The functions of the Valencian Anti-Fraud Agency are:
a) The prevention and investigation of possible cases of irregular use or use of public funds and of conduct contrary to integrity or contrary to the principles of objectivity, effectiveness and full submission to the law and the law.
b) Prevention and alert in relation to conduct of personnel at the service of public entities that involve the use or abuse for private benefit of information that they have by reason of their functions or that have or may result in the use or destination irregular public funds or any other use contrary to the legal system.
c) Investigate the acts or omissions that could constitute an administrative, disciplinary or criminal offense and, depending on the results of the investigation, urge the initiation of the corresponding procedures to purge the responsibilities that may correspond.
d) The evaluation, in collaboration with the existing control bodies, of the effectiveness of legal instruments and existing measures in the field of prevention and fight against fraud and corruption, in order to guarantee the highest levels of integrity, efficiency and transparency, especially in matters of public procurement, decision-making procedures, provision of public services and management of public resources, and access and provision in public employment to guarantee respect for the principles of publicity, equality, merit and capacity.
e) Carry out studies and analysis of prior risks in activities related to administrative contracting, the provision of public services, public aid or subsidies and decision-making procedures, in collaboration with the audit or intervention services. In particular, it will study the reports referred to in article 218 of Royal Legislative Decree 2/2004, which approves the revised text of the Law regulating local finances, of which the intervention will send an annual copy to the agency and the evaluation of his transfer to the anti-corruption prosecutor’s office.
f) Carry out advisory functions and make proposals and recommendations to Les Corts, the Consell de la Generalitat and the entities included in the scope of action in matters of integrity, public ethics and prevention and fight against corruption.
g) Assist, when requested, the parliamentary investigation commissions by issuing non-binding opinions on matters with respect to which there are indications of the irregular use or destination of public funds or of the illegitimate use of the public status of a post.
h) Collaborate with the internal and external control bodies and agencies of administrative action in establishing prior, clear and stable criteria for the control of public action.
i) Collaborate with the competent bodies in the training of personnel in matters of integrity and public ethics through the development of training guides and specialized advice in the fight against fraud and corruption.
j) Collaborate with the competent bodies in matters of conflicts of interest and incompatibilities to prevent and correct actions that may violate the applicable regime in each case.
k) Establish collaborative relationships and the preparation of action proposals with organizations that have similar functions in the State, in the autonomous communities or in the European Union.
l) The contribution that the agency can make in the creation of a social culture of rejection of corruption, either with specific awareness programs for citizens or in coordination with public administrations or other public or private organizations.
m) Those other actions whose content and purpose can be considered preventive actions against fraud and corruption.
n) Promote meeting and exchange spaces with civil society periodically where their contributions will be collected.
o) All other powers assigned by law.
Delimitation of functions and collaboration
In any case, it is understood that the functions of the agency are, without prejudice to those exercised, in accordance with specific regulatory regulations, by the Audit Office, the Síndic de Greuges, the Council for Transparency, Access to Public Information and Good Governance, the General Comptroller of the Generalitat, the General Inspection of Services, the competent bodies in matters of incompatibilities and conflicts of interest and the control, supervision and protectorate bodies of the entities included in the corresponding scope of action, and that act in any case in collaboration with these institutions and bodies. The agency will provide all the information it has and will provide the necessary support to the institution or body that carries out the corresponding investigation or inspection.In compliance with its tasks, the agency may provide collaboration, assistance and the exchange of information with other institutions, bodies or public entities through joint plans and programs, functional collaboration agreements and protocols, within the framework of applicable regulations.
The agency does not have competence in the functions and matters that correspond to the judicial authority, the prosecution service and the judicial police, nor can it investigate the same events that have been the subject of its investigations. In the event that the judicial authority or the prosecutor’s office initiate a procedure to determine the criminal significance of facts that are at the same time the object of the agency’s investigative actions, the agency must interrupt its actions and immediately provide all the information of the that it has, in addition to providing the necessary support, being a body of support and collaboration with the judicial authority and the prosecutor’s office when required. The agency will request periodic information from the prosecutor regarding the process of the proceedings initiated at its request.
When the agency’s investigations affect Les Corts, the statutory institutions, the local administration, the Valencian public universities and, in general, anyone who enjoys constitutionally or statutory recognized autonomy, they will be carried out ensuring due respect for their autonomy.
The agency is related to Les Corts through the parliamentary commission that is established. This commission is responsible for controlling the agency’s performance and verifying the requirements demanded of the candidate for director before the election by the Plenary of Les Corts. The agency, whenever required, will cooperate with the parliamentary investigation committees in the preparation of opinions on matters within its scope of action. Likewise, the director of the agency will go to the parliamentary committees to which it is summoned to report on the status of its actions and may request, when it deems it appropriate, to appear.
The agency is related to the Consell de la Generalitat through the person in charge of the Ministry responsible for transparency and with the rest of public entities through the one-person body that represents them. All this without prejudice to the fact that, in the exercise of its functions, the agency may direct communications and requests directly to the higher and directive bodies of this entity.
At the local level, it will ensure the independent and effective exercise of the functions of control and legality and supervision in the field of local administration, including dependent and non-instrumental entities, through access to the information issued by the supervisory body based on of article 218 of the consolidated text of the local tax system.
The agency will cooperate with the general administration of the State, from which it can request, in the terms and conditions established by the legal system, the data and background information that is necessary to fulfill the functions and powers that this law attributes to it in its scope of action and within the competences established by the Statute of Autonomy of the Valencian Community and the rest of the legal system.
The agency is related to the regional, state, community and international institutions that have competences or that fulfill similar functions. Likewise, with any person, group or entity that wants to make suggestions, proposals or request their action in matters of prevention and control of fraud and corruption.