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[Cyprus Times] Officials impose bigger fines than judges, say MPs on increasing administrative fines

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Criticism has been levelled by MPs for widening the possibility of imposing administrative fines under various laws, on the occasion of an amendment to the Mines and Quarries Regulation Law, with some pointing out that civil servants cannot impose higher fines than the courts.

The law and regulations, which were passed by a majority in the House of Representatives with 26 votes in favour and 5 against, provide for the imposition of exploitation rights also on products produced within a mining lease and from ore sourced from abroad, increasing the financial penalties for offences and increasing the amount of the administrative fine imposed, as well as enabling the Inspector of Mines to impose an administrative fine also in case of violation of the provisions of the regulations issued under the basic law.

AKEL MP Nikos Ketteros said that the party's interventions adopted by the Mines Service gave priority to the use of recycled materials in order to promote the green circular economy. He spoke of a zero-exploitation fee for reused materials and a reduced fee for materials from areas not covered by quarry privilege to 0.40 cents from €1.20.

DIKO MP Panicos Leonidou said that there is a continuous increase, doubling and quintupling of fines as if the state's administrative bodies are above the judiciary and can impose higher fines. He said that respecting the work of the committee, they would vote for the bill but it would be the last time as no other bills should be introduced whereby a public servant can impose a bigger fine than the Chief Justice of the Supreme Court.

DPA MP Michalis Yakoomi said the law establishes a framework that modernizes the mining department and ensures effective control over the collection of mining royalties and the crackdown on illegal quarrying. He also said that he agrees with the reduction of the quarrying fee, especially in the midst of the pandemic and due to the increase in raw materials in the construction sector which will affect the cost of construction.

ELAM MP Linos Papagiannis said that as a position of principle they will not vote for another bill that increases penalties, stating that it is scary the increase in penalties in recent years. The problem, he said, is not the limit of the penalties but the implementation of the legislation.

EPP MP Kostis Efstathiou said that the situation in Cyprus with the issue of fines is deplorable and asked whether such administrative fines exist in other European countries. He expressed the view that resorting to increasing penalties is also an admission of the failure of a system, adding that they will vote against this approach.

DIKO MP Zacharias Koulias said that in this country we have degraded the courts and given powers to ordinary officials to impose multiple fines that courts do not impose. This, he said is unheard of in favoured democratic states. He added that too many people are under pressure of huge fines without the ability to defend themselves in court and said he would vote against the law.



Source: KYPE


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