Four Members of the EP, with the backing of 70, plan to initiate proceedings before the Court of First Instance against EP decision on OLAF's powers21/01/2000 (Agence Europe)
Four Members of the EP have announced their decision to initiate proceedings before the EU Court of First Instance to request suspension of the enforcement of the EP decision of 19 November last, in which the plenary amended its Rules of Procedure to recognise the powers of OLAF, the fraud prevention office. Willi Rothley, Klaus-Heiner Lehne, Johannes Voggenhuber and Olivier Dupuis added that their initiative has the backing of 70 Members opposed to the decision of 19 November, which threatens the "independence of Members of the EP and the freedom of their mandate". They would like the EP Committee on Rules to deliberate further to "find a solution that does not limit the rights of the EP and its Membes, enables Parliament to work correctly and gives OLAF an adequate legal basis".
After many stormy discussions, an absolute majority was finally obtained on 19 November for modification of the EP's Rules of Procedure. But apparently the objections have not ceased. The "plaintiff" Members dispute the fact that "OLAF, a Commission body, acting without control or judicial decision, can conduct an investigation concerning Members of the EP", when "Members' immunity is a formal protection of Parliaments in relation to the executive and judicial powers, that Parliaments can suspend only under a clearly determined procedure". They are particularly concerned that OLAF can "search all Members' offices" without a judicial decision.
The four MEPs are also protesting the obligation upon EP Members and officials to disclose to OLAF "any information on possible criminal acts to the detriment of the EU". They consider that a Member will no longer be able to "secure information confidentially, information necessary for exercising his mandate, if he is obliged to forward it immediately to his administration".
They also deem that the legal basis on which OLAF was created is "questionable" because it is based on the Commission's Rules of Procedure. EUROPE would point out that OLAF was established on 28 April last by a Commission decision, but that this decision only entered into force upon entry into force, on 1 June, of the Council and EP regulation governing investigations conducted by OLAF.
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