Portuguese government under attack over EU
prosecutor pick
António Costa’s administration rejects accusations of
lying as EU presidency kicks off.
BY PAUL
AMES
January 4,
2021 7:30 pm
https://www.politico.eu/article/portugal-government-turmoil-eu-prosecutor-pick/
Portuguese
Prime Minister António Costa’s government is facing growing pressure over a
contentious appointment to the European Union prosecutor’s office that’s
casting a shadow over the start of Lisbon’s EU presidency.
A senior
Justice Ministry official resigned Monday and opposition lawmakers are calling
for the head of Justice Minister Francisca Van Dunem.
She is at
the center of a controversy that erupted last week with revelations that the
government overstated the qualifications of its nominee for Portugal’s seat at
the new European Public Prosecutor’s Office (EPPO).
“More and
more it seems that the reports are true, that the justice minister lied about
the resumé of the prosecutor who she wanted to nominate,” Rui Rio, leader of
the center-right opposition, tweeted on New Year’s Eve. “We’re facing a very
grave issue.”
Supporters
of the Socialist government have downplayed the brouhaha as a storm in a
teacup. They accuse the opposition of poisoning political debate as Portugal
took over the presidency of the Council of the EU on Friday.
Van Dunem
acknowledges there were “lapses” and “errors” in communication between the
government and European authorities on the appointment of José Guerra to the
office set up last year to prosecute misuse of EU funds.
In a TV
interview Saturday, Van Dunem rejected calls for her resignation. She insisted
the errors exaggerating Guerra’s qualifications were inserted by lower-level
officials in an internal communication and were not decisive in him getting the
job.
“This
candidate has a long track record of cases working on fraud involving European
funds,” the minister told broadcaster RTP. “He is the best.”
However,
criticism has continued. Portugal’s President Marcelo Rebelo de Sousa, a
veteran of the center right who is now an independent and is standing for
re-election on January 25, said the case showed “lamentable” neglect.
Van Dunem
is the latest key minister to come under pressure in recent weeks as Portugal
prepared to take the EU presidency.
Interior
Minister Eduardo Cabrita has faced repeated calls to resign over his response
to the killing last year of a Ukrainian man detained by immigration officials
at Lisbon airport; and Infrastructure Minister Pedro Nuno Santos was deemed
lucky to survive after publicly clashing with Costa over rescue plans for the
TAP airline.
The rumpus
over the EPPO posting dates back to July when Portugal pushed through the
nomination of Guerra, going over the head of a European advisory panel that
favored another Portuguese candidate, Ana Carla Almeida.
Opposition
figures claimed the decision was politically motivated. They noted Almeida’s
role investigating a high-profile case involving the supply of fire-fighting
equipment following deadly bush fires which implicated Socialist politicians.
A group of
European legal experts criticized the EU Council’s confirmation of Guerra,
together with the appointment of the Belgian and Bulgarian prosecutors at the
EPPO, for failing to respect the recommendations of the independent European
panel.
“By
undermining the role of the independent committee without providing any reasons
to do so, the Council undermined the credibility and the independence of the
EPPO,” they said in an open letter to the European Parliament last October.
“The Union cannot claim to be a defender of the rule of law if its own
Prosecution Office is born in violation of such rule of law.”
The
controversy was revived in Portugal last week with the revelation of a letter
to the Council of the European Union in which the Portuguese government
justifies the decision to nominate Guerra. The letter contains three errors
inflating Guerra’s position in the Portuguese judicial hierarchy and his role
in major investigations into misuse of EU funds.
On Monday,
Miguel Romão, head of the Directorate-General for Justice Policy which handles
the Justice Ministry’s international relations, resigned. It’s unlikely his
departure will quell opposition clamor over the case.
“The word
lie is tough and disagreeable, but there’s no way around it. The Portuguese
state lied to the EU,” Luís Marques Mendes, an influential commentator and
former center-right leader, wrote Sunday. “It’s shameful.”


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