The Plenary Session of Greece’s Supreme Court, the Areios Pagos, has rejected as inadmissible Laura Kovesi’s legal challenge against the Supreme Judicial Council’s (ADSC) decision to extend the terms of three Greek euro-prosecutors for two years—rather than the full five-year mandate—following the expiry of their initial appointments on 30 June.
Who Are the Prosecutors Involved?
The three prosecutors are Popi Papandreou, Charikleia Thanou, and Antonis Mouzakis—the appointed national prosecutors serving at Greece’s branch of the European Public Prosecutor’s Office (EPPO). They have led high-profile investigations in recent years, including key aspects of the Tempi train disaster case and the OPEKEPE corruption scandal.
Why Was the Appeal Rejected?
The Areios Pagos ruled, by a vote of 72 to 10, that Kovesi—who serves as the European Chief Prosecutor—lacks standing to file such an appeal under Greek law. According to domestic legal provisions, only the judicial officers directly affected by an administrative decision may appeal to the Supreme Court’s Plenary Session. Since the ADSC’s decision to renew the prosecutors’ mandates for two years was unanimous, even the prosecutors themselves hold no right of appeal.
Kovesi had argued that the European Commission’s College of Commissioners had recommended full five-year reappointments—consistent with EPPO regulations—and that Greek authorities were obligated to comply. The Court, however, found her challenge legally inadmissible on procedural grounds.
Dissenting Opinion and EU Law Questions
Ten Areios Pagos judges dissented, suggesting the Court should have referred preliminary questions to the Court of Justice of the European Union (CJEU)—both on whether Kovesi has standing to act in this matter and on which authority holds competence over renewing euro-prosecutors’ mandates under EU law.
Professor Spyros Vlachopoulos, a prominent legal scholar who represented Kovesi, supported this view, emphasizing that EU law takes precedence over national law and that unilateral national interpretations risk undermining the uniform application of EPPO rules across member states.
No Personal Appearance by Kovesi
Although formally summoned to present her position before the Court, Kovesi did not appear in person and was represented solely by Professor Vlachopoulos.
New Appointments Underway
Meanwhile, the Supreme Judicial Council is set to appoint three new national prosecutors to fill the EPPO’s Greek office—after the Greek government increased the number of authorized positions from 10 to 13, responding to Kovesi’s request. Around 20 prosecutors have expressed interest in the roles. Among the leading candidates are Dimitris Zimianitis—a former EPPO prosecutor—and Olympia Kl…