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Judicial independence is one of the key components of the rule of law (Article 2 of the Treaty on European Union – TEU), together with the fundamental right to a fair trial (Article 47 of the Charter of Fundamental Rights of the European Union) and the principle of effective judicial protection (Article 19(1) TEU). When it comes to standards for judicial independence, a special role is played by the Council of Europe and its judicial body, the European Court of Human Rights (ECtHR) in Strasbourg. ...

This updated appraisal on investigations conducted by the European Anti-Fraud Office (OLAF) concludes that improving procedural guarantees of persons concerned by OLAF investigations is the way forward. However further considerations are necessary to bring clarity on the scope of OLAF’s mandate, on the best approach to secure its independence and to ensure more transparency in the conduct of OLAF investigations. This briefing is one of a new series of 'Implementation Appraisals', produced by the ...

This briefing is one of a new series of 'Implementation Appraisals', produced by the European Parliamentary Research Service (EPRS), on the operation of existing EU legislation in practice. Each briefing focuses on a specific EU body of law which is, or will shortly be, subject to amending proposals from the European Commission, intended to update the current framework. The series is based on the Commission’s intentions, as announced in its annual Work Programme (CWP). 'Implementation Appraisals ...

The objective of the study is to shed light on the question of "non-contractual liability" and compensation in connection with the application of the Financial Regulation of the European Communities. It considers jurisdiction based on article 288(2) TEC, and articles 64 to 68 of the Financial Regulation as well as article 22 of the Staff Regulations. For comparison, the relevant practice in three Member States (Belgium, Germany, UK) and at an international organisation (United Nations secretariat ...