Judicial protection against OLAF’s acts: In search of effectiveness

Judicial access and the existence of effective legal means of judicial protection constitute the cornerstone of the right to effective judicial protection. The present article aims to examine the possibilities of judicial protection enjoyed by the suspects who are investigated by OLAF. The article will attempt to show that the Court’s case-law concerning the admissibility conditions for actions for annulment deprives in practice the applicant from effectively challenging any illegal activities of OLAF. The first part will deal with the remote possibility of an action for annulment, while the second part will demonstrate that the legal remedy of the action for damages can only tackle a minor part of OLAF’s activities, rendering its actions practically free from judicial control. The expectation of “a complete system of legal remedies and procedures” in the case of OLAF is proven to be particularly ambitious. The purpose of this article is to shed some light in the lacuna of the judicial control of OLAF’s actions and to identify appropriate ways to ensure that the rights of the persons under investigation are being fully respected.