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EPPO (European Public Prosecutor's Office) in Tirana as a meaningful step

Yesterday, the European Public Prosecutor's Office, commonly known by its English acronym EPPO, after investigating the misuse of European funds for agricultural development in Greece, indicted ruling party MPs Skrekas, Boukoros, Senetakis and Papakosta. They are suspected of abuse of office and incitement to illegal management of European funds. In one case, the suspicion is for false testimony and computer fraud. In addition to the MPs, 18 other people, including former officials, were indicted. For 9 other MPs initially investigated, the EPPO stated that it had found no incriminating evidence.
This case entered the Albanian public debate a few months ago when the Greek parliament approved the EPPO's request to lift the immunity of 13 MPs. This happened at the height of the heated debate over the refusal of PM Rama and his majority to lift the immunity of former Deputy PM Balluku following the SPAK request. The opposition brought it up as an example of how to act in such cases. The argument was that immunity cannot protect you from accusations and their interim measures even when the suspected criminal offenses are minor as in the case of the Greek MPs, let alone when it comes to serious acts like those announced by SPAK in the Balluku case.
But there is another aspect where the EPPO and the Greek case need to enter the Albanian and European debate. OLAF (the EU's anti-fraud office; it conducts administrative but not criminal investigations) examined for three years the use of European funds by the Ministry of Agriculture and its subordinate agency AZhBR. After concluding that 33 million euros were suspected of being misused, the European Commission decided in 2023 to freeze active projects and suspend the next program (IPARD 3) worth 112 million euros. This situation continues to this day. The conditions set by Brussels for a guarantee reform that the abuse will not be repeated have not been met by the government. The criminal investigation by both the Tirana prosecutor's office and then by SPAK has not led to a defendant. To aggravate the problem with a public insult, Prime Minister Rama appointed the former head of the ministry and agency at the time when the abuses occurred as his advisor on agriculture.
This event could have taken a different course if it had been investigated by the EPPO, as the case in Greece shows. Our prosecutors, at best due to overload and at worst due to unwillingness, have not completed an investigation in a reasonable time on a matter that is serious in consequences not only for the financial volume but more for Albania's relationship with the European Union. Therefore, in such cases, an investigation by the EPPO would be a great advantage. For this, legal adjustments should be made by the EU to enable countries that are not yet members but are in negotiations for membership to become part of the EU prosecution, which focuses only on crime related to European funds.
The EU's almost institutionalized approach of "gradual membership" also foresees membership in certain EU bodies without being a full member yet. The EPPO's assistance to Albania and other countries in the region is in line with Brussels' insistence on the rule of law and the fight against corruption.
Kosovo Prime Minister Albin Kurti floated the idea in 2024 during an EU/Balkan summit in Tivat, Montenegro. Later, Albanian opposition leader Sali Berisha also floated the idea.
However, it is the candidate countries that should officially request to join the EPPO. In our country, as long as Edi Rama is prime minister, this is unlikely to happen; as the saying goes, the turkey does not approve of celebrating Christmas/New Year. But it would be a meaningful effort by the opposition and society to lobby with European institutions and countries to move in this direction. And that the advancement towards funds and the closure of chapters would also be conditioned by the readiness for membership in the EPPO. The fulfillment of this effort would have more meaning and value for a European Albania than the provisional and formalistic closure of the chapters and groups of chapters that are currently being negotiated.
Genc Pollo
President of Paneuropa-Albania
July 17, 2024
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