Follow up to T9-0069/2024

Follow up to the European Parliament non-legislative resolution on the rule of law and media freedom in Greece

Resolution tabled pursuant to Rule 132 (2) of the European Parliament's Rules of procedure

Reference numbers: 2024/2502 (RSP) / B9-0098/2024 / P9_TA(2024)0069

Date of adoption of the resolution: 7 February 2024

Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)

Brief analysis/ assessment of the resolution and requests made in it:

The resolution expresses severe concerns about threats to democracy, the rule of law and fundamental rights in Greece.

Regarding media freedom, Parliament is concerned by the lack of progress in the investigation into the murder of George Karaivaz in April 2021. It denounces the lack of a safe environment for journalists, who continue to face physical threats, verbal attacks, violation of their privacy with spyware and abusive lawsuits. The resolution also identifies as concerns the independence of the national audiovisual regulatory authority, the concentration of media in the hands of oligarchs, and the lack of transparency in the distribution of state subsidies to media outlets.

Regarding the illicit use of surveillance technology, Parliament asks for strengthening democratic safeguards and calls for effective investigations with the help of Europol. The resolution voices concerns over the transfer of the investigation to a different prosecutor and political pressure, intimidation and harassment of independent authorities who are investigating into the spyware scandal.

Parliament also identifies as concerns several additional issues, including the excessive use of force by police, alleged corruption and organised crime and the deficient quality of investigations into these matters. The resolution also points to threats for the independence and operational autonomy of independent oversight, authorities including the Ombudsman, the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority (DPA). Furthermore, it expresses concerns about the deterioration of civic space, the restrictive regulatory framework for the registration of Civil Society Organisations the treatment of migrants and systematic pushbacks.

The resolution calls the Commission to make full use of the tools available to address the breaches of EU values in Greece, including by assessing the use of EU funds under the Common Provisions Regulation in line with the Charter of Fundamental Rights on the one hand, and in relation to the non-implementation of judgments by the European courts in line with the Rule of Law Conditionality Regulation.

Response to the requests in the resolution and overview of the action taken, or intended to be taken, by the Commission:

The resolution makes several calls on the Commission to take action in the areas highlighted in it.

The Commission monitors significant developments concerning the rule of law in Greece in the context of the annual Rule of Law Cycle. The annual Rule of Law Report (‘the Report’), which includes Country Chapters with country specific recommendations to all Member States, is the foundation of that monitoring.

In the 2023 Country Chapter on Greece, the Commission noted that no steps had been taken with regard to the involvement of the judiciary in the appointments of the highest positions of the Greek judiciary, in line with European standards and addressed a corresponding recommendation. The Greek government has recently informed the Commission of its plans to put forward a legislative proposal aiming to involve the plenary sessions of the highest jurisdictions in the proceedings for the appointment of their Presidents and Vice-Presidents. The Report also referred to measures aiming to improve the efficiency and the quality of the justice system, whilst several challenges remain, in particular regarding digitalisation and length of proceedings. In this respect, the Greek National Recovery and Resilience Plan contains several measures aiming to reform the justice system.

On anti-corruption, the Commission assessed positively the entry into force of a law on asset declarations and secondary legislation enabling its full implementation. On the contrary, progress towards achieving a robust track record of prosecutions and final judgments in corruption cases has been relatively limited. The Commission addressed a corresponding recommendation to Greece. Progress to implement an effective transparency register has also been slow. The Report also noted ongoing efforts to improve integrity and conflicts of interest within the police force and amongst civil servants. The Commission also recalls its proposal for a Directive on combatting corruption, presented on 3 May 2023, that aims to strengthen the EU legislative framework for fighting corruption in all EU Member States which is currently under consideration by the co-legislators.

On media freedom, the Report noted that Greece adopted legislation aiming to enhance transparency of media ownership. The law set up a Registry for Print Media as well as a Registry for Electronic Press and reserves eligibility for state advertising to registered companies. The Report also referred to the new procedure to hire staff members of the independent audiovisual media regulator, and the persistent challenges regarding its understaffing. Threats and attacks against journalists remain an issue. Incidents included the use of spyware against journalists and abusive lawsuits. The creation in 2022 of a Task Force for the protection and empowerment of journalists is an important step. Nevertheless, the Commission considered that more concrete steps are needed to improve the working environment of journalists, including as regards abusive lawsuits against journalists and their safety. The Commission addressed a corresponding recommendation to Greece. In this respect, the Commission also notes that the Council of Europe’s Safety of Journalists Platform still identified two cases of impunity for murder, nine active alerts and two alerts without reply in Greece at the end of 2023. Concerning the issue of strategic lawsuits against public participation (SLAPPs), the Commission notes that Greece has not yet appointed a focal point in accordance with the 2022 Anti-SLAPP Recommendation. Furthermore, in the context of the Anti-SLAPP Recommendation, Member States, including Greece, should transmit a report to the Commission on the implementation of this Recommendation containing aggregated data consolidated at Member States’ level. The Commission will hold, as necessary, discussions with Member States and stakeholders, in relevant forums, on the measures and actions taken to apply the follow up on this Recommendation. The Commission also notes that Greece has not yet provided a reply to the Commission’s letter of 14 December 2023 on the implementation of the Anti-SLAPP Recommendation.

Regarding the issue of surveillance by means of wiretapping and spyware, the Report referred to the ongoing investigations related to the use of the Pegasus spyware and the legislative amendments, including the criticism voiced on the restriction of the powers of the ADAE. The Commission has always condemned any attempt to illegally access the data of citizens, including journalists. The Commission understands the importance of the free press and the European Media Freedom Act includes a general prohibition of such intrusive surveillance software against journalists and those in regular or professional relationships with media or journalists, subject to some limited exceptions. The Commission is also preparing a non-legislative initiative clarifying the boundaries of and the interplay between EU law, in particular the data protection and privacy acquis, and national security with respect to the use of intrusive surveillance software.

Regarding civil society, the Report took note of an initial step towards amending the regulatory framework regarding the registration requirements for civil society organisations (CSOs) and recommended to Greece to take more concrete steps to evaluate the current system, including by initiating a structured dialogue with CSOs, and assess whether there is a need to amend it. The Greek government has informed the Commission of measures envisaged to ensure interoperability of the different registries as well as efforts to maintain open communication with CSOs, active in the area of migration and social inclusion. The Commission has raised several times with the Greek Government the need to simplify the registration requirements but also their legal interpretation by the competent services.

With regards to the persisting allegations of pushbacks at the external borders, the Greek authorities have informed the Commission of the existence of a multi-tier system to ensure compliance with the provisions of the European Charter on Fundamental Rights and the EU acquis, through the investigation, and where necessary prosecution, of misconduct by competent state authorities.

The Greek authorities have established a three-tier set-up comprised of internal control procedures tasked with the investigation and prosecution of criminal acts arising in the context of operations by the Hellenic Police or the Hellenic Coastguard; investigations by independent authorities, including the Greek Ombudsman and the National Transparency Authority, which have been tasked to investigate incidents at the border, and the possibility of Public Prosecutors to investigate allegations, following a relevant complaint or press and CSOs reports.

Following discussions with the Commission, Greece has adopted certain legal provisions including the establishment of an independent Fundamental Rights Officer within the Ministry of Migration and Asylum, and the creation of a committee on Fundamental Rights Monitoring. Finally, a number of additional safeguards and preventive measures are implemented by the competent authorities including guidelines, trainings and closer cooperation with the Frontex Fundamental Rights Officer. The Commission continues to monitor the implementation of the mechanism and the legal provisions adopted.

The Commission closely follows developments regarding the above areas in the context of the preparation of the 2024 Rule of Law Report. The Commission will publish its up-to-date analysis in July 2024.

Respect for the rule of law is also key for the sound financial management of the Union budget and the effective use of the Union funding. The Conditionality Regulation aims at protecting the Union budget from breaches of the principles of the rule of law in the Member States. For the Conditionality Regulation to apply, the breaches must have a sufficiently direct link with the Union budget.

Under the Common Provisions Regulations (CPR), all Member States must fulfil horizontal enabling conditions. This includes one, which requires that Member States put in place effective mechanisms to ensure compliance with the EU Charter of Fundamental Rights.

The Commission does not hesitate to use all the instruments at its disposal to ensure the respect of the Rule of Law in all the Member States, as necessary.