OLAF at the Crossroads

This book offers unique insight to the regulatory, operational, and institutional advances of OLAF (the European Commission's Anti-Fraud Office). Since OLAF was set up in 1999, changes in the three levels of OLAF's functional environment have taken place: continuing advances in EU criminal law, especially in the areas of mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol though recent regulations and memoranda of cooperation; and the prospect of the Lisbon Treaty. The book shares the view that OLAF's current legal framework must adequately address these issues. The book's approach is multi-disciplinary. OLAF is examined through the prism of law and EU politics, thus focusing not only on the identification of current problems in regulation and procedure, but also on the feasibility of the institution in the future of European integration. This approach is dialectic in that after the exposure of regulatory and institutional defaults, operational solutions are then discussed. Although there is little doubt that OLAF suffers from regulatory discrepancies and institutional inefficiencies, there is value in the argument that its staff has managed to devise operational and functional mechanisms that address some of these problems, allowing the institution to proceed legitimately with its crucial role in combating fraud within the EU. Notwithstanding the efficiency and ingenuity of its staff, the need for express rules covering procedural and operational issues must be safeguarded in regulation. (Series: Studies in International and Comparative Criminal Law)

Constantin Stefanou is a Senior Lecturer at the Institute of Advanced Legal Studies, University of London.Simone White is a European lawyer working in OLAF and a research fellow at the Institute of Advanced Legal Studies, University of London.Helen Xanthaki is a Professor at the Institute of Advanced Legal Studies, University of London.