Dr. Péter Polt, Prosecutor General of Hungary met in his office Ville Itälä, Director-General of the European Anti-Fraud Office (OLAF) to reinforce their existing efficient cooperation.
Reviewing and further strengthening their existing cooperation were in the focus of the meeting that Dr. Péter Polt, Prosecutor General of Hungary held with Mr. Ville Itälä, Director-General of the European Anti-Fraud Office (OLAF), during Mr. Itälä's official visit to Hungary.
The Prosecution Service of Hungary and OLAF have been closely cooperating, regularly holding meetings at high and expert level.
OLAF and the Prosecution Service of Hungary also gave a framework to their excellent cooperation by signing an administrative cooperation arrangement in February 2022.
OLAF is mandated to detect and investigate fraud, corruption and other irregularities concerning the use of EU funds, and as a result of its administrative investigations it may, inter alia, make administrative, disciplinary, financial or judicial recommendations.
OLAF issues a judicial recommendation where on the basis of its administrative investigation it finds that information obtained in the case may give rise to suspicion of crime. As a follow-up to OLAF’s judicial recommendation, the competent authorities of the Member State concerned have the power to decide whether to open a criminal investigation. OLAF may also issue judicial recommendation to take into account OLAF’s findings in an already ongoing criminal proceeding.
Mr. Ville Itälä highlighted that OLAF has fostered a good working relationship with the Office of the Prosecutor General of Hungary, and joint actions will continue to be necessary for the effective protection of the financial interest of the EU.
Dr. Péter Polt emphasized that it is a good indication of this close relationship that although no legal obligation exists, the Prosecution Service of Hungary orders a criminal investigation to be opened in each case as a follow-up to all OLAF’s judicial recommendations and where criminal investigations are already ongoing, OLAF recommendations are made part of and assessed in connection with the investigations files.
OLAF Report 2023 found that, among the cases where OLAF had issued judicial recommendations to Hungary between 2019 and 2023, indictments had been filed in two cases and the criminal investigation had been dismissed in one case, which means a 67% ratio. This rate is an outstanding achievement, considering that the EU average for cases ending with indictments is 37%. In 15 cases, referred to as “decision pending” by the OLAF Report, the national judicial authorities have not made the final decision about the outcome of the investigation, the criminal investigation is still ongoing.
In 2023, OLAF made altogether two judicial recommendations to the Prosecution Service of Hungary. As a follow-up to one recommendation, the Hungarian authorities ordered the opening of a criminal investigation, whereas the other recommendation was used and assessed in the course of the already ongoing criminal investigation.
In 2023, courts issued final convicting judgements in accordance with the indictments in three cases where indictments had been filed.
During their meeting, the partners reinforced that they continue to consider the effective exchange of information and cooperation between their offices, the EPPO and OLAF, as well as between the EPPO and the Prosecution Service of Hungary as highly important in cases of criminal offences affecting the financial interests of the EU. To this end, both OLAF and, in April 2021, the Prosecution Service of Hungary too signed a working arrangement with the EPPO.
