According to the Annual Report of the European Anti-Fraud Office (OLAF) for 2021, published on 8th June, the Prosecution Service of Hungary filed indictments in 67% of OLAF-cases between 2017 and 2021, which is a significantly higher figure than the EU average of 35%. The number of judicial recommendations addressed to the Prosecution Service of Hungary has been steadily decreasing over the years. Every judicial recommendation is followed by an investigation in Hungary. OLAF is more and more often making judicial recommendations in cases that are already under investigation in Hungary.
OLAF carries out investigations into administrative irregularities against EU funds, but it does not determine whether a criminal offence has been committed or not, nor does it prove any criminal offences with evidence. OLAF has neither authorization nor any tools to do so.
Although no such legal obligation exists, the Prosecution Service of Hungary – in accordance with the instruction of Prosecutor General Dr. Péter Polt – has issued an order on the opening of a criminal procedure in each case based on OLAF recommendations, and where an investigation was already ongoing, OLAF's recommendations were attached to the investigation files and were assessed as a part thereof.
Contrary to the misinterpretation published in some media outlets, there is no judicial recommendation which has not led to the initiation of an investigation, and which would not be substantially addressed by the Hungarian authorities.
It stands out from OLAF's latest Annual Report for 2021 that the Prosecution Service of Hungary indicted 67% of the OLAF cases. This figure is an outstanding result, as it is almost double of the EU average of 35%.
OLAF is increasingly making judicial recommendations in cases that are already under investigation in Hungary. There were ongoing investigations in all recommendations of the last three years.
The number of judicial recommendations is declining year by year. While there were ten in 2016, in the last two years only two recommendations were received, in each year respectively.
The Prosecution Service of Hungary and OLAF cooperate closely by holding regular meetings at both managerial and expert levels.
In February 2022, the excellent co-operation between OLAF and the Hungarian Prosecution Service was recorded in the form of a working agreement. The framework for work based on common interests and goals has since been formally provided even by the working agreement.