Legal and Institutional Aspects of the European Anti-Fraud Office (OLAF): An Analysis with a Look Forward to a European Public Prosecutor

The European Anti-Fraud Office (OLAF) was created in 1999, in the wake of the political crisis which led to the collective resignation of the European Commission. It has operated for more than ten years in a specific legal and institutional environment, which, in turn, has been affected by the entry into force of the Treaty of Lisbon. The latter put an end to the pillar structure of the EU, turned the Charter of Fundamental Rights into a binding legal instrument and laid the foundation for the establishment of a European Public Prosecutor’s Office (EPPO).

Starting from the broader context of the protection of EU financial interests and touching upon the circumstances surrounding OLAF’s creation, the book provides an in-depth analysis of OLAF’s position in this environment. Particular attention is given to:

• OLAF’s investigative competences and right to privacy issues raised by the exercise of these competences;
• the rights of the defence of persons under investigation;
• the consequences of the specific organisational structure of OLAF which is both a part of and independent from the European Commission, and
• supervision of OLAF, including by the EU courts through judicial review of OLAF investigative acts.