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The Protection of Fundamental Rights in OLAF Composite Enforcement Procedures

  • Book
  • © 2024

Overview

Authors:
  1. Koen Bovend'Eerdt

    1. Supreme Court of the Netherlands (Hoge Raad der Nederlanden), The Hague, The Netherlands

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  • Constitutes the first analysis of OLAF's new legal framework
  • Makes concrete recommendations for practitioners and academics
  • Presents a novel approach to fundamental rights

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About this book

This book focuses on OLAF, the European Union’s anti-fraud office, and examines the role of and challenges concerning fundamental rights in OLAF’s composite enforcement procedure. The mission of OLAF (Office Européen de Lutte Antifraude) is to fight fraud, corruption and any other illegal activities that affect the financial interests of the European Union. To this end, OLAF carries out administrative investigations, in which it gathers evidence itself, and coordination cases, in which it coordinates the Member States’ investigations. OLAF’s investigation and coordination efforts are conceived of as mere derivatives of other more traditional forms of law enforcement cooperation in which authorities enter into obligations to cooperate with one another, but in which each acts to fulfill these obligations within its own separately identifiable legal order and on the basis of its own law. This system, in its most conventional form, is founded on the notion of territorial sovereignty.If we extend the logic of this approach from enforcement (the ‘sword’) to fundamental rights (the ‘shield’), issues in relation to the latter – and the accompanying responsibility to prevent and/or remedy them – can arise only in individual (sovereign) legal orders. The way in which we view OLAF, as an evolved cognate of traditional forms of law enforcement cooperation, therefore directly dictates which fundamental rights issues enter into the equation, and in which manner.


This book proposes an innovative way of looking at OLAF, which we refer to as ‘composite enforcement procedures.’ In this type of procedure, responsibilities for the entirety of enforcement are attributed to inextricably interlinked European Union and Member State legal orders. If we observe OLAF through this new lens, fundamental rights issues that would otherwise go unnoticed come to the forefront. These are issues that arise not in individual legal orders, but rather between or among theEuropean Union and the Member States. This book addresses these fundamental rights challenges and makes concrete recommendations on how they can be addressed and resolved.

Keywords

Table of contents (6 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Conceptual Framework

    1. Front Matter

      Pages 1-1
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    2. The Role of Fundamental Rights in OLAF Composite Enforcement Procedures

      • Koen Bovend’Eerdt
      Pages 3-89

  3. Top-Down: The EU Legal Framework

    1. Front Matter

      Pages 91-91
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    2. OLAF

      • Koen Bovend’Eerdt
      Pages 93-191

  4. Bottom-Up: The National Legal Frameworks

    1. Front Matter

      Pages 193-193
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    2. The Netherlands

      • Koen Bovend’Eerdt
      Pages 195-281

    3. Germany

      • Koen Bovend’Eerdt
      Pages 283-372

  5. The Cathedral and the Bazaars: An Integration of Frameworks

    1. Front Matter

      Pages 373-373
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    2. Fundamental Rights Problems in OLAF Composite Enforcement Procedures

      • Koen Bovend’Eerdt
      Pages 375-494

    3. The Protection of Fundamental Rights in OLAF Composite Enforcement Procedures: Conclusions, Recommendations and an EPPO Outlook

      • Koen Bovend’Eerdt
      Pages 495-627
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Authors and Affiliations

  • Supreme Court of the Netherlands (Hoge Raad der Nederlanden), The Hague, The Netherlands

    Koen Bovend'Eerdt

About the author

Dr. Koen Bovend'Eerdt works for the Scientific Bureau (Wetenschappelijk Bureau) of the Dutch Supreme court. Prior to that he was a PhD candidate and lecturer at Utrecht University's Willem Pompe Institute for Criminal Law and Criminology. His research concerns, in a general sense, the Europeanisation of criminal justice. More specifically, he writes about novel problems in relation to the protection of fundamental rights in the process of enforcement by so-called European law enforcement authorities: supranational actors created by Union law which have at their disposal enforcement powers (i.e., powers to monitor, investigated (alleged) breaches of Union law in specific policy areas, impose punitive administrative sanctions as a result of such breaches and/or refer cases to the national level for prosecution and, ultimately, sanctioning).

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