The Council of Ministers considers landmark legislation today that will end the attorney general’s controversial dual role whilst modernising the Law Office and Audit Office, addressing a constitutional issue that has drawn over a decade of European criticism and academic scrutiny.
The reforms will create an entirely independent Director of Public Prosecutions office, separating prosecutorial functions from the attorney general’s advisory responsibilities to government. Justice Minister Marios Hartsiotis confirmed yesterday he had received both draft bills, describing them as substantial documentation accompanied by the attorney general’s explanatory report and constitutional compliance assessment.
President Christodoulides indicated announcements regarding the attorney general reforms may occur before week’s end, fulfilling a pre-election commitment to separate these functions. The changes respond to persistent calls from the Venice Commission, the European Commission’s Rule of Law mechanism, and the Council of Europe’s anti-corruption group GRECO for Cyprus to align with European standards.
Under the proposed legislation, the attorney general retains responsibility as the state’s chief legal adviser and head of the Law Office. All prosecutorial powers transfer to the newly created Director of Public Prosecutions and Deputy Director of Public Prosecutions, who will operate under identical qualification requirements and salary provisions as Supreme Court judges.
Both the attorney general and director of public prosecutions positions will carry eight-year terms without reappointment rights, strengthening institutional independence. The Law Office gains autonomous status separate from direct ministerial oversight, enhancing its capacity to provide independent legal counsel to government departments.
The European Commission highlighted the urgency of these reforms in its Rule of Law Report 2023, recommending Cyprus bolster accountability of the Prosecution Service by providing review mechanisms for prosecutorial decisions. The Commission stressed the need to strengthen independence and accountability within Cyprus’s prosecution framework, taking into account European standards on prosecutorial autonomy.
The Audit Office undergoes parallel transformation with the creation of an Audit Council comprising five members. Beyond the current Auditor General and Deputy Auditor General, three additional appointees will be selected by the President following recommendations from a specialised advisory committee. Comparative analysis revealed that only four European Union countries beyond Cyprus lack defined tenure limits for audit officials.
Constitutional amendment through a two-thirds parliamentary majority is required to modify specific provisions governing the attorney general’s responsibilities. Accompanying legislation will establish organisational structures for the Director of Public Prosecutions office and modify existing laws for framework compliance.
The Venice Commission previously recommended Cyprus replace the Attorney General within the Advisory Judicial Council composition, reflecting broader concerns about separation of powers within the judicial system. These recommendations formed part of comprehensive judicial reform assessments conducted over recent years.
The reforms represent months of expert analysis, consultations and revisions aimed at strengthening Cyprus’s rule of law framework. Current office holders in both the Law Office and Audit Office remain unaffected by transitional arrangements, according to the draft legislation.
European oversight bodies have consistently highlighted three primary concerns: potential conflicts between prosecutorial independence and government advisory functions, misalignment with separation of powers principles common across EU member states, and accountability gaps in prosecutorial decision-making processes.
Read more:
