By Martin Banks - 4th March 2010
There are serious concerns about this appointment
EPP
The commission has been attacked for "failing to follow the correct" procedures in appointing an acting director of Olaf, the EU anti-fraud agency.
Nicholas Ilett, a Briton, was appointed to the post by the commission following the recent sudden death from cancer of Olaf's long-standing DG, Franz-Hermann Brüner.
Ilett will remain acting DG until a permanent appointment is made.
But several political groups in parliament are incensed because they say that neither the institution nor member states were consulted over the move "as required by EU law."
The groups issued a joint statement which reads, "This decision is an infringement of parliament's rights as well as a breach of one of Olaf's own regulations."
It is signed by MEP coordinators from four groups in the parliament's budgetary control committee: Jens Geier (S&D), Inge Graessle (EPP), Bart Staes (Verts/ALE) and Søren Bo Søndergaard (GUE/NGL).
They claim that the commission's "single-handed" nomination of a candidate for the post of 'acting director of OLAF' is cause for "real concern."
EPP press officer Lasse Bohm explained," We have no issue with Ilett personally but, according to the treaties, parliament and council should have been consulted before this appointment was made.
"The acting DG has the sole right to initiate an investigation into alleged fraud.
"The problem is that should he open an inquiry into fraud the individual or organisation concerned could challenge this in the European Court of Justice on the grounds that Ilett did not have the necessary consent because he was not appointed properly. The nomination process for Mr Brüner's successor is likely to take months."
He added, "It is for this reason that there are serious concerns about this appointment."
"The coordinators´ views on this are clear: the commission's decision is illegal and puts at risk all cases presently handled by the Olaf.
"The budgetary control committee will keep this on its agenda and it should be remembered that Olaf's supervisory committee as well as parliament's legal service support this opinion."
Brüner, a German who died on 9 January, had been DG for 10 years and is credited with having built up the organisation from its infancy.
However, the agency, under his tenure, was also criticised by some for failing to take the issue of EU fraud seriously enough.
Ilett, who was Brüner's deputy, has been with Olaf since 2002 having previously worked for the UK civil service.
No-one at Olaf or the commission was immediately available for comment.
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