Fundamental Rights Problems in OLAF Composite Enforcement Procedures

This chapter answers the question whether OLAF’s composite enforcement procedures result in violations of the fundamental rights of the person concerned? To answer this question, the following method is used. The first step is to take and tie in the findings of the top-down and bottom-up chapters (i.e., Chaps. 2 – 4 ). The second step is to assess these findings in light of fundamental rights, particularly the legal interests that underpin them. It may come as no surprise that the composite prism, that used to assess the entirety of mutual responsibilities of both OLAF and national authorities in the enforcement of the Union’s financial interests, will also be the device through which the protection of fundamental rights is evaluated in this chapter. In doing so, the composite prism allows for a definitive identification of fundamental rights issues beyond single legal orders and that exist or come about in or between multiple EU or national legal orders. The sections of this chapter are divided on the basis of the fundamental rights studied in this book. Section 5.2 concerns the right to privacy, Sect. 5.3 deals with the principle of nullum crimen, and Sect. 5.4 discusses the right to a fair trial. When considering issues in relation to the right to a fair trial the focus is in particular on the following defence rights: the right to have access to a lawyer, the privilege against self-incrimination and the legal professional privilege. Effective judicial protection, because it relates in one way or another to all fundamental rights examined, is discussed in relation to most of the abovementioned fundamental rights. Of course, no chapter is complete without a conclusion, which is provided in Sect. 5.5. These concluding observations on the fundamental rights issues identified serve as the lead-in to this book’s last chapter and bridges the gap between the normative and evaluative research goals.