It goes without saying that the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) form the heart of the protection of the EU’s financial interests. However, the national authorities of the EU Member States are in the frontline when it comes to fighting fraud, bearing in mind that achievements in the field of the protection of the EU's financial interests also depend on the readiness and capacity of OLAF’s and EPPO’s partners in the Member States, (potential) candidate countries, and other non-EU countries, all of which cooperate to this end.
While the EPPO facilitates the achievement of its objectives in many ways through delegated prosecutors, OLAF, lacking a possibility to delegate its function, mainly relies on the anti-fraud coordination services (AFCOSes). These are established in each EU Member State to ensure effective cooperation and exchange of information with OLAF. In the absence of a stable legal framework … Read more

The European Anti-Fraud Office (OLAF) was created 25 years ago, in 1999, to fight fraud, corruption, and any other illegal activities affecting the EU budget. While there are several anti-fraud actors at EU level, OLAF is unique with regard to its international activities. In particular, OLAF is mandated to conduct investigative activities directly on territory outside the EU. Against this background, the article traces the evolution of the EU legal framework for OLAF’s international investigations and the parallel development of OLAF’s international relations in practice. The analysis of OLAF’s engagement with international partners focuses on several key activities of the Office to protect EU funds abroad, especially negotiating anti-fraud provisions in international instruments, concluding administrative cooperation arrangements with non-EU countries and international organisations, and building networks of partners around the globe. Looking back at the past quarter of a century, the article demonstrates that many features which are hallmarks of … Read more

In today’s fast-changing world, the issue of digitalisation – or “tech” – is rapidly moving up the agenda. This observation also very much applies to the anti-fraud domain. On the occasion of the 25th anniversary of the European Anti-Fraud Office (OLAF) in 2024, this article provides a retrospective of the progressive digitalisation of work at the Office. Arriving at today’s “digital first” paradigm has been a long journey since OLAF’s humble digital beginnings in 1999. The authors also review the parallel evolution of OLAF’s legal framework for data collection and data processing, and they offer some reflections on further digital challenges ahead.

In 2004, the European Community set up the Hercule programme to promote activities related to the protection of its financial interests. Since then, this unique initiative aimed at financing the fight against fraud has thrived and is now celebrating 20 years of success. It mainly funds the purchase of technical equipment and tools, training, staff exchanges, risk analysis workshops, conferences and comparative studies. These measures seek to support and equip EU Member States in legal, operational and technical/IT terms, enabling them to deliver on their shared obligations to protect the EU’s financial interests. In 2021, the Hercule programme became a component of the current Union Anti-Fraud Programme (UAFP).
This article retraces the history of the Hercule programme, outlines the main features of the Hercule component in the UAFP and gives examples of the success of the programme. The article concludes that, when reviewing the ever-increasing number and quality of applications for … Read more

The article examines the evolution of the European Anti-Fraud Office (OLAF) over the past 25 years from its establishment in 1999 to its current role as a pivotal player in the fight against fraud affecting the EU’s financial interests. It starts by tracing OLAF's origins to its predecessor, the Unit for the Coordination of Fraud Prevention (UCLAF), and the circumstances surrounding OLAF’s creation as a response to major corruption scandals. The article goes on to analyse the legal framework underpinning OLAF’s mandate, in particular Regulation (EU, Euratom) No. 883/2013 and Directive 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law, which expanded OLAF's scope and facilitated its cooperation with the European Public Prosecutor’s Office (EPPO). Furthermore, OLAF's evolving relationship with the EPPO is explored and significant case law that has shaped OLAF’s investigative powers and procedural safeguards highlighted. The article concludes by reflecting … Read more

The protection of fundamental rights and procedural guarantees in administrative investigations conducted by the European Anti-Fraud Office (OLAF) has constantly evolved since its creation in 1999.

First, the catalogue of procedural rights and guarantees embedded in the successive regulations governing the conduct of OLAF’s investigations was significantly expanded. Second, the existing mechanisms to ensure their protection were reinforced by the creation of the new function of the Controller of procedural guarantees and a new complaints mechanism.

As a result, the legal framework under which OLAF operates at present is significantly more protective of fundamental rights and procedural guarantees than it was 25 years ago.

This article sheds light on these two key developments: the progressive codification of fundamental rights and procedural guarantees applicable to OLAF’s investigations and the reinforcement of their protection by the creation of the new Controller and the new complaints mechanism.