European Commission pushes for asset disclosure of elected officials

The European Commission on Wednesday urged Cyprus to 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.

And it recommended Cyprus introduce rules on asset disclosure for elected officials to establish regular and comprehensive filing, combined with effective, regular and full verifications.

These are two of six recommendations in the Cyprus chapter of the Commission’s Rule of Law report for 2022.

The report includes an overview of the trends in the EU as a whole and 27 country chapters looking at developments in every member state since July 2021.

This year’s report for the first time contains specific recommendations addressed to each member state.

As with previous editions, it examined developments in four key areas for the rule of law: justice systems, the anti-corruption framework, media pluralism and freedom, and other institutional issues linked to checks and balances.

The other four recommendations to Cyprus were:

• 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.
• 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.

In its chapter on Cyprus, the report noted that the structural reforms of the justice system are progressing, albeit with delays.

The draft legislation on the splitting of the current Supreme Court, voted by parliament on July 7, 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 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,” it said.

The report also noted that Cyprus has enacted the law on the protection of whistleblowers and the law on the transparency of lobbying but that legislation on asset disclosure for elected officials remains pending.

The institutional framework was also advanced with the establishment of a National Anti-Corruption Authority. 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, though no progress was made for the general public administration.

Cyprus’ citizenship through investments scheme was phased-out to address the recommendations of an inquiry commission, it added.

As regards the media, the report noted that 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.

But 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.

According to the report, the 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 commission’s report noted that the government adopted an action plan in September 2021 to simplify legislation and reduce bureaucracy.

It has also 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, the report concluded.