The retirement of MEP Niyazi Kizilgiurek from his position at the University of Cyprus was decided by the Board of Directors of the institution, following an opinion requested by his own legal adviser and also following an opinion of the Attorney General which found a violation of the law in relation to incompatibility.
This decision was taken by the Board of Governors of the University of Cyprus on January 17 and was announced today to the Parliamentary Institutions Committee that was examining the issue. After his election to the European Parliament in 2019, Kizilgiurek had received unpaid leave from the University.
As Auditor General Odysseas Michaelides told the Parliament's Institutions Committee, in his opinion, the Attorney General requests that the competent ministry call the University of Cyprus into compliance on the matter, citing, among other things, arbitrary conduct of the University's Board of Directors, which may have to be judged in the context of abuse of power. However, he said following the University's decision to retire the MEP, the matter has been closed in the best possible way under the circumstances.
The Rector of the University of Cyprus Tasos Christofides said that the University of Cyprus does not consider that it has violated the spirit and substance of the existing legislation. He said that Article 70 of the Constitution provides for the incompatibility for an MP and Minister and a position in a public university, since he is called upon to deal with issues that may concern it, however, this does not apply in the case of an MEP for whom the law concerning MPs was simply transferred in 2004. He also said that the University's legal adviser believes that the 2004 law violates the principle of proportionality and equality and is likely to be ruled unconstitutional if it goes to court. However, he said, until the law is found to be unconstitutional, the University has decided to apply the letter of the law and retire Mr. Kiziljurek. He added that the MEP will have the possibility to appeal the matter before the court, which will eventually decide the case.
At the same time, he said that they consider the specific provisions as anachronistic, which must be changed and for this reason the University has sent a proposal to the Ministry of Education to amend the law concerning it. He also noted that in other foreign countries, especially in Greece, there is the right for officials to hold the position of university professor at the same time.
At the same time, in response to a question, he said that whether the retirement of Mr. Kiziliyurek will be effective from the day of his election or from the day on which the decision comes into effect, this will be seen from the opinions of their legal advisers which they are awaiting.
Asked why the University did not proceed to regulate the issue earlier after having opinions on the matter, he said that although they were in possession of two legal opinions, there were also oral opinions from reputable lawyers saying exactly the opposite and that is why the University consulted a constitutional lawyer.
In his statement to the Committee, Mr. Kiziljurek feels that in this particular case he has been targeted because of his origin.
Speaking to the Commission, Auditor General Odysseas Michaelides said that the provision on the incompatibility of MEPs was introduced in 2004 and confirmed by the Parliament in the law on political parties in 2015. He also said that the law also has provisions for before elections, giving candidates the right to take 40 days of unpaid leave before the elections so that they are not paid by the Cypriot taxpayer.
He also noted that the Parliament in the future could lift any incompatibility which however it did not do in 2015 and all that exists now is another law which is clear and provides that a person who serves in the wider public sector and is elected to office is automatically retired. He also noted that the Senate of the University illegally granted leave without pay to the MEP and ignored four opinions given to them since 2019, while for two and a half years he did nothing.
At the same time, he expressed concern that in a possible trial on the matter the two parties, both Mr. Kiziljirek, as well as the University of Cyprus, consider the law unconstitutional, so no conditions for a fair trial will be created since there will be no opposing view.
He added that the issue was also raised in the case of former Foreign Minister Nikos Christodoulides. He also stressed that the Service does not differentiate the way it acts with regard to race, gender, ethnic origin, etc.
On behalf of the Legal Service, the Prosecutor General expressed his satisfaction with the removal of the illegality and the restoration of legality on the part of the University of Cyprus.
The Chairman of the Committee, DISY MP Demetris Demetriou said that it was positive and necessary for the University to apply the laws and the constitution He also expressed the view that it is a wealth for an academic institution to have MPs, MEPs, ministers or other officials in its ranks. He added that the Commission would take a legislative initiative to solve this anachronism.
At the same time, he said that an attempt was being made by AKEL to politicise the issue, which is not the case, while he said that no one raised the issue because of the origin of the MEP, who is elected by the people and a citizen of the Republic of Cyprus. Equality and egalitarianism, he added, does not discriminate and laws must be applied to everyone and called on AKEL not to look for imaginary enemies.
AKEL MP Andreas Pasiourtides said that the issue of Mr Kizilgiurek's incompatibility has two aspects. He said that the legal aspect has been clarified on the part of the University which decided to retire him, while he expressed the view that the issue will be finally clarified in court if and when the MEP appeals. He also referred to the political aspect, noting that since his election, nationalist circles in the occupied territories have accused him of being a traitor and nationalist circles on the E/C side have accused him of being an agent of the Turks. Unfortunately, he said, some have shown that the whole debate was motivated by either his origin or the party with which he was elected. He also noted that on many occasions Kizilgiurek has strongly defended the Republic of Cyprus, often more strongly than probably expected by others.
PPP - Co-operation MP Marinos Moussioutta said that it is an honour for a state to have MEPs as academics, however he does not consider the issue to be political, but whether or not the laws are respected. He also said that the University could have solved the issue 2.5 years ago. He added that he considers it a big mistake to give the issue dimensions that should not be given and to politicise it.
Ecologist Movement MP Alexandra Attalidou expressed the view that the Commission should look at the law again, since when the 1960 Constitution was made there was neither a European Parliament nor a University. She added that there is an intention by other MPs to look at the issue constitutionally and find a solution that will allow people with knowledge and experience to contribute. She also expressed her support for the T/C MEP, who in the European Parliament defends the interests of the Republic of Cyprus more effectively and convincingly.
Limassol MP Andreas Themistocleous said that there was a heated debate in the Committee, but the important thing is that constitutional order and legitimacy is restored at the University of Cyprus, which in recent years believes that it is above the Constitution, above the laws and has the illusion that they can be unconditionally and limitlessly immune. He added that this illegality that has been going on for the last few years is now being lifted and thanked the Institutions Committee because with its permission the issue was written and discussed.
Tension in the Institutions Committee
During the discussion of the issue in the Institutions Committee, tension was created when the Rector of the University was making his statement and there were interventions by Limassol MP Andreas Themistocleous.
AKEL MP Giorgos Loukaides spoke of a clear violation of the regulation concerning the demonstration of respect to the guests and called on the President of the Committee next time to call Mr Themistocleous to order.
Mr Themistocleous told Mr. Mr. Themistocleous told Mr. Loukaidis that he was not a member of the Commission, while Commission President Dimitris Demetriou said that Mr. Loukaidis was a parliamentary representative, asked for the floor and was given it.
At the same time, Mr. Themistocleous called the characterization of Mr. Loukaidis unfounded, stating that he came to drive the debate. However, he then retracted his comments about being led after AKEL MP Irini Charalambidou said the expression was unacceptable, while the same MP apologised to Mr Christofides on behalf of the MPs.
And Ecologists MP Alexandra Attalidou apologised for Mr Themistocleous' behaviour, stating that it was humiliating to interrupt, laugh and mock the rector of the University.
Source: CNA
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