The Protection of the Procedural Rights of Persons Concerned by OLAF Administrative Investigations and the Admissibility of OLAF Final Reports as Criminal Evidence

06-07-2017

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial interests and of the respect of fundamental rights provided by the EU Charter of Fundamental Rights.

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial interests and of the respect of fundamental rights provided by the EU Charter of Fundamental Rights.

External author

Katalin Ligeti