Strengthening OLAF, the European Anti-Fraud Office


Book Description

OLAF (the European Anti-Fraud Office) was established by the Commission in 1999, following the collapse of its predecessor UCLAF, and its role is to protect the financial interests of the EU and to fight fraud and corruption within the EU's institutions or within individual EU member states. Its efficiency and effectiveness are currently under review, and the Commission has brought forward a proposal designed to improve OLAF's operational efficiency, improve information flows and protect the rights of individuals under investigation. The Committee's report judges that this proposal is premature and unlikely to enhance OLAF's accountability or independence. It also notes that the future of OLAF has become entwined with the debate over the post of European Public Prosecutor, and that the Commission should not allow this to distract its focus from examining how OLAF can be made more effective in the fight against fraud.




Routledge Handbook of International Organization


Book Description

This Handbook brings together scholars whose essays discuss significant issues with regard to international organization as a process and international organizations as institutions. Although the focus is on intergovernmental organizations (IGOs), non-governmental organizations (NGOs) are discussed where relevant. The handbook is divided into six parts: Documentation, Data Sets and Sources International Secretariats as Bureaucracies Actors within International Bureaucracies Processes within International Bureaucracies Challenges to International Organizations, and Expanding International Architectures. The state-of-the-art articles are meant to encourage current and future generations of scholars to enjoy working in and further exploiting the field and are also of great interest to practitioners of international organization and global governance




OLAF at the Crossroads


Book Description

The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.




EU Criminal Law


Book Description

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.




The Cambridge Companion to European Criminal Law


Book Description

Offers a straightforward, comprehensive and up-to-date picture of the state of affairs in European Criminal Law.




The European Public Prosecutor's Office


Book Description

This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.




Accountability and European Governance


Book Description

In recent years there has been a considerable effort in some transnational organizations and institutions to confront a crisis of legitimacy by promising more accountability and openness. This volume takes as its central focus the role of accountability in democratic governance, and attempts to position a broad understanding of the notion of accountability within the overall context of the evolving political system of governance in Europe and in particular of the European Union. Bringing together new work by some of the leading scholars in the field, this volume considers the relationship between accountability and a wide range of other themes in European governance such as problems of representation, transparency, bureaucracy, and transnational relations. The volume also deals with the role of accountability in multi-level governance, and its relationship to both direct democracy and civil society. This book was published as a special issue of West European Politics.




The Fight Against Fraud on the EU's Finances


Book Description

The report The Fight Against Fraud On The EU's Finances (HL 158) examines the effectiveness of the EU's system of protection from financial fraud, and identifies a number of weaknesses. EU law obliges both the European Commission and the Member States to combat fraud on the EU's finances. However, the onus to protect the EU's financial interests falls mainly on the individual Member States because they are responsible for administering 80% of the EU funds. The 404 million Euros cited by the Commission in its annual report offers only a glimpse of the levels of fraud perpetrated against the EU's budget, the Committee believes five billion Euros is a closer figure. Evidence presented to the Committee suggests that some Member States do not take their anti-fraud responsibilities seriously. Responsibilities for anti-fraud should include: (i) looking for fraud against the EU's budget; (ii) informing the relevant EU authorities







Legal and Institutional Aspects of the European Anti-Fraud Office (OLAF)


Book Description

And the future discussions on the establishment of the EPPO, as well as gives legal practitioners an overview of the relevant legal issues related to OLAF investigations.