Europees strafrecht

The EU has introduced explicit compliance obligations in its 14th Russia sanctions package, marking a shift from just prohibiting certain economic activities to also mandating how businesses must ensure compliance. Previously, operators had to adhere to sanctions but were not given clear regulatory requirements on implementation within the regulations. The evolving framework extends beyond sanctions regulations to broader EU legislation, including anti-money laundering (AML), instant payments, and crypto-asset transactions. This fragmented approach risks resulting in overlapping yet incomplete obligations, uncertainty, and administrative complexity. Financial institutions face multiple layers of compliance rules, while other sectors remain underregulated. The article examines these regulatory developments, their scope and their impact on businesses. To improve enforcement and prevent circumvention, a more unified EU compliance framework is necessary. A risk-based, harmonised approach would reduce inconsistencies, enhance clarity for businesses, and ensure sanctions are more effective in practice.

It goes without saying that the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) form the heart of the protection of the EU’s financial interests. However, the national authorities of the EU Member States are in the frontline when it comes to fighting fraud, bearing in mind that achievements in the field of the protection of the EU's financial interests also depend on the readiness and capacity of OLAF’s and EPPO’s partners in the Member States, (potential) candidate countries, and other non-EU countries, all of which cooperate to this end.

The European Anti-Fraud Office was created 25 years ago, in 1999, to fight fraud, corruption, and any other illegal activities affecting the EU budget. While there are several anti-fraud actors at EU level, OLAF is unique with regard to its international activities. In particular, OLAF is mandated to conduct investigative activities directly on territory outside the EU. Against this background, the article traces the evolution of the EU legal framework for OLAF’s international investigations and the parallel development of OLAF’s international relations in practice. The analysis of OLAF’s engagement with international partners focuses on several key activities of the Office to protect EU funds abroad, especially negotiating anti-fraud provisions in international instruments, concluding administrative cooperation arrangements with non-EU countries and international organisations, and building networks of partners around the globe. Looking back at the past quarter of a century, the article demonstrates that many features which are hallmarks of OLAF’s international relations today can be traced back to the early years of the Office. The article also shows how these practices have grown and matured over time.

The protection of fundamental rights and procedural guarantees in administrative investigations conducted by the European Anti-Fraud Office (OLAF) has constantly evolved since its creation in 1999. First, the catalogue of procedural rights and guarantees embedded in the successive regulations governing the conduct of OLAF’s investigations was significantly expanded. Second, the existing mechanisms to ensure their protection were reinforced by the creation of the new function of the Controller of procedural guarantees and a new complaints mechanism. As a result, the legal framework under which OLAF operates at present is significantly more protective of fundamental rights and procedural guarantees than it was 25 years ago. This article sheds light on these two key developments: the progressive codification of fundamental rights and procedural guarantees applicable to OLAF’s investigations and the reinforcement of their protection by the creation of the new Controller and the new complaints mechanism.

In today’s fast-changing world, the issue of digitalisation – or “tech” – is rapidly moving up the agenda. This observation also very much applies to the anti-fraud domain. On the occasion of the 25th anniversary of the European Anti-Fraud Office (OLAF) in 2024, this article provides a retrospective of the progressive digitalisation of work at the Office. Arriving at today’s “digital first” paradigm has been a long journey since OLAF’s humble digital beginnings in 1999. The authors also review the parallel evolution of OLAF’s legal framework for data collection and data processing, and they offer some reflections on further digital challenges ahead.