October 16
2021
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Trajan Shipley
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23rd June 2021
Institutional law

Ombudsman finds no maladministration in OLAF’s refusal to give public access to call for tenders

The European Ombudsman delivered her decision in case 193/2021/AMF, finding that the European Anti-Fraud Office’s (OLAF) refusal to grant public access to a call for tenders for an EU-funded project that resulted in an investigation did not constitute maladministration, as the disclosure of the call would have undermined OLAF’s decision-making process and the purpose of its investigations.

In the case at issue, a complainant requested the details of a call for tenders for an EU-funded project that, according to the 2019 OLAF Annual Report, resulted in an investigation. OLAF refused to give access due to ‘the requirements of investigative and potentially judicial secrecy’ of its investigations, noting that the EU Courts have recogn

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