Is OLAF Authorized to Search EP Premises?

The simple answer is yes. Some justification follows.

First – some background of the case. The English newspaper Sunday Times has conducted an investigation, claiming that several MEPs were willing to take money in exchange for filing legislative amendments. Three MEPs were named – the Austrian centre-right Ernst Strasser, the Slovenian Socialist Zoran Thaler and the Romanian Socialist Adrian Severin. OLAF decided to open a formal investigation immediately and OLAF investigators attempted to collect evidence from the offices of the concerned MEPs located at the premises of the European Parliament in Brussels on Tuesday 22 March. However, the EP authorities refused to give access to these offices and claimed these would be secured by EP security personnel.

The EP clearly erred here. As OLAF has pointed out in its statement, its competences are outlined in art. 325 TFEU, and Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF). Art. 1, para. 3 of Regulation (EC) No 1073/1999 specifically points out that OLAF shall conduct administrative investigations within the institutions for the purpose of fighting fraud, corruption and any other illegal activity affecting the financial interests of the EU. Art. 4, para. 2 clearly says that OLAF has the right of immediate and unannounced access to any information held by the institutions, bodies, offices and agencies, and to their premises. In addition, Annex XII to the Rules of Procedure of the EP the services and any official or servant of the EP is required to cooperate fully with the Office’s agents and to lend any assistance required to the investigation.

Now, someone might claim that by providing the documents in question, the EP might have cooperated in good faith without granting physical access to OLAF. This is not true, however. First, the purpose of immediate and unannounced access to information and documents is to prevent any opportunity for tampering the evidence. Second, the EP officials are not trained and do not have legal authorization to open locked premises, document containers, etc.

5 responses to “Is OLAF Authorized to Search EP Premises?

  1. Well. If your interpretation is correct, this would be another reason why the EU lacks democratic legitimity. An executive agency allowed to interfere with the parliament guided by its own discretion? What kind of separation of powers is this supposed to be?

    • Вихър Георгиев

      I do not understand your question. An investigation is not “interfering” with an institution’s activities.

  2. Searching premises of one institution based on another body’s own discretion certainly is. We are talking about an MEP here.

    • Вихър Георгиев

      What is your background? From a legal perspective your interpretation is quite incorrect.

  3. Pingback: bloggingportal.eu Blog & Support » Blog Archive » Week in Bloggingportal: #Everybody was Bank debt fighting…!#

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