Fair Trial Rights and the European Community's Fight Against Fraud

19 Pages Posted: 8 Sep 2008

See all articles by Sabine Gless

Sabine Gless

University of Basel

Helge Elisabeth Zeitler

affiliation not provided to SSRN

Abstract

The article surveys action taken by the European Community to combat fraud affecting its financial interests, focusing on the development of investigative authority granted to OLAF, the EuropeanOffice Pour La Lutte Anti Fraude and its impact on the procedural rights of the alleged defrauder. It shows that the involvement of OLAF can be crucial for a national fraud investigation and subsequent criminal prosecution and that it meets the criteria set out by the Strasbourg organs for the applicability of Article 6 ECH. The article explores whether the legal sources governing the activities of OLAF or nationalor rather, Communitylaw guarantee sufficient protection for the alleged defrauder and thus pay respect to principles arising from the rule of law in law enforcement. It is shown that general principles of Community law, which were mostly established in antitrust law, may provide a certain protection for the suspect, but may not protect him in all regards. It is thus argued that, in the long run, it will be necessary to provide special fair-trial rights which offer protection to alleged defrauders from those infringements arising out of the specific features of a Community investigation.

Suggested Citation

Gless, Sabine and Zeitler, Helge Elisabeth, Fair Trial Rights and the European Community's Fight Against Fraud. European Law Journal, Vol. 7, Issue 2, pp. 219-237, June 2001. Available at SSRN: https://ssrn.com/abstract=1264132 or http://dx.doi.org/10.1111/1468-0386.00128

Sabine Gless (Contact Author)

University of Basel ( email )

Petersplatz 1
Basel, CH-4003
Switzerland

Helge Elisabeth Zeitler

affiliation not provided to SSRN

No Address Available

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