Bill to restrict officials’ immunity stalls for second time in 13 years

A bill that would make it a criminal offence for Cypriot ministers and senior officials to intentionally violate the Constitution appears headed for the same fate as a similar attempt 13 years ago, after drawing broad opposition at a parliamentary committee hearing on Wednesday.

The Legal Affairs Committee discussed the bill submitted by DISY MP Kyriakos Chatzigiannis, which would expose ministers, deputy ministers and other state officials to imprisonment or fines for acts or omissions that intentionally harm the Republic.

The proposal drew objections from MPs — including members of Chatzigiannis’s own party — as well as from the Cabinet Secretary and representatives of the Law Office and the Justice Ministry.

The core objection was that the bill criminalises political life and would discourage officials from carrying out their duties.

The Cabinet Secretary said that while no one is above the law in principle, the proposal creates distortions and overlaps with the existing legal framework, is too broadly worded, and leaves room for arbitrary interpretation.

She also warned it would create a two-speed system in which ministers face greater legal exposure than MPs or other officials.

Law Office representative Despoina Kyprianou raised serious reservations, saying criminal provisions must define specific rather than vague offences, and that the severity of each act must be established before a penalty can be set. She added that existing legislation already covers most of the conduct the bill seeks to criminalise.

Justice Ministry representative Phaidra Gregoriou noted that two bills on the same issue were submitted in 2013 and subsequently withdrawn, and that a later bill increasing penalties was introduced to address the matter instead.

Committee chair Nicos Tornaritis recalled that the Justice Ministry’s 2013 bill was pulled after MPs raised reservations. He said the committee must be careful about how public wealth is managed and that arrogance has no place in the exercise of public office.

Chatzigiannis defended his proposal, saying the effort was wrongly abandoned in 2020. He said his bill carries no retroactive effect, does not target former ministers, and does not encroach on the Attorney General’s powers or affect ongoing court proceedings.

He cited Germany as the model for his approach and argued that those who exercise power must be accountable to the courts. He pointed to the airbags case as an example of state failures, asking whether leaving the country without water or energy caused no harm to the Republic.

The bill was left in limbo after the hearing. Tornaritis said MPs would examine it further to decide how to proceed.

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