Commission seeks clearer distinction between AG functions in rule of law report

The European Commission has noted that Cyprus has made some progress on strengthening the independence and the accountability of the  Attorney General compared to 2023.

This was according to the chapter on Cyprus of the annual Rule of Law Report for 2024. However, the European Commission also recommends that the country move forward with plans to adopt legislation which would provide “a clearer distinction between the advisory and the prosecutorial functions of the Attorney General” while establishing an effective review of decisions by the Attorney General not to prosecute or to discontinue proceedings.

The report also notes that there has been significant progress on rules on asset disclosure for elected officials, but also that there has been “no progress” on legislation to ensure "fair and transparent distribution of advertising expenditure by the state and state-owned companies."

The report records "some further progress" on strengthening the rules and mechanisms to enhance the independent governance of public service media, as well as "some progress" on ensuring that the Independent Authority against Corruption can function correctly.

On the EU level, according to a Commission press release, both the EU and the member states are as a whole are much better prepared to detect, prevent and address emerging challenges. Two thirds (68%) of the recommendations issued in 2023 have been, fully or partially, addressed according to the report, however in some member states systematic concerns remain and the situation has further deteriorated.

The report, presented by Commission Vice President for values and transparency, Vera Jourova, and Commissioner for justice, Didier Reynders, covers all 27member states as well as four enlargement countries, Albania, North Macedonia, Montenegro and Serbia (the reports do not include recommendations for these four countries).

The reports cover four pillars of rule of law: the functioning of national justice systems, anti-corruption frameworks and mechanism, media freedom and pluralism especially when it comes to public media, as well as other institutional checks-and balances including when it comes to civil society.

Progress and recommendations for Cyprus

The Commission notes that in relation to the recommendations of the Rule of Law report for 2023, Cyprus has made:

- Some progress on strengthening the independence and the accountability of the Prosecution Service, including by providing for a possibility of review of the decision of the Attorney General not to prosecute or to discontinue proceedings, taking into account European standards on independence and autonomy of the prosecution.

- Some progress on ensuring that the recently established Independent Authority against Corruption has the financial, human and technical resources to effectively perform its competences.

- Significant progress on introducing rules on asset disclosure for elected officials to establish regular and comprehensive filing, combined with effective, regular and full verifications.

- No progress on adopting legislation to ensure fair and transparent distribution of advertising expenditure by the state and state-owned companies.

- Some further progress on advancing with the process aimed at strengthening the rules and mechanisms to enhance the independent governance of public service media taking into account European standards on public service media.

- Some further progress on proceeding with the adoption of the framework for the effective and timely consultation of stakeholders in the legislative process and ensure its implementation.

On this basis, and considering other developments that took place in the period of reference, and in addition to recalling the relevant commitments made under the Recovery and Resilience Plan, it is recommended to Cyprus to:

- Take forward plans to adopt legislation aiming to provide a clearer distinction between the advisory and the prosecutorial functions of the Attorney General and take measures to establish an effective review of its decisions not to prosecute or to discontinue proceedings, taking into account European standards on independence and autonomy of the prosecution.

- Continue the efforts to ensure that the Independent Authority against Corruption has the human and technical resources to effectively perform its competences.

-  Ensure the effective implementation of rules on asset disclosure for elected officials to establish regular and comprehensive filing, combined with effective, regular and full verifications.

- Adopt legislation to ensure fair and transparent distribution of advertising expenditure by the state and state-owned companies.

- Further advance with the process aimed at strengthening the rules and mechanisms to enhance the independent governance of public service media taking into account European standards on public service media.

- Continue efforts to ensure the effective and timely consultation of stakeholders in the legislative process and address shortcomings.

(Source: CNA)