With its announcement, the Union of Judges and Prosecutors clarifies the landscape regarding the judicial investigations into the Tempe case. Cause, what is attributed to the judicial authorities.
The Union of Judges and Prosecutors points out that “the Greek Judiciary stays out of the political game and Greek Judges and Prosecutors carry out their duties conscientiously.”
At the same time, in the announcement of the country’s largest judicial association, it is pointed out that the Parliament is responsible for any criminal responsibilities of ministers and that the European Public Prosecutor’s Office only investigates and prosecutes offenses once morest the financial interests of the European Union.
In particular, the announcement of the Union of Judges and Prosecutors highlights the following:
* The Greek Judiciary, from the first moment that the tragic accident happened in Tempi, is investigating the criminal responsibilities for the crimes that were committed and no one can attribute any fault or negligence to the relevant judicial investigation, which continues at an unabated rate, moving towards any direction.
* The provision of article 86 of the Constitution applies to the possible criminal responsibilities of Ministers, according to which the investigation of the criminal responsibilities of the above persons, as well as the prosecution, belong to the exclusive competence of the Parliament. This provision of article 86 has been in force since the adoption of the current Constitution and none of the Governments to date has proposed its revision, and it aims at the smooth operation of the direct organs of the state – bodies of the executive power so that on the one hand these bodies do not they are at all times exposed to prosecution in the exercise of their duties, on the other hand their actions at the level of preliminary investigation and prosecution are subject to the competence of the Parliament, i.e. the pre-eminent institutional body for the exercise of Parliamentary Control.
* The European Public Prosecutor’s Office is an institution of the EU, to whose competence belongs only the investigation and prosecution of crimes once morest the economic interests in general of the European Union. The investigation of the criminal responsibilities of the Tempe accident belongs to the exclusive jurisdiction of the Greek Justice, which may use any findings of the investigation of the European Public Prosecutor’s Office in any subject of its competence.
* The European Public Prosecutor in the exercise of her prosecutorial duties is not institutionally correct to recommend the revision of constitutional provisions of the Hellenic Republic, which (revision process) belongs to the competence of the Parliament and is determined by the provision of article 110 of the Constitution. Otherwise, the principle of neutrality and impartiality of the European Public Prosecutor’s Office and citizens’ faith in the institution are shaken.
* Finally, the Greek Judiciary has a distinct jurisdiction, clearly defined, which cannot be substituted or undermined by any institutions of both the European Union and the Greek State. Every judicial investigation is conducted within the current institutional framework, which has never been deemed incompatible either with the Constitution or with EU Law.
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