The European Public Prosecutor, Laura Covesi, has come back to entertain the impression created by some “circles” in Greece that during her recent meeting with Minister Justice agreed with the government’s handling.
In this context, she considered it her duty to send a message to those who have “flagged” her action that she has not changed her views on the limits of her powers. And she has done so in a way that is completely overt about her intentions, showing that what she is interested in is not in speeding up the procedures for the administration of justice, but in getting involved in political affairs. This is also revealed by its attitude towards the Greek government and Giorgos Florides, which reflects a intense political and institutional confrontation.
It is obvious that Ms Kovesi’s public statements, culminating in her letter to the European Commission criticising recent legislative amendments by the Parliament with decisions “that have a negative impact on the independent and effective functioning of the European Public Prosecutor’s Office (EPPO) in Greece”, exceed the limits of her institutional role. And while in private meetings she acknowledges cooperation with the Greek authorities, in public she adopts more aggressive rhetoric, which shows that Ms. Covessi and her Greek colleagues have misunderstood their role. For it is at least odd to observe that her statements are being instrumentalized by the opposition for petty political criticism.
But besides the government should inform Ms. Covessi that the Greek judiciary is independent and does not owe a reference to foreign institutions, when indeed – as in this case – Ms. Covessi’s “initiatives” violate the delicate balance between national sovereignty and Greece’s obligations as a member of the European Union. And one is particularly struck by the dissonance of the lily-livered constitutionalists and the IOA, who do not seem to be bothered by the fact that the European prosecutor is flouting the Greek constitution which explicitly states that the judiciary is an independent power and judges obey only the constitution and the laws.
As for the late democrats who will take the baton from Ms. Covessi to denounce the government for interfering with her work and obstructing the functioning of the European Public Prosecutor’s Office, we refer them from the many European countries that have differences with her methods and practices to two that can be accused of not respecting the rule of law: Denmark which maintains a permanent exemption from European Justice and Home Affairs cases, protecting its own judicial system. And Sweden, which initially chose to stay out, expressing concerns about the overlap of its own effective control mechanisms.
There is no longer any doubt that Ms. Covessi tends to operate as a “super-inspectorate” that overlooks the particularities of national laws. In Greece in particular, she politicizes her role and uses public rhetoric to exert political pressure, rather than strictly limiting herself to her duties.
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