Abstract:

The approach to OLAF investigations into suspected fraud is most often followed by a criminal investigation at national level, which requires a considerable amount of time for a criminal investigation with the direct consequence of reducing the chances of prosecuting perpetrators, which ultimately seriously affects the EU budget. Even if the institution of the European Public Prosecutor's Office can be the right direction to investigate such transnational crimes, we believe that its current rules of procedure will create an even bigger crisis because it is not linked to shared competence resulting from the Treaty. The present study proposes to highlight the legislative overlaps in the mentioned field of investigation and to propose constructive solutions to unblock the inquiries that will be soon started by the new European Prosecutor's Office.

This study is the result of research conducted within the Research Project „Societatea bazată pe democratie și valori comune” – ”The Society Based on Democracy and Commune Values” of  ”Dunarea de Jos” University of Galați,  Code (contract number)  RF3638/30.09.2021.