In Olaf affair, President of Court of First Instance considers that respect of MEP's rights is not guaranteed by EP decision and suspends its execution

Luxembourg, 02/05/2000 (Agence Europe)

The decision of the European Parliament of 18 November 1999 amending the Rules of Procedure of Parliament itself to allow for Olaf investigations (Anti-Fraud Office) within its body has been partially suspended, following an order by the President of the Court of First Instance. 71 MEPs, headed by German Social-Democrat Willi Rothley attacked the EP decision by disputing the investigating methods that Olaf agents would have been allowed to conduct regarding MEPs. The order of 2 May, which in no ways prejudges the solution as to substance (which the Court will rule on at a later date) provides for, while waiting for a ruling as to substance, the European Parliament will only be able to authorise Olaf agents access to MEPs' offices with the consent of the latter.

You may recall that in plenary on 18 November (see EUROPE of 20 November 1999, p.5) Parliament voted on a amendment to its Rules of Procedure necessary to enable the new anti-fraud office to do its work, and this in compliance with the inter-institutional agreement concluded between Parliament, the Council and Commission providing for each institution adopting a common system providing for the necessary provisions to facilitate the smooth running of Olaf investigations (a regulation providing for Olaf being able to conduct investigations within the institutions was adopted on 25 May 1995). Ever since that vote voices were raised in plenary, first to try to secure the postponement of the vote, then to dispute the outcome. Finally, the German Social-Democrat Willi Rothley and 70 other MEPs disputed the legality of Parliament's decision on 20 January and called for its annulment, as well as a postponement of its execution, so as to ensure the protection of the rights of members of Parliament (see EUROPE of 21 J

anuary, p.12, 29 January, p.11 and 21 and 22 February, p.12).

The MEPs (with a crushing majority, German and Austrian parliamentarians of different political groups, as well as some members of the Bonino List and Forza Italia) claimed in particular that the modalities provided for in the amended Rules of Procedure did not provide guarantees against possible attacks on the immunity that each member of the European Parliament benefits from and against the rights of Euro-MPs.. The President of the CFI, says a press release from the Court, considers the request for a suspension of the decision admissible and:

- he considers that the decision being disputed contains no specific guarantee as to the respect of the rights of MEPs when Olaf exercises its powers of investigation and that, in particular, Olaf agents could have access to the offices of members of the Parliament to obtain information, even in their absence or without their consent. In the absence of provisional measures, MEPs would risk suffering serious and irreparable damage, says the Court's President, thus ordering the suspension of the execution of the provisions of the European Parliament's decision to cooperate with Olaf, and ordering Parliament to inform without delay the members concerned of all "imminent Olaf measures against them and to authorise Olaf agents access to the offices of these members only with their consent";

- he weighed up the interests of the Euro-MPs and the interest of Parliament (backed by the Council and Commission) "in maintaining the contested decision". The press release stipulates that the President of the Court considers that, whereas it is "unarguably in the Community's interest" to prevent and combat fraud, it is also in its interest that the members of Parliament should be able to carry out their activities with the assurance that their independence will not be compromised.