154The Tribunal points out that the principle of the presumption of innocence is a fundamental right which the European Union Courts must ensure is observed by the institutions. That right is identified in case-law as a general principle applicable to administrative proceedings having regard to the nature of the infringements in question and the nature and degree of severity of the ensuing penalties. It follows that the right to a presumption of innocence applies, even in the absence of a criminal prosecution, for an official accused of a breach of his obligations under the Staff Regulations which is sufficiently serious to warrant an investigation by OLAF, in the light of which the administration may adopt any measure it deems necessary, however severe (judgment in BD v Commission, F‑36/11, EU:F:2012:49, paragraph 51 and the case-law cited therein).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.