Debate: The erosion of the rule of law in Greece: the wiretapping scandal and media freedom
Date: WEDNESDAY, 15 FEBRUARY 2023
Speaker: Mairead McGuinness
Language: EN

I want to say at the very outset that the Commission is monitoring developments concerning the rule of law in Greece in the context of its annual Rule of Law Report, as it does for all Member States. We adopted the third edition of this report in July last. It included – for the first time – country-specific recommendations to all the Member States. And let me outline the recommendations made to Greece, as well as other relevant developments concerning this Member State.  First, as regards the justice system, a recommendation to Greece in the 2022 Rule of Law Report concerns the need for involvement of the judiciary in the appointment of the President and Vice-President of the Council of State, the Supreme Court and the Court of Auditors, taking into account European standards on judicial appointments. This issue has been raised already in the first and second Rule of Law Reports, as well as by GRECO.  The report also notes that Greece has adopted a number of measures aiming to improve the efficiency and the quality of the Greek justice system, while several challenges still remain to be addressed – notably as regards the efficiency of justice. While we have seen improvements in the digitalisation of administrative justice, shortcomings still exist as regards the digitalisation of civil justice. The ongoing revision of the judicial map is a positive development, bearing in mind that judges who would be transferred in the course of the reform should benefit from procedural safeguards according to European standards. Regarding the anti-corruption framework, the Rule of Law Report reflects that, while the number of asset declarations being filed has increased and all are verified for their completeness, their accuracy is only verified in a limited percentage. In this context, the Commission has recommended to Greece to ensure the effective and systematic verification of the accuracy of asset disclosures filed by all types of public officials.  Moreover, in 2021, a limited number of prosecutions related to corruption were taken forward, although progress on final decisions remains to be established. And this is why the Commission has also recommended to increase efforts to establish a robust track record of prosecutions and final judgments in corruption cases.  Let me move now to media freedom and media pluralism. The Rule of Law Report also addressed the situation of journalists in Greece, which has raised significant concerns due to the fact that several journalists have faced threats and physical attacks while their professional environment has further deteriorated.  The Commission issued a specific recommendation to Greece on this issue, aiming at establishing legislative and other safeguards to improve the physical safety and working environment of journalists, taking into account European standards on the protection of journalists, including the Commission’s Recommendation on the safety of journalists, adopted in 2021.  The report also noted that the Greek Government has recently signed a Memorandum of Understanding on the protection, safety and empowerment of journalists and other media professionals, which contains a common framework of cooperation among the different ministries, including the preparation of proposals for legislative and non-legislative initiatives to ensure the protection of journalists. The Commission’s proposal for a European media act, adopted in September last year, contains a number of provisions aimed at enhancing media freedom and protecting journalists, including articles dedicated to surveillance and the use of spyware by public authorities. As regards other institutional issues – the last pillar of the Rule of Law Report – the Commission would like to underline that registration requirements for civil society organisations should be proportionate, whatever the field in which they act, in view of maintaining an open framework for them to operate as outlined and, indeed, underlined in one of our recommendations in the report. Such legislation continues to raise concerns as regards its impact on the ability of NGOs to operate in Greece and to receive financial support.  As regards the law-making procedures, whilst underlining that work on improving the quality of the legislation process continues, challenges remain, such as a short time frame for public consultation.  Let me move now to the issue of wiretapping and spyware. Let me reiterate that the Commission strongly condemns any illegal access to interpersonal communications, either by traditional means or wiretapping or spyware. The EU has a strong legal framework for data protection and privacy, which must be respected. The Commission notes that the Greek Government recently passed a law regarding the rules on wiretapping for purposes of national security and the fight against crime and the use of spyware.  As regards the purchase and use of spyware by public authorities, a decree –not yet adopted – has to specify all applicable conditions. The issue of spyware in Greece was addressed in the Rule of Law Report. We note that in the last months there were further reports of surveillance, including politicians, journalists and officials of the armed forces.  We also understand that various investigations are ongoing. The Commission expects that supervisory authorities and the courts will make full use of all their powers to thoroughly examine any such allegations and to restore citizens’ trust. The individuals concerned must be able to exercise their rights to data protection and privacy, and their right to an effective judicial remedy, which presupposes their right to be informed about having been subject to surveillance or wiretapping. This right to be informed can be subject to delays and restrictions provided for by national law, if necessary to avoid jeopardising criminal and national security investigations.  The Commission received information from the Greek authorities on these recent developments and will keep on following the situation closely.