WRITTEN QUESTION P-3389/01

by Pasqualina Napoletano (PSE) to the Commission

(6 December 2001)

Subject: Appointment of OLAF magistrates

In view of the outcome of the competition to fill a number of posts within OLAF and, in particular, the suitability of Judges Vaudano, Piacente and Perduca,

in view of the statements made by OLAF's Director-General, Judge Brüner, on his organisation's independence with regard to the selection of officials,

in view of the obstacles placed by the Italian Government in the way of the transfer of these magistrates, based on its opposition as a matter of principle to the presence of magistrates within OLAF, contrary to the position taken on the matter by the European Commission and the European Parliament and to the attitude of the other Member States,

Will the Commission state how it intends to respond to the Italian Government's approach, which calls into question the basic composition of OLAF?

What measures does it intend to take in order to ensure that the posts assigned to the three magistrates following their success in the competition remain open for them until such times as their position is clarified?

Answer given by Ms Schreyer on behalf of the Commission

(18 January 2002)

In its Decision of 28 April 1999 establishing the European Anti-Fraud Office (OLAF)(1), the Commission states that the Office is in direct contact with the police and judicial authorities for the purposes of implementing Regulations (EC) Nos 1073/1999 and 1074/1999(2) and of taking into account the procedure provided for in Article 7 of the Second Protocol(3) of the Convention on the protection of the European Communities' financial interests(4).

In order to achieve these objectives and take account of the situation on the ground, the Commission, in its communication of 28 June 2000(5), made clear its intention to enhance the penal judicial dimension as one of the main thrusts of its overall strategy to protect the EU's financial interests.

To that end, the Commission specified that the European Anti-Fraud Office will develop its mission of liaison and penal judicial expertise and, in so doing, will improve its role of advice, assistance and coordination to support and supplement national action in the area of criminal prosecutions of serious offences harmful to the Communities' financial interests.

When presented, this strategy was welcomed by the Council and Parliament, which approved of the presence of magistrates within the Office in order to strengthen the penal judicial dimension of its activities and to facilitate liaison with national authorities.

The recruitment of magistrates referred to by the Honourable Member is part of the strategy. It is for the appointing authority to conclude employment contracts.

The Director-General exercising the functions of Director of the Office will take the necessary measures to secure the services of magistrates selected in each Member State. He has already recruited a number of magistrates and will recruit more to supplement the Office's staff, on the basis of the procedures and prerogatives provided for by Commission Decision of 28 April 1999.

(1) Decision 1999/352/EC, ECSC, Euratom (OJ L 136, 31.5.1999).

(2) Parliament and Council Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999).

(3) OJ C 221, 19.7.1997.

(4) OJ C 316, 27.11.1995.

(5) Protection of the Communities' financial interests. The fight against fraud For an overall strategic approach (COM(2000) 358 final).