Rule of Law Report 2024: Contribution of Oxygen for Democracy
On July 24, 2024, the European Commission published the annual Rule of Law Report for the Republic of Cyprus, analyzing the state and challenges of the rule of law in our country. The report includes improvements and recommendations for the government and relevant authorities.
The conclusion of the report is that in 2024, Cyprus continues to face challenges in the area of the rule of law, but it highlights improvements observed compared to 2023. The organization "Oxygen for Democracy" plays a crucial role in strengthening the rule of law in Cyprus in its efforts to improve this situation.
Results from the 2023 Recommendations
The detailed results of the 2023 Rule of Law Report recommendations for Cyprus are:
- Independence and accountability of the prosecuting authority: Some progress was made in strengthening the independence and accountability of the prosecuting authority, with provisions for reviewing the decisions of the Attorney General regarding the non-prosecution or termination of proceedings, considering European standards for the independence and autonomy of the prosecuting authority.
- Independent Anti-Corruption Authority: Some progress was made in securing the necessary financial, human, and technical resources for the effective exercise of its responsibilities.
- Disclosure of assets by elected officials: Significant progress was made in establishing rules for regular and comprehensive asset declarations, combined with effective, regular, and thorough audits.
- Allocation of advertising expenses: Zero progress was made in establishing legislation to ensure the fair and transparent allocation of advertising expenses by the state and state enterprises.
- Independent governance of public media: Some further progress was made in promoting processes aimed at strengthening rules and mechanisms, considering European standards for public media.
- Consultation with stakeholders during the legislative process:: Some further progress was made in promoting the adoption of a framework for effective and timely consultation with stakeholders during the legislative process and ensuring its implementation.
Recommendations for Cyprus
The detailed recommendations/suggestions of the report for improving the state of the rule of law in Cyprus are:
- Separation of duties and control of the Attorney General's decisions: Promote plans for separating advisory and prosecutorial duties and take measures to establish effective control over decisions not to prosecute or terminate proceedings, considering European standards for the independence and autonomy of the prosecuting authority.
- Independent Anti-Corruption Authority: Continue efforts to secure the necessary resources for the effective exercise of its responsibilities.
- Disclosure of assets by elected officials: Ensure the effective implementation of rules for asset declarations, establishing regular and comprehensive submissions combined with effective, regular, and thorough audits.
- Allocation of advertising expenses: Establish legislation to ensure the fair and transparent allocation of advertising expenses by the state and state enterprises.
- Independent governance of public media: Promote processes aimed at strengthening rules and mechanisms, considering European standards for public media.
- Consultation with stakeholders during the legislative process:: Continue efforts to ensure effective and timely consultation with stakeholders during the legislative process and address shortcomings.
Contribution of Oxygen for Democracy του Oxygen for Democracy
The organization Oxygen for Democracy has played a critical role in contributing to the 2024 Rule of Law Report in Cyprus by providing valuable information that contributed to the formulation of recommendations and suggestions to the Republic of Cyprus.
Detailed specific actions and observations of the organization include:
- Proposal for constitutional amendment: The organization supported the need to amend Article 113 of the Constitution of the Republic of Cyprus to separate the advisory and prosecutorial duties of the Attorney General and to create a new independent prosecuting authority. This proposal aims to enhance the independence and accountability of prosecuting authorities.
- Judicial review of the Attorney General's decisions: The organization emphasized the need to establish judicial review mechanisms for decisions by the Prosecuting Authority not to investigate criminal cases. Oxygen for Democracy believes that the lack of such mechanisms undermines public trust and the effectiveness of justice.
- Independent Anti-Corruption Authority: Support for the effective exercise of its responsibilities, particularly in investigating allegations of corruption made against senior officials.
- Funding of political candidates and parties: The organization expressed concerns about exceeding spending limits by candidates, spending by third parties resulting in incomplete financial statements or evidence submission by political candidates and parties, and the misuse of public funding by political parties. Audit reports on the financing of political candidates and parties highlighted significant legislative and practical deficiencies.
- Code of conduct for senior officials and public service: The organization expressed concerns about the delay and leniency of sanctions in cases of unethical behavior among interest groups and senior officials. It also supports the establishment of a unified regulation on conflict of interest for all state employees.
- Disclosure of assets and regulation of forms of remuneration: The organization believes that various forms of remuneration and the verification of MPs' assets cause concern among civil society. It supports the regulation of all forms of remuneration and the adoption of a code of conduct for accepting gifts, hospitality, and other advantages by MPs. It also advocates for the improvement of the asset declaration system to ensure the completeness of declared assets (including those of spouses and dependent family members), the timely publication of declarations, and the submission of asset declarations to an independent and effective verification mechanism to prevent conflicts of interest.
- Consultation with stakeholders during the legislative process: The organization welcomes the Parliament's practice of inviting stakeholders to its permanent committees' meetings to present their views during discussions on legislative proposals. However, it suggests that this practice should be systematically developed and governed by clear rules.
- Quality of the legislative process: The organization believes that the transparency of the legislative process in parliamentary committees should be enhanced.
As an organization, we welcome all reform efforts that have been made so far, which contribute to achieving the goals of establishing a true rule of law in Cyprus. Despite these significant advances, our country continues to face challenges that require further action. Our observations and proposals reflect broader concerns about the need to strengthen the independence and accountability of judicial authorities in Cyprus, as well as to improve transparency and effectively combat corruption.
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