Constitutional shield stalls European Prosecutor’s probes in Greece

Constitutional immunity for ministers and even ex-ministers has once again derailed a major investigation by the European Public Prosecutor’s Office (EPPO) in Greece.

In a move that highlights growing tensions between national legal frameworks and EU accountability standards, EPPO has been forced to hand over evidence implicating two former agriculture ministers in the misuse of EU funds to the Hellenic Parliament.

According to information and documents revealed by IBNA, EPPO is considering the possible involvement of former rural Development and Food Ministers Makis Voridis and Lefteris Avgenakis in offences related to embezzlement of European agricultural funds.

Brussels strikes hard: Greece hit with €415 million CAP fine over systemic failures

As with the deadly 2023 Tempi train crash probe, Greek constitutional protections, often used to shield political allies, are blocking prosecutors from pursuing high-level wrongdoing, a situation that European Chief Prosecutor Laura Kövesi says breaches EU law and undermines the very purpose of EPPO’s mandate.

On 19 June, the EPPO has referred to the Hellenic Parliament information regarding the alleged involvement of two former Greek Ministers of Rural Development and Food in criminal activities related to EU funds.

In line with the Greek Constitution, only the national Parliament is authorised to investigate or prosecute serving or former members of government for acts committed during their term in office. This legal limitation has effectively forced the EPPO to separate part of its ongoing probe into an alleged fraud scheme involving EU agricultural funds and public officials of the Greek Payment and Control Agency (OPEKEPE).

The recent developments in Greece and Bulgaria highlight structural and legal obstacles faced by the EPPO in fulfilling its mandate to protect EU financial interests. In both countries, entrenched constitutional protections and political influence are undermining the prosecutorial independence that lies at the heart of the EPPO framework.

In Greece, the constitutional immunity of ministers, frequently used by parties in power to shield their own, has now obstructed two major investigations involving EU funds and a deadly public safety failure. Similarly, in Bulgaria, alleged political interference and institutional resistance have triggered an internal crisis within the EPPO itself.

These cases reinforce concerns that national legal frameworks and shadow interest in parts of the Balkans are incompatible with EU standards for accountability and transparency, particularly where political elites are involved.

Greece investigation

The EPPO’s resent investigation in Greece had uncovered evidence pointing to potential complicity by the two ex-ministers in orchestrating or facilitating the misuse of EU funds while in office. However, Greek law prohibits the EPPO from pursuing such cases independently when they concern government officials. As a result, EPPO was compelled to transfer the case to the national legislature and has notified the European Commission of what it views as a breach of EU law.

The current impasse follows previous tensions between EPPO and Greek authorities. In October 2024, European Chief Prosecutor Laura Kövesi publicly criticised Greece’s constitutional provisions granting ministers immunity, arguing that they hindered investigations and contravened European law.

The case in question concerns the 2023 Tempi train crash, which killed 57 people, mostly young people. Kövesi had launched an investigation into the non-implementation of the EU-funded “717 contract” from 2014, intended to upgrade Greek rail signalling and remote-control systems. Analysts argue that had these systems been operational, the fatal crash might have been avoided.

Despite indicting 23 individuals, Kövesi’s probe stalled due to constitutional barriers. The Greek Parliament’s committee eventually ruled that no minister bore criminal responsibility. Kövesi reiterated in the European Parliament that the regulation governing EPPO conflicts with national provisions, which require such matters to be handled solely by parliamentary committees.

A letter from Maria Karystianou, representing victims’ families, was sent to Commission President Ursula von der Leyen and criticised the decision to assign the transport portfolio to a Greek commissioner.

Indeed, Greece’s Apostolos Tzitzikostas is Commissioner for Sustainable Transport and Tourism. Karystianou is expected to speak at the European Parliament for a third time, maintaining pressure for justice and transparency.

While justice stalls in Greece, EPPO pushes forward in the Tempi railway tragedy probe

Bulgaria: EPPO suspends its national member amid internal probe

The EPPO also faces turmoil in Bulgaria. On 28 March, the office announced the suspension of Teodora Georgieva, the Bulgarian European Prosecutor, citing the need to safeguard the integrity of ongoing investigations. Chief Prosecutor Kövesi informed EU institutions of an internal inquiry into Georgieva’s conduct. So far no results of the administrative inquiry regarding Georgieva have been announced.

According to Georgieva, the suspension followed her withdrawal from an investigation into alleged corruption and extortion linked to the reconstruction of the Chiren gas storage facility – a critical energy infrastructure project in the Balkans, financed with €78 million from the European Climate, Infrastructure and Environment Executive Agency (CINEA).

Georgieva claimed she had faced pressure from powerful Bulgarian MEP Delyan Peevski, who is sanctioned by both the US and the UK for corruption. Peevski has denied the allegations. The investigation into the Chiren project was launched in August 2024 after whistleblowers from the Bulgarian Energy and Mining Forum raised concerns about irregularities and risks stemming from drilling operations.

Earlier, Kövesi had also accused Bulgarian police of obstructing an EPPO investigation related to the procurement of buses, raising further concerns about interference in EU-level probes in Bulgaria.

Edited by d.d.

Caption: EPPO chief prosecutor Laura Kövesi/European parliament multimedia center