The Ethics Committee of the Valencian Anti-Fraud Agency is constituted after the appointment of its members

Valencia, March 22,  2022.- On February 10, 2022, the Valencian Anti-Fraud Agency approved the Code of Ethics and Conduct for its staff that includes the ethical principles and values of good governance that must inform all the actions of the Agency and will regulate the impartiality, confidentiality and conduct that must necessarily be observed by the staff, especially with regard to the conflict of interest.

Chapter IV of the Code provides for the establishment of an Ethics Committee to ensure the proper application of the Code and to help resolve all disputes that may arise. Once the people who will be part of this Ethics Committee were appointed, it was constituted last week.

The Committee is made up of two persons from outside the AVAF who have been appointed for a period of four years on the proposal of the AVAF Board of Directors. They are Antonio Penadés Chust and  Mª Luisa Cuerda Arnau.

In the case of Antonio Penadés Chust, he is a member of the Participation Council of the Agency, thus complying with the provisions of Article 35, paragraphs 1 and 2, which states that the Committee will be formed by persons outside the AVAF, one of them being at least a member of the Participation Council.

For her part, Mª Luisa Cuerda Arnau is a professor of criminal law specializing in fundamental rights at the Jaume I University of Castellón.

The third member of the Ethics Committee who has been chosen from among the Agency’s own staff by vote is Amparo Martí Puertes, head of the Support and Expertise Unit.

With the appointments of these persons, article 6.3 is also complied with, which states that the Committee will be composed of a maximum of four people, three of them external from among professionals of recognized prestige in the field of the defense of public ethics, integrity and transparency, among which, at least one will be a jurist and another chosen among the staff of the Agency.

Among the functions of the Ethics Committee are to ensure compliance with the Code of Ethics and Conduct: to promote its dissemination and internalization by the beneficiaries; to inform about the doubts or queries that may arise in the cases of interpretation of the Code; to attend to the internal complaints referred to in the Code; to formulate recommendations on breaches of the Code or to prepare an annual report in which it is explained the degree of compliance with the Code.

The Code of Ethics is available on the Agency’s website and can be accessed via this link:

https://dogv.gva.es/datos/2022/02/18/pdf/2022_1132.pdf

Ethical organizations

“The first step in the evolution of ethics is a sense of solidarity with other human beings.” (Albert Schweitzer) An ethical organization is one that is designed so that its structure and operation fully correspond to the general interest, as well as to the principles of legality, objectivity, transparency, effectiveness and efficiency. In addition to the above, and also consequently, in an ethical organization, ethical public performance, the culture of public integrity and the development of the values that are its own are encouraged, projecting those values abroad. We highlight ten elements of ethical organizations: 1.- Well-formed electronic procedures.  That the inner workings of an organization should be electronic is something that no longer offers any debate  at the present time.  This type of operation would cover both the procedures and the rest of the functional processes of the entity.  The previous work of cataloguing, simplification and procedural reengineering  is key. Debureaucratization is essential. From there, the electronic files are composed of electronic documents signed and / or sealed electronically, formed through electronic actions carried out within a reliable, traceable and traceable system that prevents or hinders to the extreme the possibility of cheating. All this finally ends in an electronic link that must comply with the legal requirements, and on which in turn the transparency and historical memory of the institution will be supported. 2.- Quality electronic services. This point refers to the external part of the electronic administration, referring mainly to the adequate configuration of the platforms for public use, although other instruments such  as social networks or telematic attention  could also be included. These platforms must allow an effective, intuitive, simple, effective and accessible use.  Documents that are already in the possession of the Administration should not be requested, nor should data verifiable by it. In general, bureaucracy should be reduced as much as possible by incorporating responsible statements as far as possible. Excessive bureaucracy is a form of corruption. Priority should also be given to the use of identification systems, unless signature was legally essential.  In addition, the various services must ensure compliance with national  safety and  interoperability schemes. 3.- Automation of simple processes.  At this time, a certain degree of automation of certain actions would already be desirable, thus generating an improvement in agility and efficiency. Regulated procedures and acts allow for greater incorporation of this type of mechanism, given that they do not involve a value judgement. The main tool of automation is the electronic seal, especially the organ seal that is automatically stamped in place of the electronic signature of the employee or authority. The procedures, actions and documents to which it will apply must be identified in advance. Beyond the seals (entity, organ, time, etc …), the extraprocedimental operation  of the entity must progressively incorporate algorithms, as an advanced programming tool and instrument of help in management, guaranteeing in its case the adequate human supervision especially in cases in which the weighting of the circumstances is necessary. 4.- Measures for the legalization of public procurement.  Public procurement has been and still is one of the main focuses of corruption.  Before going to any type of tender, the need report must be made.  Unless otherwise justified in a specific case, a service that already corresponds to an internal department may not be contracted externally. Competition should be promoted, even in minor contracts, and  at least a reliable record of all actions should remain in these  contracts. Such information shall be published in accordance with the provisions of the Act.  Greater planning will in any case avoid the proliferation of certain minor contracts that correspond to periodic and repetitive needs, and therefore foreseeable.  It is also advisable   to use so-called rationalization systems, such as purchasing centers or dynamic purchasing systems.  The specifications of administrative clauses will contemplate the vicissitudes related to the execution of the contract, thereby reducing the conflict and judicialization, especially in large concessions and long-term contracts. Splitting and, as far as possible, modified splitting should be avoided. All phases of the life of a contract must be carried out through electronic means, especially the tender through an approved public or private platform that allows the encrypted presentation of the offers, but also the preparation, formalization, the administrative part of the execution and the invoicing.  In a more advanced stage, the archiving and recording of all performances can be done through the use of blockchain technology. 5.- Active safeguarding of the rights of citizens.  The legal system recognizes individuals, as such, rights of different kinds. After the seamless assurance of the free exercise of fundamental rights and, after these, those of democratic and social participation, the degree of development of the so-called administrative rights is relevant as a thermometer of an advanced society. The right of access to information is particularly important in our area. The Administration works for and for citizens. Users should not be left unattended in any way.  The offices of citizen attention are currently called “assistance”, nomenclature that must be applied in its literal sense.  Ex officio actions should not only be reserved for sanctioning procedures, but also for the recognition or authorization of pre-existing rights of persons who do not request them.  Without prejudice to what is already indicated in the point dedicated to the tender, in general  the legal  procedures that correspond in each case  must be adequately articulated  and that ensure the concurrence and selection in conditions of publicity and equality (subsidies, selective processes, contracts, authorizations …) .  Finally, the most modern dimension of people’s rights must be focused on social justice and sustainability (economic and environmental). 6.- Second generation transparency: open data.  Publishing the information established by the Law is no longer enough. In any case, an organization is not transparent only because it has a portal, and much less if it is not fully electronic, accessible, interoperable and if the information it contains is not reusable.  At this point we must mention again the right of access to information, the safeguarding of…

The Valencian Anti-Fraud Agency debates corruption in the classrooms of the double Degree in Law and Economics at the University of Valencia

#TrainingAVAF

The first docufòrum of the term was held at Valencian universities, this time with students from the double Degree in Law and Economics at the University of Valencia.

The AVAF develops training actions to offer knowledge and civic awareness, especially to future professionals, and foster a culture of prevention and fight against any conduct that encourages corruption.

On this occasion, the activity took place at the Faculty of Law of the University of Valencia with first-year students of the double degree in Law and Economics, with the attendance of 42 students and the participation of the teacher of the subject of Constitutional Organization of the State , Rosario Serra, and the head of the Agency’s Training Service, Anselm Bodoque.

After watching the documentary “Corruption: Harmful Organism”, the students star in the training experience with their questions, focused on the origin and causes of corruption, the effect and collective costs it generates (economic, institutional quality and public morality) , the perception of corruption in our society and with respect to other countries around us, what to do in cases of corruption. In the same debate, it is used to talk about ethics and integrity, as well as prevention and civic education. And of the functions and work of the Valencian Antifraud Agency, above all, and given the profile of the double degree, on the issues of the different costs of corruption and the regulatory development both from Europe and in the Valencian Community.

The debate with the students allows students to reflect on the ethical limits and risks of corruption. The students were also interested in the recovery of assets and the protection of whistleblowers.

These activities are organized in collaboration with the University of Valencia, which we thank for its interest and willingness to help create a culture of public integrity and rejection of fraud and corruption.

If you are a university, secondary or high school teacher and you are interested in having the training activity “Docufòrum: Corruption, harmful organism” carried out in your subject, do not hesitate to contact the Training Service of the Valencian Anti-Fraud Agency through from formacio@antifraucv.es.

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