Thursday

16th Sep 2021

EU anti-fraud chief should be investigated, says MEP

  • Giovanni Kessler become Olaf chief in 2010 (Photo: OSCE)

The chair of the European Parliament budgetary control committee has renewed calls to lift the immunity of EU's anti-fraud chief Giovanni Kessler and allow an investigation by Belgian prosecutors into claims that he illegally recorded a phone conversation in 2012.

Kessler, who heads the EU's anti-fraud office Olaf, could face criminal prosecution for secretly recording a phone call during an investigation that led to EU commissioner for health John Dalli leaving his post.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

Belgian authorities demanded the European Commission lift his immunity in December 2014, but officials at the EU executive have yet to act.

The commission has refused to respond to questions on the delay or rumours that it has already lifted Kessler's immunity.

"Due to legal reasons I'm not allowed to say a word on this," commission spokesman Margaritis Schinas told journalists on Thursday.

Kessler is granted immunity in his role as Olaf chief. He is also entitled to bring "an action against his institution [EU commission] before the Court of Justice" if he considers that measures taken by the commission call into question his independence.

But the EP budgetary control committee chair, German center-right MEP Ingeborg Graessle, said on Wednesday (9 March) that the Belgian police should be allowed to investigate and put an end to the dispute.

"This is about the Belgian prosecution's right and possibility to look into possible misconduct during the investigation of the Dalli case," she said in a statement.

"An investigation is the only way that the Olaf director-general can clear himself of the suspicion of having illegally recorded phone calls, which is a crime in almost all member states."

Graessle has previously accused him of breaking Belgian law and violating article 7 of the EU's charter of fundamental rights over the alleged wire-tapping.

Kessler told this website in October 2014 that the accusations were baseless.

"Olaf did not - and does not - carry out any telephone tapping,” he said.

Olaf does not deny recording a conversation without the consent of the witness but says this does not amount to wire-tapping.

His office explained that “wire-tapping” is when you put a bug in a suspect’s phone, not when you record a call without the suspect’s knowledge.

Belgian federal police want to investigate this claim, but cannot because of his immunity.

The dispute flared up after it was revealed that Kessler had helped to record a phone call in July 2012 between a lobbyist for smokeless tobacco products and Maltese restaurant owner Silvio Zammit.

The restaurateur was suspected of trying to extract millions of euros in return for influencing Dalli, who is also Maltese, to lift an EU-wide sale ban on mouth tobacco known as snus.

The lobbyist was a witness in the case and called Zammit on her personal phone while at the Olaf office in Brussels.

Zammit is currently on trial in Malta on charges of bribery and peddling influence.

Dalli claimed he had been forced out because of his strong anti-tobacco stance. He took his case to the ECJ and lost.

Part VIII: A scandal 'for the next 10 years'

In her office on the 15th floor in the Altiero Spinelli wing of the European Parliament, German centre-right MEP Ingeborg Graessle shuffles some papers on a table and then pours two glasses of water.

Catalan MEPs lose immunity, slam 'political persecution'

Catalan separatist MEPs Carles Puigdemont, Toni Comín and Clara Ponsatí lost their parliamentary immunity - a result they have hailed as a "political victory" for bringing the conflict between Catalonia and Spain closer to the heart of Europe.

12-month Future EU Conference is 'impossible', expert warns

The debate about the much-delayed Conference on the Future of Europe so far has been locked in endless institutional infighting over who should lead the event - lowering the expectations about what can be achieved in the coming months.

Future of Europe: Nearly half of citizens want reforms

European Parliament president David Sassoli called for the Conference on the Future of Europe "to start as soon as possible". Meanwhile, nearly half of EU citizens would like to see reforms to the bloc.

News in Brief

  1. Bulgaria's president appoints interim government
  2. Navalny poised to win EU human rights prize
  3. Poland will not leave EU, says Kaczyński
  4. Eurozone wages fall for first time in a decade
  5. Israel joins EU digital Covid-certificate programme
  6. Johnson reshuffles UK cabinet: new foreign minister
  7. Macron says French forces killed Islamic State leader in Sahara
  8. Finance minister tipped to become Sweden's first female PM

MEPs chide Portugal and Council in EU prosecutor dispute

The Belgian and Bulgarian prosecutors who were appointed had also not been the experts' first choice. Belgian prosecutor Jean-Michel Verelst has challenged the council's decision at the European Court of Justice.

Stakeholders' Highlights

  1. Nordic Council of MinistersNATO Secretary General guest at the Session of the Nordic Council
  2. Nordic Council of MinistersCan you love whoever you want in care homes?
  3. Nordic Council of MinistersNineteen demands by Nordic young people to save biodiversity
  4. Nordic Council of MinistersSustainable public procurement is an effective way to achieve global goals
  5. Nordic Council of MinistersNordic Council enters into formal relations with European Parliament
  6. Nordic Council of MinistersWomen more active in violent extremist circles than first assumed

Latest News

  1. Von der Leyen issues rallying cry for more EU sovereignty
  2. Von der Leyen doubles up on vaccine-donation pledge
  3. Why won't EU forces fight together, von der Leyen asks?
  4. EU pitches infrastructure investment plan to rival China
  5. EU diplomats oppose common forest-monitoring rules
  6. EU 'stands by Afghans' but wants most kept away
  7. Russia's biggest enemy? Its own economy
  8. Textbook hypocrisy: EU's new low point on Palestine

Join EUobserver

Support quality EU news

Join us