Criminal accountability of ministers, Europe divided between immunity and the rule of legislation | EUROtoday

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In Europe, the legal legal responsibility of ministers stays a troublesome terrain, the place the precept of the rule of legislation clashes with constitutional architectures which, in lots of international locations, proceed to supply strengthened safety to members of the chief. The request made in October by European Prosecutor Laura Kövesi to the Greek authorities to evaluation the controversial “law on the responsibility of ministers” has introduced again to the middle of the talk a query that goes far past the borders of Athens: how equal are residents actually earlier than the legislation in terms of political energy?

The Greek case: when politics decides whether or not justice can act

In Greece, the legal legal responsibility of presidency members is regulated by Article 86 of the Constitution and Law 4622/2019, which regulate the group of the chief and the functioning of the central administration. The coronary heart of the issue lies within the particular process offered for crimes dedicated by ministers and deputy ministers through the train of their duties: solely Parliament has the facility to provoke legal proceedings, with a call requiring an absolute majority of 151 deputies out of 300.

In different phrases, the judicial authority can’t proceed independently, not even to determine preliminary information. Without the political inexperienced mild, the investigation stays blocked. A system which, in follow, has produced an impact of virtually whole immunity, because the parliamentary majority tends to guard its representatives when it’s in authorities and to invoke legal accountability solely when it’s in opposition.

According to Laura Kövesi, this mechanism not solely violates the precept of separation of powers, however comes into direct battle with European legislation, additionally stopping the EPPO from finishing up investigations into attainable crimes involving Union funds. The implicit reference is to circumstances of nice public significance, such because the Tempe practice accident or potential irregularities within the administration of group sources. The result’s an institutional paradox: ministers who, even within the presence of significant accusations, virtually by no means seem earlier than an peculiar courtroom and, in lots of circumstances, aren’t even referred to as upon to supply formal clarifications.

A fragmented European map

The Greek case just isn’t remoted, however is a part of an especially heterogeneous European panorama. Each member state has constructed its personal steadiness over time between the safety of the federal government operate and legal legal responsibility, with typically very completely different outcomes.