Candidate for the Presidency of the Hellenic Republic, Andreas Mavroyiannis, presents his proposals for the foundation of the Rule of Law. In a statement, Mavroyiannis' staff divides the reforms into two pillars, divided as follows: institutional modernization and control systems, public administration in the new era, local government and other proposals.
According to the acronym, "the state, through its main arms - the public administration, its institutions, public bodies and independent institutions - must operate in such a way that it achieves its mission to the greatest extent possible: to serve the citizens, Society, the Economy and the country at large, through building an environment of prosperity, security, confidence, trust, solvency and credibility, ensuring in all aspects of state functioning the principles of legitimacy, transparency, meritocracy and accountability".
"In the last decade," he adds, "our country has witnessed an unprecedented erosion of institutions from within. The undermining of independent institutions by the government itself has inevitably led to their devaluation and the weakening of their work. At the same time, the appointment of political figures to key positions and positions of independent officials led to a legitimate questioning of their impartiality and independence, but also to a complete breakdown of the relationship of trust between citizens and the State."
"At the same time," he continues, "any efforts to modernize the civil service over the last decade have been fragmented, prove ineffective and lack vision. The speed and quality of service delivery by the State to citizens remains at very low levels."
Mr Mavroyiannis' vision is to regain the lost trust of citizens towards the State and its institutions, public officials and in general those who exercise public authority or have the responsibility of making important decisions, according to the statement, as well as "to see our children grow up in a country where democracy, transparency, meritocracy and accountability are principles that will be respected and applied by all state authorities and by all independent institutions. Where there will be no room for the partisanship of those in power and the preferential treatment of party friends and relatives."
Furthermore, his vision, he says, is "to live and create under a flexible model of public service that meets the demands and challenges of the New Era and that makes the experience of citizens and businesses in their dealings and communication with the public administration efficient and comfortable."
Furthermore, his vision is "to live and create under a flexible model of public service that meets the demands and challenges of the New Era and that makes the experience of citizens and businesses in their dealings and communication with the public administration efficient and comfortable. A model of State that is reliable, fair and quick in its decisions and that truly serves citizens and businesses without inconveniencing them."
His own governance, he underlines, "will proceed with the central premise that the concept of the Rule of Law is the quintessence of any modern polity. We envision a country where the State serves its citizens on the basis of the Constitution, respect for the letter and spirit of the laws of the State, morality and a sense of justice and fairness, as well as the principles and values of modern European states. A country where State officials and other authorities, by their actions and deeds, will be a shining example for the establishment of equality and meritocracy. A country where its citizens, men and women, will feel and be equal before the law."
To achieve the state he envisages, he puts forward his proposals, which are set out below:
Progressive modernization of the state, institutions and public administration
Institutional modernization and control systems
- Institutional/legislative regulation of term limits in various state offices and rotation in key civil service positions.
- Reform of the Legal Service and separation of the function of public prosecutor from the function of legal adviser to the state.
- Establish eligibility and suitability criteria for all appointments and ensure the consultative participation of other bodies before the final decision is taken by the CoR, which has the constitutional power (Independent Institutions, Presidents and Members of Semi-State Organizations, Commissioners, etc.).
- Limitation of eligibility of holders of public office or members of the highest political body of political parties to the positions of both independent officials and Presidents and Members of public utility institutions.
- The "Due Diligence" must find its primordial role as a mechanism for detecting illicit enrichment, abuse, interlocking and corruption and be directly linked to the mechanisms of control and repression. It is necessary to modernise the relevant declaration and to extend the list of controlled persons for the purposes of its submission. The list should be extended to include, inter alia, the three branches of government (executive, legislative, judicial) and all those who manage public money in the exercise of public authority or, by virtue of their position, take important decisions affecting public finances or public administration.
- The declaration may take the form of a Capital Statement, on the model of the corresponding declaration required by the Department of Taxation, and be submitted at the same time as the annual tax return. These statements, together with the comments of the Department of Taxation, which will be responsible for their technical processing, to be forwarded to the Tripartite Committee on the Defence. Extend the list of controlled persons for the purposes of filing a Declaration of Assets.
- Effective mechanisms to ensure the fight against corruption, by strengthening transparency and accountability, with clear and measurable criteria and based on their efficiency and effectiveness.
- Mandatory confiscation of assets, of commensurate value, of former and current state officials and public servants convicted of offences of tax evasion, embezzlement and misappropriation of public funds, as well as their close relatives by blood and/or marriage, if proven to be involved.
- Legislating stricter penalties to prevent the commission of offences against the State.
- Facilitating citizens' accessibility to the authorities, particularly in terms of securing public documents and service and transparency in relation to decisions affecting them, through public hearings and accountability.
- Facilitating citizens' accessibility to the authorities, particularly in terms of securing public documents and service and transparency in relation to decisions affecting them, through public hearings and accountability.
- Establish an Office of Chief Scientific Advisor, along the lines of the Chief Scientific Advisor institution that exists abroad, and strengthen the role of the Chief Scientific Advisor that already exists.
- Implement effective internal control mechanisms in each Ministry, Semi-State Agency or Public Authority. Establishment of corresponding Complaints Offices for citizens.
- Modernisation and effective implementation of legislation on incompatibility and conflict of interest between state and state officials.
- Legislation to regulate the financial activities of non-governmental organisations, with a view to ensuring transparency and control over their funding.
- Publication of audited accounts of the media, while informing the public about the beneficial owners, including parents, subsidiaries and affiliated companies.
- Comprehensive regulation of the financial obligations of the Church of Cyprus and transparency in its business and financial relationship with the state.
- Complete separation of the state from the Church at all levels.
Public administration in the new era
- Creation of a Policy Planning Council, of an advisory nature, under the President of the Republic, with responsibility for policy making on all critical issues concerning the Cyprus State. The Council will consist of a small group of policy advisors - whose selection will be based on best international practices - and will be flanked by competent technocrats and government and service officials.
- Our aim is to link the Policy Planning Council with a think tank created by the academic and scientific community, which will be able to contribute to policy formulation and production. We seek to have long-term strategic planning, based on expertise and scholarship, for policies that will shield and serve the Cypriot citizen.
- Assigning to the Deputy Minister to the President the responsibility for the coordination, monitoring, control and evaluation of the degree of implementation of the governance programme and the implementation of the decisions of the Council of Ministers, including through the establishment of measurable performance indicators.
- Assigning to the Deputy Minister to the President the responsibility for the coordination, monitoring, control and evaluation of the degree of implementation of the governance programme and the implementation of the decisions of the Council of Ministers, including through the establishment of measurable performance indicators. To assist the work of the Deputy Minister, establish a Directorate General in the Presidency and appoint a Director General, who will also act as Secretary to the Council of Ministers.
Local Government
- Promoting decentralisation through a broad redistribution of resources and powers between the Central State and Local Government.
- Strengthening transparency and accountability, reinforcing elements of participatory democracy.
- Taking the lead in EU regional policy, contribute to the creation of a new harmonious relationship of synergy and complementarity between the local, national and supranational (EU) levels.
Other proposals
- Strengthen existing legislation on mobility to allow for the rapid transfer of officials from their posts to where they are most needed and useful in order to best serve citizens, while at the same time adopting incentives to encourage officials to pursue mobility.
- Establish and regulate the possibility for civil servants to work in European Union institutions without losing their organic position in the public service. The continuous osmosis between the Cypriot public service and the EU institutions is closely intertwined with the successful promotion of our positions and our full participation in the EU.
- Commissioning a full evaluation of the staffing of the Public Service, based on the modern needs and obligations to support the economy and society.
- Extensive training of civil servants in modern skills to better serve citizens and businesses.
- Implementation of a new innovative model of performance management and human resources evaluation in public organisations, linking organisational evaluation and assessment of the achievement of the strategic objectives of the organisations with the new staff evaluation system. Among other things, the gradual certification of the various government departments, particularly those serving the public, with the ISO 9001 Quality Management System will be implemented. At the same time, the voluntary evaluation of supervisors by subordinates will be promoted, as well as the self-evaluation of the Agencies with specific tools and methodologies, in order to implement improvement measures, such as the full implementation of the Common Evaluation Framework, as provided for in the legislation on the reform of the Public Administration.
- Investing in the upgrading of the technology and equipment used by the State machine, in order to become not only more effective and efficient in its internal processes (zero Establishment of a minimum number of days of mandatory training for employees.
- Establishment of regular surveys of the degree of satisfaction of citizens with the service they receive from government departments and publication of the results.
- Expansion of e-government, with a simultaneous change in structures and a radical redesign of the procedures followed, with the aim of simplifying, speeding up and upgrading the services provided. In this context, among other things, it is necessary to ensure as soon as possible, with the written authorisation of the citizen concerned, the electronic interconnection of the databases of the various State Information Warehouses, in order to enable the citizen to be served in the simplest and fastest way, without the burden of collecting and submitting a number of documents from various services. With the recent adoption of the first package, we should focus on reforming the first instance jurisdiction, first of all resolving the long-standing problem of delays in the adjudication of thousands of cases.
- Ensuring the right of access to justice for all, regardless of income. A mechanism for monitoring the institution of legal aid, extending the right to legal aid on the basis of socio-economic criteria and supporting pro bono legal aid schemes.
- Modernisation of institutions and simplification of civil procedure procedures. Modernisation and efficiency of the law on enforcement of judgments.
- Establishment of a Small Claims Court to relieve the District Courts.
- Reform of the jurisdiction of first instance, with the introduction of thematic separation, in order to achieve both specialisation and the qualitative and speedy delivery of decisions;
- Support, reinforcement and promotion of the Alternative Dispute Resolution system and in particular the institutions of arbitration, adjudication and mediation. At the same time, promote Cyprus as a regional centre for the resolution of international private disputes.
- Radically revise and modernise the Penal Code.
- Accelerate the establishment of a Juvenile Court and the implementation of a comprehensive correctional policy exclusively for juvenile offenders.
- Legislate the institution of the Office of the Commissioner for Legislation and strengthen it to enable the revision and modernisation of the law.
- Operate a School of Magistrates, in line with the standards of similar schools abroad.
- Immediate implementation and continuous modernisation of e-Justice at all levels, including the digitisation of the Court of First Instance.
- Implementation of ODR (online dispute resolution), in particular in proceedings where testimony is not required, such as in review jurisdiction and the International Protection Court.
- Legislative regulation of the implementation by the Administration of the decisions of the Administrative Court.
- Adoption of transparent procedures for the appointment and promotion of judges, in cooperation with the Supreme Court.
- Adoption of transparent procedures for the appointment and promotion of judges, in cooperation with the Supreme Court.
- Further strengthen and modernise the Legal Service, including the creation of a separate special and unified Public Prosecutor's Department.
- Establishment of a permanent Law Review Committee, drawing on lawyers, lawyers and academics from Cyprus' university faculties.
- Establishment of a permanent advisory committee on International Law.
- Acceleration of the procedures for the construction of the Nicosia District Court.
- Expediting the procedures for the construction of the Nicosia District Court.
Correctional system
- Radical modernisation of the penitentiary system by strengthening programmes to reduce the risk of recidivism of ex-offenders.
- Establishment of a separate Social Reintegration Service for ex-offenders.
- Strengthening the institution of conditional release and introducing transparent criteria in the pardon process.
- Examining applications for release without delay, within the timeframe of the right to apply.
- Focus on the area of education of prisoners and cultivate the possibilities of interaction with society for their smooth reintegration.
- Improve procedures for the application of alternative sentencing for drug addicts.
- Review the structures and improve the infrastructure in the Central Prison, as well as in other places of confinement of defendants and convicts.
Prevention
- Establish a fixed percentage of GDP, not less than what is currently provided for the detention, feeding and maintenance of re-arrested prisoners and for prevention programmes.
- Primary level, aimed at the whole population, through education programmes, with a particular focus on young people and any social group where it could help to prevent the creation of conditions for criminal activity or anti-social behaviour.
The aim will be to educate the public and make them aware of the threats both to society as a whole and to citizens, in a constructive and cooperative spirit.
- Secondary level, focusing on the fight against corruption, money laundering and, more generally, the conditions that give rise to these phenomena. Creation of councils with state subsidies for programmes aimed at social groups with proven problems.
- Creation and operation of a Centre for Research and Statistical Analysis of the phenomena, in order to provide further attention to the sectors with the most serious problems.
Our proposals for the Progressive Modernisation of the State, Institutions and Public Administration are posted at the link: https:/mavroyiannis.cy/programma-diakivernisis/eksughronismos-kratous/
Our proposals for Rule of Law, are posted at the link: https:/mavroyiannis.cy/programma-diakivernisis/kratos-dikaiou/
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