  the 
selection  criteria  used  for  the  appointment  of  the  members  of  the  authority  by  the 
Government, independence in practice as well as issues of transparency and accountability50. 

Cyprus  has  an  independent  press  council,  the  Media  Complaints  Commission51.  It 
consists  of  13  members  and  is  responsible  for  the  self-regulation  of  the  news  media,  both 
written  and  electronic  and  is  entirely  free  from  government  interference  and  judicial 
supervision. It is financed solely by its founders and implements a Code of Practice52 which 
defines the duties and rights of journalists. The Complaints Commission accepts complaints 
from the public on a host of issues including accuracy of information, the right of rebuttal, the 
right  to  privacy,  copyright,  the  presumption  of  innocence,  discrimination,  professional 
privilege and the public interest. The Media Pluralism Monitor recommends that to address 
the recent challenges faced by the media in Cyprus, unionised and non-unionised journalists 
and  all  media  stakeholders  should  reaffirm  their  role  and  reclaim  their  status  to  regain  the 
public’s trust53. 

The  regulatory  framework  in  Cyprus  allows  for  a  certain  degree  of  transparency  of 
media  ownership  in  the  audio-visual  media  sector.  Transparency  is  guaranteed  by  the 
Radio-Television Authority and conducted mainly via the detailed licensing and registration 
procedures established by the above-mentioned Act54. Regarding systematic scrutiny by the 
Authority, the 2020 MPM raises concerns with regard to the efficiency of its implementation 
in practice. Furthermore, there is no framework guaranteeing ownership transparency in the 
written press and digital media sectors which makes it difficult to identify and verify ultimate 
owners  or  cross-ownership  in  these  sectors.  Consequently,  the  MPM  assesses  that 
transparency  of  media  ownership  is  at  high  risk  (81%).  This  factor,  coupled  with  others  - 
such as considerable news media concentration and an unregulated online media market – has 
resulted  in  the  MPM  risk  rating  for  the  market  plurality  area  going  from  low  medium  risk 
(34%) in 2017 to high risk in 2020 (74%). Nonetheless, MPM points out that the television 
sector manifests considerable plurality given that four of the seven commercial TV channels 
and the public service media broadcaster attract almost equal audience shares.  

Mechanisms are in place to safeguard political independence and to prevent conflicts of 
interest.  In  terms  of  political  independence,  ownership  thresholds  and  constraints  on 
ownership  laid  down  in  the  Law  on  incompatibilities  for  persons  occupying  public  office55 

50   2020 Media Pluralism Monitor - Report on Cyprus, p. 10. 
51   Cyprus Media Complaints Commission website: http://www.cmcc.org.cy/about_us.html. 
52   Journalists’ Code of practice: www.cmcc.org.cy/code_practice.html. 
53   2020 Media Pluralism Monitor - Report on Cyprus, p. 17.  
54   Articles 16, 18, 19, 20 and 23 thereof. 
55   Law  No. 12(I) of 2014 amending the  Law No. 7(I) of 2008 on the Professional Incompatibility of certain 

Officers for certain professional and other activities. 

9 

 
 
 
 
                                                 
are efficiently enforced by the relevant regulators, thereby promoting pluralism. However, the 
MPM  points  out  that  the  corporate  pressure  appears  to  foster  a  climate  of  self-censorship 
among editorial staff. Currently, there exists no framework regulating the distribution of state 
advertising, although the MPM points out that the system appears to operate fairly in practice. 
The authorities informed the Commission that a new mechanism for the equitable allocation 
of political campaign advertising is expected to be in place by the end of 2020.  

Threats  to  the  safety  of  journalists  are  very  rare.  In  2019,  the  Council  of  Europe’s 
Platform to promote the protection of journalism and safety of journalists published no alerts 
concerning  Cyprus.  One  alert  was  published  in  2020  relating  to  a  homemade  pipe  bomb, 
which exploded at the entrance of the offices of news agency MC Digital Media (which hosts 
local online news outlet Cyprustimes.com and other online sport, finance and show business 
titles) on 4 March 2020 causing extensive damage to the building. The Government swiftly 
condemned  the  attack  and  declared  that  the  State  will  take  all  the  necessary  measures  to 
identify the perpetrators56. 

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 
and  is  vested  with  legislative  power.  Both  Representatives  and  Ministers  have  the  right  of 
legislative  initiative.  The  Supreme  Court  is  competent  regarding  the  constitutionality  of 
laws57. A number of national independent Authorities, organizations and institutions that aim 
to protect and safeguard human rights exist. 

Efforts  are  ongoing  to  improve  the  consultation  of  stakeholders  when  preparing 
legislation.  In  the  context  of  the  Better  Regulation  Project58  and  relevant  circulars  of  the 
Ministry  of  Finance  and  the  Legal  Service,  there  is  an  obligation  to  conduct  a  public 
consultation  with  all  stakeholders  before  proceeding  with  a  governmental  bill.  A  fully 
completed,  questionnaire  accompanies  every  bill  submitted  to  the  Council  of  Ministers  for 
approval  and  subsequently  presented  before  the  House  of  Representatives  for  enactment, 
explaining all aspects of the proposed legislation and the consultation that has taken place59. 
A  number  of  challenges  exist  regarding  the  regulatory  impact  assessment  framework 
concerning  both  primary  laws  and  subordinate  regulations,  introduced  by  Cyprus  in  2017. 
These  challenges  could  be  improved  by  considering  a  broader  range  of  costs  and  benefits, 
and establishing an oversight body for impact assessment quality control60.  

The  Government  has  been  empowered  to  adopt  measures  to  face  the  COVID-19 
pandemic. The state of emergency enshrined in the constitution has not been declared61 but 

56   Republic of Cyprus (2020), reply of the authorities of the Republic of Cyprus regarding the alert with title 
“pipe bomb attack on Cyprus MC Digital News Media Agency Offices”. https://rm.coe.int/cyprus-reply-en-
pipe-bomb-attack-on-mc-digital-media-agency-offices-12/16809ce95e.  

57   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 2020 Rule of Law Report. 

58   OECD (2019), Indicators of Regulatory Policy and Governance – Cyprus.  
59   Input from Cyprus for the 2020 Rule of Law Report. 
60   OECD (2019), Indicators of Regulatory Policy and Governance – Cyprus. 
61   Statement by the President of the Republic following the extraordinary meeting of the Council of Ministers, 
15  March  2020. The  “emergency  state”  provided  for  by  Article  183 of  the  Constitution  was  not  declared. 
The  “emergency  state”  provided  for  by  the  Constitution  would  need  to  be  declared  by  the  Council  of 
Ministers (chaired by the President) and submitted to the Parliament, which could accept or decline it. 

10 

 
 
 
 
                                                 
the Government has relied on the Law on the Control of Epidemics (Quarantine Law) which 
empowers  the  Council  of  Ministers,  the  Minister  of  Health  and  other  Ministers  to  issue 
decrees to deal with the emergency situation62. 

Draft legislation foresees the creation of a Constitutional Court that would take over the 
constitutionality  review  of  laws  from  the  Supreme  Court.  The  Supreme  Court  has 
jurisdiction to adjudicate on the compatibility of a law with the Constitution or any conflict of 
competence  between  any  organs  or  authorities  of  the  Republic.  In  addition,  it  can  hear  a 
recourse  by  the  President  of  the  Republic  as  to  whether  a  law  passed  by  the  House  of 
Representatives  is  inconsistent  with  the  Constitution.  According  to  the  Constitution,  any 
party  to  judicial  proceedings  can  raise  the  question  of  the  constitutionality  of  any  law  or 
decision material for the determination of any matter at issue in the proceedings. In that case, 
the Court before which such question is raised shall stay further proceedings until determined 
decision has been made by the Supreme Court.  

A  reform  aims  at  improving  the  implementation  of  court  decisions  by  the  public 
administration.  According  to  the  Constitution,  the  Administrative  Court  and  the  Supreme 
Court  are  empowered  to  assess  whether  effect  has  been  given  to  their  decisions  and  if  not, 
impose sanctions accordingly, as the law prescribes. However, the necessary legal basis has 
not been enacted yet. A draft law providing for sanctions in case an organ, authority or person 
violates  the  obligation  to  comply  with  court  decisions  is  pending  before  the  House  of 
Representatives. 

The Commissioner for Administration, which contributes to safeguarding fundamental 
rights,  has  faced  certain  challenges.  The  Commissioner  for  Administration  and  Human 
Rights (Ombudsman) is the National Human Rights Institution, accredited with B-Status by 
GANHRI63  in  2015.  In  its  accreditation  report,  the  GANHRI  Sub-Committee  on 
Accreditation made recommendations on the appointment of the Ombudsman, the allocation 
of  resources  and  the  management  of  the  budget64.  The  capacities  of  the  Ombudsman  have 
recently  been  reinforced  and  further  staff  has  been  requested  for  202065.  However,  it  has 
faced  challenges  in  view  of  an  attempt  by  the  Auditor  General  to  investigate  the  way  it 
exercises  its  powers,  which  the  Commissioner  considered  an  interference  with  its 
independence. This position was supported by the International Ombudsman Institute (IOI)66 
and  subsequently,  the  Attorney  General  stopped  the  procedure.  The  Commissioner’s 
suggestions  or  recommendations  are  not  binding.  He  has  the  capacity  to  consult  with  the 
authority  concerned,  in  an  attempt  to  find  a  way  for  the  authority  to  adopt  the 
Commissioner’s positions and comply with them at a practical level67.  

The  civil  society  space  in  Cyprus  is  considered  to  be  open68.  The  Office  of  the 
Commissioner for Volunteering and NGOs was established in 2013. Its aim is to encourage 

62   These decrees remain in force until they are revoked. Restrictions started to be lifted on 21 May. 
63   The Global Alliance of National Human Rights Institutions.  
64   United  Nations  UPR  (2019)  – Cyprus accepted  seven  recommendations  received  on  ensuring  a  Paris 

Principles compliant NHRI. 

65   Contribution from the European Network of National Human Rights Institutions for the 2020 Rule of Law 

Report, p. 58.  

66   The  IOI  considered  that  the  Auditor  Generals’  stance  was  incompatible  with  the  Venice  Commission 

Principles on the Protection and Promotion of the Ombudsman Institution.  

67   Input from Cyprus for the 2020 Rule of Law Report, p. 42. 
68   Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed.   

11 

 
 
 
 
                                                 
the active civic participation at local level and to promote the role of organised civil society at 
all levels for the purposes of drawing up governmental policies. In addition, the Council of 
Ministers  of  the  Republic  of  Cyprus  approved  three  political  papers  prepared  by  the 
Commissioner,  ‘The  Charter  of  Active  Citizens’,  ‘The  Organized  Civil  Society  of  Cyprus’ 
and  the  ‘Charter  of  the  Rights  and  Responsibilities  of  Volunteers’.  A  House  of  Volunteers 
provides  free  offices  to  NGOs.  However,  the  registration  of  civil  society  organisations 
appears to raise certain concerns. While a new law adopted in 201769 has clarified the rules of 
the  registration  process  and  has  overall  been  welcomed  by  stakeholders70,  the  requirement 
that  organisations  must  have  at  least  20  founding  members  continues  to  be  considered  as 
particularly burdensome71.  

69   Law on  Associations and Foundations and other Related Matters. Input  from Cyprus  for the 2020 Rule of 

Law Report, p. 47. 

70   European Centre for Non-Profit Law, A more progressive NGO Law adopted in Cyprus. 
71   Fundamental Rights Agency, Standing and operational space of non-governmental organisations (NGOs) in 

contributing to respecting and promoting fundamental rights in EU Member States, Cyprus 2017, p. 4. 

12 

 
 
 
 
 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2020 Rule of Law report 

can be found at (COM website). 

Centre  for  Media  Pluralism  and  Media  Freedom  (2020),  2020  Media  pluralism  monitor. 

https://cmpf.eui.eu/media-pluralism-monitor/mpm-2020/.  

CEPEJ (2018), Study on the functioning of judicial systems in the EU Member States.  

CIVICUS, Monitor tracking civic space: Cyprus. https://monitor.civicus.org/country/cyprus/.  

Council  Recommendation  on  the  2020  National  Reform  Programme  of  Cyprus  and  delivering  a 

Council opinion on the 2020 Stability Programme of Cyprus. 

Cypriot Government (2020), Input from Cyprus for the 2020 Rule of Law Report. 

Cyprus Media Complaints Commission (CMCC) Website: http://www.cmcc.org.cy/about_us.html.  

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  European  Programmes,  Coordination  and  Development  -  Europe  2020  Cyprus 

National Reform Programme. 

European  Centre  for  Non-Profit  Law,  A  more  progressive  NGO  Law  adopted  in  Cyprus. 

https://ecnl.org/republic-cyprus-adopted-progressive-ngo-law/. 

European  Commission 

(2018),  Functional 

review  of 

the  courts 

system  of  Cyprus: 

http://www.supremecourt.gov.cy/judicial/sc.nsf/All/4F4B016078A6DA93C22583BD003D9CDB?
OpenDocument.  

European  Commission  (2019),  Creation  of  Objective  Criteria  for  the  recruitment  and  promotion  of 

Judges in Cyprus.  

European Commission (2020), Country report Cyprus, SWD(2020) 512 final. 

European Commission (2019, 2020), the EU Justice Scoreboard.   

European  Network  of  Councils  for  the  Judiciary  (ENCJ)/  Council  of  Bars  and  Law  Societies  of 
Europe (CCBE) Survey among lawyers on the independence of Judges, 2018-2019 - Independence 
and Accountability of the Judiciary. 

European  Network  of  National  Human  Rights  Institutions  (2020),  Contribution  from  the  European 
Network of National Human Rights Institutions for the stakeholder consultation for the 2020 Rule 
of Law Report.   

Fundamental  Rights  Agency  (2020),  Contribution  from  the  Fundamental  Rights  Agency  for  the 

stakeholder consultation for the 2020 Rule of Law Report.   

GRECO (2016), Fourth evaluation round – Evaluation Report on Cyprus on corruption prevention in 

respect of members of Parliament, judges and prosecutors. 

GRECO (2018), Fourth evaluation round – Compliance Report on Cyprus on corruption prevention in 

respect of members of Parliament, judges and prosecutors. 

Journalists’ Code of practice: www.cmcc.org.cy/code_practice.html.  

OECD 

(2019), 

Indicators 

of  Regulatory 

Policy 

and  Governance 

–  Cyprus: 

http://www.oecd.org/gov/regulatory-policy/indicators-of-regulatory-policy-and-governance-2019-
cyprus.pdf  

Reporters without Borders (2020), World Press Freedom Index. 

13 

 
 
 
 
Republic of Cyprus (2020), Reply of the authorities of the Republic of Cyprus regarding the alert with 

title “pipe bomb attack on Cyprus MC Digital News Media Agency Offices”. 

Transparency International (2019), Corruption Perceptions Index. 

Virtual country visit to Cyprus in the context of the 2020 Rule of Law Report. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Annex II: Country visit to Cyprus  

The Commission services held virtual meetings in June 2020 with: 

  Attorney General’s Office 
  Ministry of Interior 
  Ministry of Justice 
  National Police 
  Press and Information Office  
  Radio-Television Authority 
  Supreme Court 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International 
  Civil Liberties Union for Europe 
  Civil Society Europe 
  Conference of European Churches  
  EuroCommerce 
  European Center for Not-for-Profit Law  
  European Centre for Press and Media Freedom 
  European Civic Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
ILGA-Europe 
 
International Commission of Jurists 
 
International Federation for Human Rights  
 
International Press Institute  
  Lifelong learning Platform  
  Open Society Justice Initiative/Open Society European Policy Institute 
  Reporters without Borders  
  Transparency International EU  

15