EU Justice and Rule of Law Commissioner Michael McGrath declined to comment on whether Greece could face infringement proceedings, saying the Commission is currently examining the matter.
McGrath was asked about the letter sent by European Public Prosecutor Laura Kovesi to the Commission at the margins of the General Affairs Council, by a correspondent for the Greek newspaper TA NEA. Kovesi’s letter, addressed to the Commission, raised concerns about Greece, though the commissioner did not elaborate on its specific contents.
“The only thing I can say at this stage is that we are looking at the matter. Obviously I am aware of the issue that has been raised and I am following it in the appropriate way,” McGrath said. “We have good cooperation and a good relationship with the Greek authorities and until the matter is fully investigated I cannot comment further.”
Asked whether he was concerned about the situation, McGrath who visited Greece earlier this month, repeated that he could not comment further until his services had completed their work. Asked directly whether Greece faced the prospect of infringement proceedings, he said: “I cannot say that because we are examining the matter at this point.”
What Kovesi’s Letter Says
According to an official statement, Kovesi informed the Commission of developments that she says could negatively affect the independence and effective functioning of the EPPO in Greece. The letter reportedly requests the activation of an EU mechanism that allows action against member states over violations of rule-of-law principles.
The concerns focus on two recent developments. The first is a set of amendments to criminal procedure rules governing the handling of cases involving members of parliament. The second is the decision to renew the mandates of three delegated European prosecutors in Greece for two years rather than the five-year term approved by the College of European Prosecutors.
Kovesi argued that the fast-tracked amendment to Greece’s Code of Criminal Procedure could hinder the EPPO’s ability to investigate and prosecute crimes within its jurisdiction. The letter also criticizes a decision by Greece’s Supreme Judicial Council on the tenure of the three delegated prosecutors, arguing that it may affect the independence of the EPPO’s operations in the country.
According to Kovesi’s letter, these developments raise serious concerns about whether Greek authorities are fully complying with their obligation of sincere cooperation under Article 4(3) of the Treaty on European Union.
