EU chief prosecutor Laura Kövesi ramped up pressure on Greek Prime Minister Kyriakos Mitsotakis on Thursday, urging constitutional reform to scrap immunity rules that shield ministers from corruption probes involving EU funds.
Speaking at a press conference in Athens, Kövesi singled out Article 86 of Greece’s constitution, which requires that cases against ministers be referred to parliament for authorisation before prosecutions can proceed.
“Article 86 on the liability of ministers is contrary to European legislation and must be changed,” she said, warning that the provision has already weakened ongoing probes.
Kövesi heads the European Public Prosecutor’s Office (EPPO), a Luxembourg-based body set up in 2021 to investigate serious financial crimes affecting EU funds. Greece has been in EPPO’s sights for several high-profile cases, including allegations of misuse of EU farm subsidies and fraud linked to railway safety upgrades before the 2023 Tempi rail disaster, which killed 57 people.
In the Tempi case, EU funds were earmarked for remote-control signalling systems under “Contract 717,” a €41 million project that was never implemented. Kövesi has said the crash might have been avoided had the contract been fulfilled.
EPPO has also uncovered widespread irregularities in the distribution of agricultural subsidies, ranging from forged leases and false claims of land ownership to fictitious farm locations. Both cases point to systemic weaknesses – but attempts to scrutinise senior officials have been blocked by immunity laws.
“Change the constitution and this will not happen again,” Kövesi told reporters.
A long road to reform
Changing Article 86 is politically and procedurally difficult. Constitutional amendments in Greece require a three-fifths majority – 180 out of 300 MPs – in the current parliament, followed by approval from the next parliament elected after national elections. With Mitsotakis’ New Democracy party holding 156 seats, cross-party support is essential.
A government official told Euractiv that Mitsotakis has discussed constitutional reform, including Article 86, with opposition parties, but stressed that changes could only materialise after the 2027 elections. Until then, ongoing EPPO investigations remain hampered.
Tensions with Athens
Kövesi’s demands illustrate the strained relationship between national legal systems and the EU’s prosecutorial body, created in 2021 to investigate fraud involving EU funds.
In January 2024, she took the unusual step of sending a letter to the European Commission, urging it to ensure EU rules enabling EPPO’s work in Greece were enforced. The Commission has so far avoided taking a position. Asked whether it had noted her recent remarks and followed up on Kövesi’s letter, a spokesperson declined to comment.
Two EU officials told Euractiv the executive prefers to wait until EPPO’s mandate is revised, a reform not scheduled until next year. At the EU’s legislative pace, this could mean the EPPO faces more than a year of delay before the issue is addressed.
Judiciary system in the spotlight
Kövesi’s visit also comes against a backdrop of widespread public anger at Greece’s justice system. A March poll found that 74% of Greeks distrust the judiciary, while the Commission’s Rule of Law report flagged persistent concerns over judicial independence.
“The government’s modus operandi is a threefold cycle: corruption, cover-up, and impunity,” Greek socialist PASOK leader Nikos Androulakis said earlier this year at the parliament.
Judicial appointments remain another sore point. Despite a 2024 law allowing judges to submit non-binding opinions on candidates for senior judicial positions, the conservative government ignored the results of a secret ballot by magistrates for eight Supreme Court vice-presidents last July, excluding all those endorsed by judges. The Commission has so far remained silent on this matter.
During her Athens visit, Kövesi met with the ministers of justice, interior and finance, urging more resources for EPPO and authority to open investigations directly in Greece. But such changes would require approval under the planned revision of EPPO’s regulation – and may be further delayed by protracted negotiations over the EU’s new budget.
(cs, vib)