The spokesperson of the Supreme Court, Judge Panagiotis Lymberopoulos, issued a statement in response to the reactions from judges, prosecutors, and lawyers regarding the order of the President of the Supreme Court, Ioanna Klapa, to request an urgent disciplinary investigation against the examining magistrate and the prosecutor of the Rhodes Court of First Instance who handled the Urban Planning corruption case. He stressed that “it must be made clear to all parties that the freedom of opinion of every judge and prosecutor in the exercise of their duties, regardless of rank, is a fundamental element of their personal and functional independence, which, however, cannot and must not be confused with being beyond scrutiny.”

Specifically, the Supreme Court’s statement reads as follows:

“With regard to the case file currently in the investigative stage at the Rhodes Court of First Instance, the President of the Supreme Court, in the context of her duties overseeing the civil and criminal courts of the country (Article 23 of Law 439/2022), requested the President of the Inspection Council to examine the possibility of initiating a preliminary investigation against a judicial officer concerning the execution of their duties.

It must be made clear to all parties that the freedom of opinion of every judge and prosecutor, in the exercise of their duties, regardless of rank, is a fundamental element of their personal and functional independence, which, however, cannot and must not be confused with being beyond scrutiny.

Moreover, the review of whether the independently formed opinion of a judge or prosecutor exceeds the outer limits of their discretionary power (Supreme Court Plenary Decision 9/2015), as defined by law and the application of the proven facts under said law, lies solely with the judicial bodies competent under the Constitution and the Code of Judicial Organization and Status of Judicial Officials.

Only these bodies, having full knowledge of the case file, may lawfully exercise their jurisdiction with the aim of safeguarding the rule of law, the integrity of Justice, legal certainty for citizens, and strengthening public trust in the institutions.”