Karystianou Urges EU Prosecutor to Override Greek Ministers’ Immunity — The mother of a young woman killed in Greece’s deadliest train crash has called on the European Public Prosecutor’s Office (EPPO) to uphold the primacy of EU law and pierce what she describes as Greece’s “constitutional shield” that protects ministers from prosecution.
Speaking to Euractiv, Maria Karystianou, whose daughter was among the 57 victims of the 2023 Athens–Thessaloniki rail disaster, said the EPPO has a duty “to seek the truth and hold to account the politicians responsible for the deaths of 57 people.”
Just eight days before the tragedy, then-Transport Minister Kostas Karamanlis dismissed safety warnings raised by opposition parties and railway staff. He resigned shortly after the crash, citing “political responsibility”.
The EU’s Chief Prosecutor Laura Kövesi had already launched an investigation into a 2014 EU-funded contract for modernising signalling and remote-control systems on the Athens–Thessaloniki–Promachonas line — upgrades that, she later said, could have prevented the disaster.
“If those EU funds had been used properly, my child would still be alive,” Karystianou said.
However, Article 86 of the Greek Constitution prevents courts from prosecuting ministers without parliamentary approval — a procedure the government majority routinely blocks. Karystianou insists Kövesi should apply EU legal supremacy and the EPPO Regulation (2017/1939) to override national immunity laws.
“She has all the legal tools, but she’s not using them,” Karystianou said. “This erodes public trust — people cannot accept politicians deciding for themselves whether they are guilty or innocent.”
At an event in Brussels, Greek MEP and EU law professor Nikolas Farantouris described Article 86 as a “shield of impunity”, arguing that EU law must prevail over national constitutions when they obstruct justice. “Otherwise, we create a black hole in Europe’s rule-of-law system,” he warned.
The EPPO responded cautiously, saying:
“The authority responsible for ensuring the proper implementation of EU law is the European Commission, and the only institution competent to interpret EU law is the European Court of Justice.”
Nonetheless, an EPPO spokesperson confirmed that Kövesi had written to then-Justice Commissioner Didier Reynders in January 2024, urging the Commission to act against Greece’s immunity regime. Reynders reportedly replied but took no further action, leaving the issue unresolved.
“What is stopping the Commission from acting decisively? Has it turned a blind eye due to political ties with Athens?” she asked.
The debate now highlights one of the EU’s most sensitive rule-of-law dilemmas: whether European justice can hold national politicians accountable when domestic constitutions stand in the way.
