Greek constitutional law limits ministerial prosecution, sparking EU criticism and calls for reform regarding accountability.
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Recent scandals, such as those involving TEMPTIs and OPEKEP, have brought issues of corruption, dereliction of duty, and accountability for government leadership to the forefront, highlighting gaps in Greek legislation regarding ministerial responsibility. Citizens are demanding change, leading to calls for constitutional review, including Article 86. European Prosecutor Laura Kovács has publicly stated that Article 86 hinders investigations into cases like TEMPTIs and OPEKEP, urging reforms.
Article 86 of the Greek Constitution grants Parliament the authority to investigate the criminal liability of ministers. While amendments in 2001 and 2003 established mechanisms, they often resulted in political amnesty for officials involved in major scandals. Despite numerous parliamentary proposals since 2011, the actual prosecution of former ministers has been limited, as investigations are heavily influenced by current parliamentary alignments.
The TEMPTIs case exemplified this issue, with the government initially blocking investigations into potential mismanagement before eventually pushing for a controversial referral against one minister under public pressure. Legal experts warn that bypassing established procedures is a mockery of both parliamentary and criminal justice processes.
European prosecutors assert that national laws exempting certain individuals from prosecutorial oversight conflict with EU law, prompting the European Public Prosecutor’s Office (EPPO) to raise concerns with the Commission. The Commission has acknowledged these difficulties and stated it will review relevant regulations.
Internationally, there is a trend toward greater judicial scrutiny of ministerial accountability. Examples include Spain, where ministers face criminal charges under common law, Romania, which has seen increased prosecutions since 2019, and France, which uses a special court for ministers. Italy allows prosecution by the judiciary with limited parliamentary oversight.
