Filenews 22 December 2025 - by Vassos Vassiliou
Those who initiate legal proceedings against persons who are active in matters of public interest and there are indications that their actions are abusing the judicial process, may then be ordered by the Court to pay the defendant's legal fees.
At the same time, anyone who initiates legal proceedings against such persons (citizens, activists, journalists) is obliged to prove that his action is not manifestly unfounded. In other words, one will not be able to blame anyone, create impressions and have no cost.
The above are included in a bill that harmonizes Cypriot legislation with a European Union Directive, which was published in the Official Journal of the EU on April 11, 2024 and must be incorporated into the domestic legal order by May 7, 2026.
The promoted legislation covers those who are active in matters of public interest" which include any issue that affects the public to such an extent that it can cause them a legitimate interest, in areas such as:
(a) Fundamental rights, public health, security, environment or climate
(b) Activities of a natural or legal person who is a public person in the public or private sector
(c) Cases under review by a legislative, executive or judicial body or any other formal procedure
(d) Allegations of corruption, fraud or any other criminal offences or administrative offences relating to such matters
(e) Actions aimed at protecting the values enshrined in Article 2 of the Treaty on European Union, including the protection of democratic processes from unjustified interference, in particular by combating disinformation.
According to the bill, "abusive judicial proceedings to discourage public participation" means judicial proceedings, which do not have as their main purpose the actual exercise or protection of a right, but aim to prevent, limit or punish public participation, inter alia, by exploiting the imbalance of power between the parties, and in which manifestly unfounded lawsuits are filed with
(a) disproportionate or excessive or unreasonable subject-matter of the action or part thereof, including the excessive value of the dispute;
(b) filing of multiple claims in similar cases by the same plaintiff or persons connected to him;
The bill entitled "The Law of 2025 on the Protection of Persons Who Engage in Public Participation Actions from Manifestly Unfounded Lawsuits or Abusive Judicial Procedures", also provides for the following:
-Possibility to take procedural measures, such as the provision of a financial guarantee, the early dismissal of manifestly unfounded lawsuits and legal protection against abusive court proceedings.
-Expedited examination of applications for early dismissal of manifestly unfounded lawsuits, taking into account the circumstances of the case as well as the right to an effective remedy and an impartial trial.
-Possibility for the defendant to apply for remedies, notwithstanding any subsequent amendments to the pleadings.
-Possibility for the court to order the plaintiff to deposit as security a sum of money for the estimated court costs incurred by the defendant, if it finds that there are indications of abuse of the judicial process.
-Possibility for the court to dismiss, of its own motion or upon application, actions to discourage public participation as manifestly unfounded at an early stage of the judicial process.
-Introduction of a special rule on the burden of proof, with the plaintiff proving that his action is not manifestly unfounded and it is provided that decisions for early rejection are subject to appeal.
-Possibility for the court, of its own motion or upon request, to order the plaintiff to pay the court costs to the defendant, in the event that he has initiated abusive court proceedings.
-Possibility for the court to impose other equally effective measures, such as the payment of compensation by the plaintiff, if this is included in the defendant's counterclaim.
In a text accompanying the bill, the following are also mentioned:
-The purpose of the aforementioned bill is to provide procedural safeguards aimed at addressing manifestly unfounded or abusive judicial proceedings in civil cases, including cases with cross-border implications.
-These proceedings are directed against both natural and legal persons due to their participation in activities of public interest, with particular emphasis on cases involving journalists and human rights defenders. It is pointed out that while the Directive refers only to cross-border cases, the bill provides for its application to domestic cases as well.
