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The article reflects on the 2017 evaluation of Regulation 883/2013, which governs OLAF investigations, and compares it with other EU enforcement bodies under the Hercule III programme. While the Regulation strengthened safeguards, AFCOS coordination, and investigative tools, its effectiveness is hampered by persistent dependence on …

The article reviews the 2017 evaluation of OLAF’s legal framework (Reg. 883/2013) and sketches next steps. Using the EU’s Better Regulation playbook, the Commission found OLAF delivers clear EU added value and largely effective cooperation (notably via AFCOS)—but its investigative powers are fragmented by dependence …

Dear Readers, Efficient and proper spending of the Union’s budget is a key element in preserving the trust of EU citizens and in boosting the strength of the European project. Fraud and corruption must be fought vigorously and effectively. The ultimate goal is a high and equivalent level of protection of the EU’s budget throughout the entire territory of the EU. Important milestones that changed the institutional and legal landscape for the protection of the Union’s budget were reached in 2017. In July, the Directive on the fight against fraud to the Union’s financial interests by means of criminal law...

On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition.

On 3 May 2018, Advocate General (AG) Henrik Saugmandsgaard Øe delivered a notable opinion on the scope of data protection in criminal law enforcement situations. According to the AG, Union law does not preclude investigative measures by which national authorities seek identification data from certain mobile phones held by electronic communication service providers, even if the criminal offense is not of a serious nature.

On 11 April 2018, the Article 29 Data Protection Working Party (WP29) adopted its opinion on the Commission proposals to establish a framework of interoperability between the EU information systems in the field of borders and visas and police and judicial cooperation, asylum and migration. The opinion must be seen in the context of other, nearly parallel statements issued by the EDPS and the EU’s Agency for Fundamental Rights.

On 16 April 2018, the EDPS presented his concerns on the recent Commission’s legislative proposals on establishing a framework to ensure interoperability between existing and future EU information systems. The EDPS’ contribution (Opinion 4/2018) follows up the reflection paper issued in November 2017, in which the EDPS already eyed the plans of the EU institutions on interoperability.

On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK.

On 3 May 2018, the General Court (GC) delivered an important judgment in which it clarified the relationship between Union law and national law when checks against economic operators are carried out by OLAF. The GC confirmed that checks are a matter of EU law, and national law is only relevant in cases of assistance by national authorities.

On 28 May 2018, the European Parliamentary Research Service (EPRS) published a report on the cost of non-Europe in the fight against terrorism. It continues the series of several cost- of- non-Europe reports increasingly covering the European criminal law field, such as the cost of non-Europe reports on organised crime and corruption, on procedural rights and detention conditions and on equality and the fight against racism and xenophobia.