European Parliament: Questions from Nikos Anadiotis to the European Prosecutor about the crime in Tempi – 2024-10-05 05:35:49

The “NIKIS” MEP, Nikolaos Anadiotis, submitted a series of written questions to the European Attorney General, Mrs. Laura Kovesi, about the limits of competence between the European Public Prosecutor’s Office and the Greek National Authorities, on the occasion of her new statement about the impossibility of continuing her investigation in the case of the inspection of Convention 717/2014, which concerns railway safety in Greece and the Tempe accident.

The European Prosecutor, during yesterday’s meeting of the LIBE Committee, in the European Parliament, reiterated her position on the limitations set by the Parliamentary Inquiry Committee and on the inability to bring criminal charges against political figures

In particular, Mrs. Kovesi repeated yesterday “We did an investigation last December and brought criminal charges against 23 decision-makers, but the Parliamentary Committee does not give us the right to continue based on the Constitution and which opposes the Regulation of the European Public Prosecutor’s Office…”. This is the exact same answer he had given in March 2024 “We have prosecuted 23 public officials and, as required by the Greek constitution, we have failed to investigate former ministers who may have been suspected in the case… In our view, this violates the Rules of Procedure and European legislation and we should be able to go all the way with this investigation because everything we are looking at is related to how the money was spent on this project and what happened in the end…».

Based on the above, Nikos Anadiotis asked the Prosecutor about the reasons, firstly, for the non-use of the provisions of the Treaty on the Functioning of the European Union and in particular article 325 for the fight against illegal activities to the detriment of the financial interests of the EU. , secondly, the non-compliance with article 29, par. 1 of Regulation 2017/1939, thirdly, the referral of the case of the Convention in question to the National Greek Authorities and, fourthly, the delay of the relevant referral request, as well as any intention of to exercise its competence, satisfying the legitimate request of the relatives of the victims.

The MEP’s questions:

1. Why don’t you make use of the provisions of the Treaty on the Functioning of the European Union and in particular article 325 on the fight against illegal activities to the detriment of the financial interests of the EU, which has been judged by the Court of Justice of the European Union to have direct effect and which, based on the principle of supremacy, overrides the internal provisions, including those of the Constitution, as is article 86S?
2. For what reason, in any case, did you not comply with the provisions of article 29 par. 1 of Regulation 2017/1939, according to which:

“In the event that the investigations of the European Public Prosecutor’s Office concern persons who enjoy privilege or immunity under national law and where said privilege or immunity interferes with a specific ongoing investigation, the European Prosecutor General submits a reasoned written request for its removal in accordance with the procedures provided for in said national law.”

and therefore you did not submit directly to the Greek Parliament a reasoned request for the lifting of the immunity of two former Ministers, for whom you have already declared that you consider them suspicious of alleged criminal acts of fraud against the financial interests of the EU, requesting the lifting of their immunity ,in order to carry out your research?

3. Why, while you recognize that the immunity of Ministers according to the Constitution of Greece contradicts the Regulation of the European Public Prosecutor’s Office and you even stated that you have sent a relevant letter to the European Commission, did you refer the case of Convention 717/2014 to the national authorities, instead of handle it yourself, taking into account that in the relevant decision of 11^usection of the European Public Prosecutor’s Office on referral to the national authorities – about which you have not informed the European Parliament to date – does it state that the European Public Prosecutor’s Office has jurisdiction over this case?
4. You are aware that, while the decision to refer to the national authorities of 11^uDepartment of the European Public Prosecutor’s Office was issued at the beginning of June 2023, presenting as reasons the lack of clear national procedural rules and the threat of an alleged and not actually occurring risk of the statute of limitations of the investigated criminal acts for the two pr. Ministers, the request was only discussed in November 2023 in the Plenary Session of the Hellenic Parliament and in fact only after a request was submitted by the opposition for the establishment of a preliminary committee to lift the immunity of the two pr. Ministers, which of course was rejected by the governing majority?
5. You intend to accept the legal request that the relatives of the victims have submitted to You regarding the exercise of your powers:

(a) to re-investigate the case on the basis of the rule of supremacy of Union law over national law, including the Constitution of Greece and in any case

(b) to submit a reasoned request to lift the immunity of the two pr. Ministers pursuant to article 29 par. 1 of Regulation 2017/1939, in order to comply with the mandated by it (the Regulation) and, therefore, to proceed with your investigation?