Greek Court Rejects Kövesi's EU Judicial Review Bid

• The Greek Court of Cassation dismissed an application by European Chief Prosecutor Laura Kövesi challenging a decision to renew EDPs for two years.
• The court's ruling was based on procedural grounds, rather than the merits of the decision.
• The case highlights a gap in EU law regarding the review of hybrid EU governance structures and raises concerns about EU prosecutorial independence.

European prosecutorial independence was shielded here not according to what it does, but according to where it is located within the institutional architecture of public authority.

On June 24, 2026, the Administrative Plenum of the Greek Court of Cassation made a significant decision in the Kövesi litigation. The court dismissed an application brought by European Chief Prosecutor Laura Kövesi, ruling it as inadmissible. The application challenged a Greek decision to renew three European Delegated Prosecutors (EDPs) for two years, despite the College of the European Public Prosecutor's Office recommending five-year appointments. The vote was unanimous, with 72 judges voting against Kövesi's application and only ten in favor.

The case highlights a gap in EU law regarding the review of hybrid EU governance structures. While EU law can scrutinize almost any exercise of public power, it struggles with determining whether that power exists in the first place. This is precisely what happened in the Kövesi litigation. The Greek decision to renew EDPs for two years was not challenged on its merits but rather on the procedural grounds of locus standi. However, this reading overlooks the real issue at stake: the protection of European prosecutorial independence.

The Kövesi litigation has significant implications for EU prosecutorial independence and hybrid governance structures. The case demonstrates a potential blind spot in the judicial review of these structures, which can shield them from scrutiny based on procedural grounds rather than their actual actions. This raises concerns about the accountability of EU institutions and the effectiveness of EU law in ensuring transparency and good governance.

Lawyers and compliance officers should watch for the implications of this case on European prosecutorial independence, as it highlights a potential blind spot in the judicial review of hybrid EU governance structures.

Source: Original reporting via Briefly