OLAF Investigations Outside the European Union

• Autores: Claire Scharf Kröner, Jennifer Seyderhelm
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 3, 2019 (Ejemplar dedicado a: The External Dimension of JHA and PIF), págs. 209-218
• Idioma: inglés
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• Resumen

  • The European Anti-Fraud Office (OLAF) is an independent body that fights against illegal activities affecting the Union’s financial interests. It carries out investigations of an administrative nature, both within the European Union and beyond its borders.

    This article outlines the legal framework within which OLAF conducts investigations in non-EU countries on the expenditure side of the EU budget. It describes OLAF’s competence to act outside the EU, as defined in the EU’s legislative framework and mirrored in international agreements. The discussion includes an analysis of the unique tools OLAF has to act, based on the contractual obligations of the economic operator, elements of which were clarified in two recent judgments of the European General Court. In addition, practical aspects of investigations in non-EU countries are highlighted, focussing in particular on pre-accession and European neighbourhood countries. The article concludes with an outlook on how the OLAF’s particular expertise could further enhance protection of the Union’s financial interests, in collaboration with the European Public Prosecutor’s Office (EPPO)