OLAF Study on impact of strengthening of administrative and criminal law procedural rules for the protection of the EU Financial interests

The protection of the financial interests (hereafter: PIF) of the European Union (hereafter: EU) is an important priority for the European Commission (hereafter: Commission).

The Commission has expressed that this needs to be done on three levels: strengthening

(i) criminal and administrative procedures,

(ii) substantive criminal law and

(iii) institutional aspects. 

With regard to the procedural law aspects in this area, problems are identified concerning the

(i) collection and exchange of information & evidence and

(ii) recognition of evidence.

In particular, the study focuses on:

(1) Transnational multidisciplinary information exchange. Exchange of information and evidence between Member States. Two forms of transnational exchange of information can be distinguished: (i) horizontal (between similar authorities); and (ii) multidisciplinary (between different authorities).

(2) Supranational multidisciplinary information exchange. Exchange of information and evidence (i) between national authorities and the relevant institutions of the European Union (OLAF, Eurojust, Europol, EPPO) and (ii) among the competent European institutions.

(3) Recognition of transnational/Supranational evidence.  Admissibility of evidence collected by competent other MS authorities/ collected by/ involving competent EU bodies.