OLAF at the Crossroads: Action against EU Fraud (Studies in International and Comparative Criminal Law)

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 This book offers unique insight to the regulatory, operational, and institutional advances of OLAF (the European Commission's Anti-Fraud Office). Since OLAF was set up in 1999, changes in the three levels of OLAF's functional environment have taken place: continuing advances in EU criminal law, especially in the areas of mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol though recent regulations and memoranda of cooperation; and the prospect of the Lisbon Treaty. The book shares the view that OLAF's current legal framework must adequately address these issues. The book's approach is multi-disciplinary. OLAF is examined through the prism of law and EU politics, thus focusing not only on the identification of current problems in regulation and procedure, but also on the feasibility of the institution in the future of European integration. This approach is dialectic in that after the exposure of regulatory and institutional defaults, operational solutions are then discussed. Although there is little doubt that OLAF suffers from regulatory discrepancies and institutional inefficiencies, there is value in the argument that its staff has managed to devise operational and functional mechanisms that address some of these problems, allowing the institution to proceed legitimately with its crucial role in combating fraud within the EU. Notwithstanding the efficiency and ingenuity of its staff, the need for express rules covering procedural and operational issues must be safeguarded in regulation. (Series: Studies in International and Comparative Criminal Law) The authors give an overview of the regulatory, operational and institutional framework of 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 Genesis : UCLAF and the transition to OLAF Mandate The regulatory framework : the status quo and recent proposals for reform Operational activities and due process Operation safeguards for persons and institutions Operational effectiveness : expanding the civil route OLAF's interinstitutional relationships Relationship with member states. This multi-disciplinary work offer a unique insight to the regulatory, operational and institutional advances of OLAF.