Marios Hartsiotis: Cultural change within the judiciary is challenging but not insurmountable

Marios Hartsiotis, Minister of Justice and Public Order, talks about judicial reform and the challenging task of changing the culture within the judiciary.

There is considerable scepticism about whether Cyprus’ judicial culture can embrace change, potentially hindering reform efforts. What are your thoughts? If cultural change is needed, what steps are being taken to achieve it?

The adage “culture eats strategy for breakfast” highlights the powerful influence of entrenched practices, attitudes and norms that can undermine well-intentioned strategies. Cultural change within the judiciary is challenging but not insurmountable – it requires a multifaceted approach that combines strong leadership, stakeholder engagement, continuous training and accountability measures. This implies that key figures in the judiciary must champion the reforms and articulate a clear vision for the future, demonstrating the benefits of the proposed changes. Engaging judges, lawyers, court staff and other stakeholders in the reform process can foster a sense of ownership and reduce resistance. This can be done through consultations, workshops and collaborative planning sessions. Continuous professional development and training programmes can help shift mindsets and equip judicial personnel with the requisite skills to embrace new practices. Emphasising the importance of efficiency, transparency and modern legal standards is crucial. Introducing incentives for adopting new practices and holding individuals accountable for resisting change can drive cultural transformation. Performance metrics and public reporting on judicial efficiency can also create pressure for change. While the pace of change may be slow, sustained efforts and a clear vision can gradually shift the judicial culture in Cyprus towards one that embraces all necessary reforms.

Despite numerous reforms that have already been implemented, the European Commission’s 2024 Rule of Law Report for Cyprus highlights ongoing transparency and anti-corruption challenges. Can you outline the impact of the Anti-Corruption Authority over its two years of operation?

Undoubtedly, the establishment of the Independent Authority against Corruption, as well as the entering into effect of the two laws – on the protection of whistleblowers and on transparency in the decision-making process (lobbying) respectively – constitutes a strong legislative framework, underlying at the same time the willingness of the Government to deal with corruption issues. From the moment that the Independent Authority became operational, it gained the trust of the citizens of Cyprus. In its two years of operation, it has received more than 200 complaints, including some related to the former President, Ministers and representatives of local authorities. While, the Authority has both a preventive and an investigative role, in the first two years of its operation, priority was given to its investigation mandate. This does not mean, however, that it has not dealt with all the other tasks related to its competencies. It has had a wide range of activities in its preventive role and, more widely, in the framework of the monitoring of the National Strategy Against Corruption and public awareness and training.

The Council of Europe’s 2023 GRECO (Group of States Against Corruption) report highlighted that institutional flaws, including a lack of coordination and resources, were hindering legislative reforms in Cyprus. What measures are being taken to address these issues?

Addressing the institutional flaws highlighted by GRECO requires a comprehensive and coordinated approach. By enhancing coordination, improving resource allocation, strengthening legal frameworks, establishing robust oversight mechanisms and engaging the public, Cyprus can make significant strides in its anti-corruption efforts and ensure the success of legislative reforms. The ongoing commitment and proactive measures being undertaken indicate a strong resolve to overcome these challenges and build a more transparent and accountable system.

Two years have passed since the relevant legislation was enacted but the new Admiralty and Commercial Courts are still not operational. What is causing this delay and when can the business community expect these courts to become operational?

Following the enactment of the relevant law in 2022, providing for the establishment of Commercial and Admiralty Courts, the operation of the said courts and the appointment of judges is under the exclusive competence of the Supreme Court.

The Finance Ministry’s plans for a single authority to supervise the professional services sector have met opposition from the Cyprus Bar Association, which is concerned that such a development would violate the law and jeopardise lawyer-client privilege. How do you respond to these concerns?

The creation of a single supervisory body is a pre-election commitment made by the President of the Republic. The Government is thus proceeding with implementing the single supervisory authority. By a recent decision of the Council of Ministers, the Minister of Finance was appointed as the responsible authority, who will consult with all the relevant bodies to achieve a balanced and effective regulatory environment.

The rollout of the €6 million e-justice system failed due to technical issues, delaying completion to 2025. What is the current status of the rectification efforts? If the contractor misses the new deadline, will the project be reassigned to another company, starting from scratch?

The i-justice and e-justice systems are both dealt with by the Deputy Ministry of Research, Innovation & Digital Policy, as well as by the Supreme Court. The aim of the Government is to overcome any problems that may arise as soon as possible. An effective e-justice system will further enhance the overall ongoing justice reform.

This interview first appeared in the August edition of GOLD magazine. Click here to view it.