Rule of Law report: Greece faces 'warning bells' and stalled recommendations

The European Commission's latest Rule of Law report recognizes some steps forward by Greece but continues to express significant criticism regarding transparency, the justice system, and the protection of journalistic freedom and civil society. Notably, three of the four main recommendations from the previous year have seen little substantial change.

A dedicated section of the report focuses on illegal surveillance software in Greece, examining recent court decisions and subsequent reactions. It specifically mentions the February 2026 ruling by the Athens Court of Misdemeanors, which imposed penalties on four individuals linked to companies trading Predator spyware. While victims viewed this decision positively, it has been appealed, with a secondary trial scheduled for December 2026.

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The Commission acknowledges steps forward from Athens, but maintains a strongly critical tone regarding a series of problems, mainly in the fields of transparency, justice, the protection of journalistic freedom and Civil Society.

However, the report also underscores the April 2026 decision by the Areios Pagos (Supreme Court) prosecutor not to reopen the central investigation, deeming new evidence insufficient. This move sparked strong reactions from opposition parties, journalists, and organizations. Concerns were raised about a potential conflict of interest involving the prosecutor, Konstantinos Tzavellas, due to his prior role overseeing the National Intelligence Service (EYP) during the period in question.

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The decision, which was characterized as a positive step by the victims, has been appealed, and the secondary trial has been scheduled for December 2026.

Further complicating the situation, new applications for retrial and lower-level investigations are pending. The report references an ongoing inquiry into perjury and incitement to perjury concerning individuals involved in court proceedings and a parliamentary inquiry in 2022. This case remains active at the highest levels, with appeals being considered by the Council of State and the European Court of Human Rights.

The report concludes that despite technological upgrades, public and business confidence in the impartiality of the Greek judiciary has further declined. The process for appointing top judicial officials remains unclear, and a legislative framework for a "cooling-off period", preventing retired judges from taking government roles immediately after leaving the bench, has yet to be established. Additionally, the issue of understaffing within the judiciary persists.

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This move sparked strong reactions from the entire opposition, journalists, and organizations, while the possible conflict of interest of the Areios Pagos Prosecutor who handled it, Konstantinos Tzavellas, due to his previous tenure as supervisor of EYP during the period in question, was negatively commented upon.