Partial progress in relation to the strengthening of the independence and accountability of the Prosecutor General was noted by Cyprus in relation to 2023, the Commission notes in the chapter on the country in the annual Report on the Rule of Law for 2024, recommending however that Cyprus promote with the adoption of legislation to "clearer the distinction between the advisory and prosecutorial duties of the Attorney General" and to establish measures to effectively control the Attorney General's ability not to prosecute or proceed to discontinue a proceeding.
The report also noted significant progress in establishing rules for the disclosure of public officials' assets, but noted "no progress" in promoting legislation "to ensure a fair and transparent distribution of advertising spending by the state and state-owned companies."
It is noted that "some further progress" has been made to strengthen the rules and mechanisms for the independence of the public through information. Some progress is still being recorded in relation to ensuring adequate resources for the proper functioning of the Independent Anti-Corruption Authority.
At a pan-European level, according to the Commission, the member states and the EU as a whole are much better prepared to face challenges in the field of the rule of law, while as noted 68% of all the recommendations recorded for the member states in the report of 2023 "have been addressed, in whole or in part".
"It is a preventive tool," noted the Commissioner for Democracy, Vera Jourova, at a press conference presenting the reports together with the Commissioner for Justice, Didier Reyders. As Ms. Jourova pointed out, dialogue is better than starting infringement procedures or activating Article 7, noting however that we should pay more attention to issues and principles of the rule of law as the provisions that exist do not work automatically.
The reports cover all 27 Member States, as well as four countries in the enlargement process, namely Albania, North Macedonia, Montenegro and Serbia, although no recommendations are recorded for these countries.
Responding to a journalist's question regarding the reports that the Commission delayed the publication of the report for political reasons, in view of Ursula von der Leyen's re-election efforts for which Italy's support was considered important, Ms. Jourova noted that "our criticized for issuing this report at the beginning of the summer', as he said it had the effect of giving it less attention, and that if it had been issued at the beginning of July in the middle of EU leadership consultations it would have attracted less attention.
Regarding Italy, Ms. Jourova pointed out that there are recommendations regarding the independence and funding of public media, as well as the protection of journalistic sources.
The reports cover four areas of the rule of law: the situation with regard to the functioning of the judiciary, anti-corruption measures and mechanisms, freedom of the media and in particular public media, and the existence of checks and balances particularly with regard to civil society.
For his part, Mr. Reyders said that the debate on the reports will continue in the EU General Affairs Council, while later on Wednesday he will present the report to the European Parliament's Committee on Civil Liberties (LIBE).
"The report is neither optimistic nor pessimistic," Mr. Reiders stressed, referring to criticism that the reports tend to be overly optimistic. The report, he notes, "objectively describes the situation", adding that "this does not mean that we do not recognize problems".
"The Commission has other tools at its disposal, such as the infringement procedure" but also pressures "through financing" as was done with the Recovery and Resilience Fund, while the Commission also has at its disposal the "nuclear weapon" of the procedure of Article 7, which is currently active only in relation to one country.
"It is important to recognize the importance of the rule of law for competitiveness, the functioning of the single market" noted Mr. Reiders, announcing that the Commission will attempt to expand the geographical coverage of the report.
Among other things, Mr. Reiders made reference to the issues related to transparency regarding state advertising, as well as mechanisms to ensure the independence of public media.
Progress and recommendations for Cyprus
The progress Cyprus has made according to the Commission in relation to the recommendations of the 2023 rule of law report:
– Some progress in strengthening the independence and accountability of the prosecution, including by providing for the possibility of review of decisions of the Prosecutor General not to prosecute or to discontinue the proceedings, taking into account European standards on independence and autonomy of the prosecution.
– Some progress in ensuring that the newly established Independent Anti-Corruption Authority has the financial, human and technical resources to effectively exercise its mandate.
– Significant progress on asset disclosure rules for elected officials to establish a regular and comprehensive filing process, coupled with efficient, regular and full verification.
– No progress in enacting legislation to ensure a fair and transparent distribution of advertising expenditure by the state and state-owned companies.
– Some further progress on the process to strengthen rules and mechanisms to improve the independent governance of public media, taking into account European standards for public media.
– Some further progress in adopting the framework for effective and timely stakeholder consultation in the legislative process and ensuring its implementation.
In the recommendations recorded for Cyprus on the basis of the above findings, as well as on the basis of the country's commitments in the context of the implementation of the Recovery and Resilience Plan, the country is invited to:
– To advance plans for the enactment of legislation aimed at a clearer distinction between the advisory and prosecutorial functions of the Attorney General, and to take steps to establish effective review of decisions not to prosecute or to discontinue proceedings, taking into account the European standards on the independence and autonomy of the prosecution.
– Continue efforts to ensure that the Independent Anti-Corruption Authority has the human and technical resources to effectively exercise its powers.
– To ensure the effective implementation of the rules on the disclosure of the assets of elected officials to establish regular and comprehensive submission, combined with effective, regular and complete verification.
– Enact legislation to ensure fair and transparent distribution of advertising costs by the state and state-owned companies.
– To go further with the process to strengthen the rules and mechanisms to improve the independent governance of public media, taking into account the European standards for public media.
– Continue efforts to ensure effective and timely consultation with stakeholders during the legislative process and address deficiencies.
Better prepared Member States
According to what is mentioned in the relevant Commission announcement, the Member States and the EU as a whole are much better prepared to identify, prevent and face new challenges, which contributes to the good functioning of the single market and a business environment that promotes competitiveness and sustainable development.
As noted, concerns and worsening of the situation continue to be systematically observed in some Member States, with these issues noted in the recommendations of this year's report.
Underlining the importance of the reporting process for the rule of law, the Commission notes that according to today's Eurobarometer report, 7 out of 10 citizens agree that the EU plays an important role in safeguarding the rule of law, while 9 out of 10 citizens consider all states important members to respect EU values.
In terms of EU-wide key findings and recommendations, in the area of justice it is noted that many Member States are implementing or have initiated important reforms to strengthen the independence of the judiciary, including improving appointment procedures and the autonomy of public prosecutors . However, some issues are noted in relation to the independence of the judiciary, with some cases of worsening of the situation.
In the field of dispute resolution, it is noted that compared to last year, Member States have improved their institutional framework, including by increasing the resources for the competent authorities. However, it adds, actions are needed to strengthen prevention, including lobbying, conflict of interest and ensuring effective investigation and prosecution of corruption cases.
In the media sector, it is noted that several Member States took specific measures to improve the safety and working conditions of journalists. The duties and powers of the relevant regulatory authorities have been broadened and expanded, including due to the entry into force of the EU Digital Services Act, as well as the establishment or expansion of online property registries. Concerns are noted, however, regarding the independence and financial viability of public broadcasters, transparency in media ownership, and transparency in the allocation of state advertising.
Finally, in the area of institutional checks and balances, there is an improvement in the quality of legislative processes, while some Member States strengthened the status and resources of human rights institutions, ombudsmen (Ombudsmen) and other independent authorities.
However, in some Member States there are still problem areas such as the use of too fast procedures, quality issues in the preparation of legislation and issues concerning the consultation of interested parties. Civil society and human rights defenders are increasingly facing challenges, legal restrictions and attacks, including systemic restrictions in some Member States.
Source: KYPE
