Ombudsman accuses OLAF of maladministration
By Lisbeth Kirk
The European Ombudsman, P. Nikiforos Diamandouros, today (27 November) published an unprecedented sharp criticism of the European Anti-Fraud Office (OLAF) for maladministration.
OLAF was criticised because it failed to withdraw allegations of bribery following a complaint from the Brussels correspondent of Stern, a German weekly newspaper.
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By making public allegations of bribery without a factual basis that was both sufficient and available for public scrutiny, OLAF has acted out of all proportion, said the Ombudsman.
"This constitutes an instance of maladministration", concluded the Ombudsman.
Stern published two articles covering alleged irregularities that had been raised by an EU official, Mr Paul van Buitenen, and the related inquiries carried out by OLAF.
These articles were based on confidential documents obtained by Stern's Brussels-based correspondent, Hans-Martin Tillack.
OLAF subsequently published a press release (27 March 2002) saying that "a" journalist had obtained a number of documents relating to this inquiry and that it had decided to open an internal inquiry.
This internal inquiry would also cover the allegation that the relevant documents had been obtained "by paying a civil servant", said the OLAF.
OLAF took the view that the reference to "a" journalist in its press release was neutral and did not implicate any specific individual.
Nevertheless, the Stern journalist very much felt the allegations of bribery had to be understood as directed at himself and his newspaper.
"I am happy with today's decision. I hope it will teach OLAF a lesson", said Mr Tillack to the EUobserver.