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The Protection of Fundamental Rights in Olaf Composite Enforcement Procedures

The Protection of Fundamental Rights in Olaf Composite Enforcement Procedures

Hardcover

General LawGeneral Political Science

ISBN10: 3031451082
ISBN13: 9783031451089
Publisher: Springer
Published: Feb 7 2024
Pages: 627
Weight: 2.36
Height: 1.38 Width: 6.14 Depth: 9.21
Language: English
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.

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General Law