Kovesi's Appeal: The European Prosecutor's Office's Battle in the Supreme Court

The Greek Supreme Court is set to hear a critical case today that could define the institutional weight of the European Public Prosecutor's Office (EPPO) in Greece. The court will examine EPPO's request to overturn a decision by the Supreme Judicial Council (SJC) that shortened the term renewal for three Greek delegated European prosecutors to two years, rather than the five years initially decided by the EPPO College.

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The renewal of the term of the three Greek delegated European prosecutors for two years and not for five, as had already been decided by the College of European Prosecutors.

Leading the charge for the EPPO is its chief, Laura Kövesi, who will be represented in this legal battle by Spyros Vlachopoulos, a professor at the Law School of the University of Athens. A central argument from EPPO is that the sole authority for renewing the mandates of delegated European prosecutors rests with the EPPO College, not the Greek SJC. EPPO contends that the SJC's decision to grant a two-year renewal, instead of five, exceeded the boundaries set by EU law. Furthermore, EPPO argues that if the SJC had any doubts about interpreting the European framework, it should have sought a preliminary ruling from the Court of Justice of the European Union before making its decision.

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One of the main arguments is the assertion that the only competent body for renewing the term of office of the delegated European prosecutors is the College of the European Public Prosecutor's Office and not the Supreme Judicial Council of the Areios Pagos.

Judicial sources indicate that the court will first assess the admissibility of EPPO's appeal. These sources suggest that only the affected prosecutors themselves have the right to appeal, particularly if they had cast negative votes. However, in this instance, the SJC's decision regarding the delegated European prosecutors was reportedly unanimous.

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If there was doubt as to the interpretation of the European framework, the SJC should have submitted a preliminary question to the Court of Justice of the European Union before making any decision.

Regardless of the Supreme Court's verdict, legal circles are closely watching Kövesi's next moves, with speculation that she may escalate the matter to the European Court of Justice. The case, though seemingly procedural, carries significant institutional implications, especially as delegated European prosecutors are actively involved in crucial investigations. The Supreme Court's decision is awaited with anticipation, as is the SJC's selection of three new prosecutors from 25 candidates to bolster the Greek contingent of the EPPO, a request previously made by Kövesi to the Minister of Justice.

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Such a right is only held by the affected prosecutorial officials themselves, provided that they have also received negative votes, while in the case of the delegated European prosecutors, the decision was unanimous.