Controller of Procedural Guarantees Published Procedure of Handling Complaints
16 January 2023
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 28 December 2022, the decision of OLAF’s Controller of procedural guarantees on how she will handle complaints was published in the Official Journal C 494, p. 17.

The Controller of procedural guarantees is a new function established by Art. 9a of Regulation 2020/2223 for the purpose of protecting and complying with procedural guarantees and fundamental rights in the context of OLAF’s investigations. Persons concerned may lodge complaints with the Controller regarding OLAF’s compliance with procedural guarantees as well as on the grounds of an infringement of the rules applicable to investigations by OLAF, in particular infringements of procedural requirements and fundamental rights. The Controller is responsible for issuing recommendations on how to resolve complaints, where necessary suggesting solutions to the issues raised in the complaint. On 4 May 2022, the European Commission appointed Julia Laffranque, an Estonian national, as Controller of procedural guarantees for investigations conducted by the European Anti-Fraud Office (OLAF) for a non-renewable mandate of five years.

The Decision at issue includes the implementing provisions for the handling of complaints as provided for in Art. 9b of Regulation 2020/2223. It lays down rules to be followed in relation to the lodging, processing and follow up of complaints submitted to the Controller. The Controller will handle complaints against OLAF in complete independence, including from the Commission, OLAF and the Supervisory Committee.

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2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Public Law Department

Senior Researcher