The Role of an AFCOS in a New Anti-fraud Architecture

It goes without saying that the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) form the heart of the protection of the EU’s financial interests. However, the national authorities of the EU Member States are in the frontline when it comes to fighting fraud, bearing in mind that achievements in the field of the protection of the EU's financial interests also depend on the readiness and capacity of OLAF’s and EPPO’s partners in the Member States, (potential) candidate countries, and other non-EU countries, all of which cooperate to this end. While the EPPO facilitates the achievement of its objectives in many ways through delegated prosecutors, OLAF, lacking a possibility to delegate its function, mainly relies on the anti-fraud coordination services (AFCOSes). These are established in each EU Member State to ensure effective cooperation and exchange of information with OLAF. In the absence of a stable legal framework for the role and mandate of an AFCOS, the challenges for cooperation with OLAF and also with other partner institutions are even greater. This article tackles the issue of why it is necessary to better define the role and mandate of an AFCOS in the area of the protection of the EU’s financial interests. A strengthened structure would enable the AFCOS to play a more significant role in the new anti-fraud architecture and in this way ensure, with improved capacities, better and more effective cooperation and partnership with the EU and relevant national authorities.