• Draft Decree of the Consell approving the Regulation on recruitment, mobility and provision of positions within the Administration of the Generalitat.

On 25 August 2025, the notice of the prior public consultation on the draft Decree of the Consell approving the Regulation on recruitment, mobility and provision of positions within the Administration of the Generalitat was published in Official Gazette of the Generalitat Valenciana (DOGV) No. 10179. Based on the information provided during this procedure by the Directorate-General for the Civil Service, and on the prevention and investigation activities carried out by the AVAF in this field, a series of considerations were submitted —approved by Resolution No. 620/2025 of 22 September of the Director of the Agency— in order for them to be taken into account in the drafting of this regulatory provision.

Thus, attention was drawn to the numerous complaints received in relation to non-compliance with the constitutional principles of equality, merit and capacity within the instrumental public sector, as well as to the irregularities detected and the recommendations already issued by the AVAF regarding both staff recruitment and the provision of positions within public administrations.

With regard to staff recruitment, the considerations formulated —based on the complaints received by the AVAF and on the applicable case law— highlight situations involving failure to meet access requirements or the inappropriate composition of selection boards, as well as the need to establish integrity and transparency measures for the conduct and assessment of examinations, including the scoring of the competitive phase in stabilisation processes.

Furthermore, in relation to the provision of positions and the mobility of public employees, specific reference is made to complaints received concerning provisional appointments for promotion purposes or the irregular use of the job exchange mechanism.

• Preliminary Draft Organic Law on the Implementation of the State Plan to Combat Corruption.

By Resolution No. 638/2025 of 26 September 2025 of the Director of the Agency, a series of considerations were submitted within the framework of the prior public consultation procedure opened by the Ministry of Finance on 10 September, in relation to the Preliminary Draft Organic Law on the Implementation of the State Plan to Combat Corruption.

In summary, the AVAF highlighted the existing body of regulations and institutions —particularly at regional level— that can contribute to the implementation of the State Plan to Combat Corruption on which the proposed legislation is based, and to which no reference is made in the information provided for the prior public consultation. Likewise, the Agency’s document emphasises the need to approve a National Anti-Corruption Strategy, which has not only been repeatedly recommended to Spain by major international reports, but also constitutes a legal mandate addressed to the Government under the Fifth Additional Provision of Law 2/2023 of 20 February regulating the protection of persons reporting regulatory infringements and combating corruption. This strategy must necessarily be developed in cooperation with the Autonomous Communities.

• Preliminary Draft Law on Open Administration.

On 14 October 2025, the Ministry of Digital Transformation and the Civil Service opened the period for submitting allegations within the public hearing and information procedure for the Preliminary Draft Law on Open Administration. In light of the AVAF’s scope of action and in fulfilment of its functions, and following an examination of the text, it was considered relevant to submit a series of considerations by Resolution No. 738/2025 of 14 November 2025 of the Director of the Agency, limiting the analysis to those provisions that would constitute basic legislation pursuant to Article 149.1(18) of the Spanish Constitution.

Accordingly, it is proposed in particular to include in the text of the preliminary draft the implementation of risk management programmes within public administrations, in a manner similar to that already envisaged for legal persons that interact with them. Furthermore, with regard to conflicts of interest, and based on the numerous complaints received and the recommendations already issued by the AVAF in this area, the Agency proposes expanding the concept set out in the future Open Administration Act, including elements that allow for the broadest possible interpretation. Likewise, it is proposed to require the implementation of conflict of interest detection and prevention measures already recommended by the AVAF, which should also form part of integrity plans or ethical or codes of conduct to be approved by each public entity.

• Public consultation of the CNMC on the urban transformation of land for housing in Spain.

Finally, on 20 October 2025, the National Commission on Markets and Competition (CNMC) opened the period for submitting allegations within the framework of the public consultation on the urban transformation of land for housing in Spain. Accordingly, and by Resolution No. 754/2025 of 21 November 2025 of the Director of the Agency, the considerations were approved, structured around a question-based framework and focused on the territory of the Valencian Community.

Previously, the Prevention Area prepared, among others, the following proposals concerning plans or regulations in the process of approval:

In relation to the Bill to amend Law 1/2022 of 13 April on Transparency and Good Governance of the Valencian Community, and Law 8/2016 of 28 October on Incompatibilities and Conflicts of Interest of non-elected public office holders, four amendments were proposed with the aim of preventing conflicts of interest and complying with the recommendations of international bodies. These amendments were ultimately approved by Resolution No. 444/2024 of 26 April 2024 of the Director of the Agency.

By Resolution No. 305/2024 of 25 March of the Director of the Agency, observations were approved regarding the Fifth Open Government Plan —which ultimately covers the period 2025–2029— focusing on Commitment 3, “Integrity and accountability: strengthening integrity mechanisms within public institutions and fostering public trust”, and Commitment 10, “Open State”, of a more cross-cutting nature, aimed at promoting the values of transparency, accountability, citizen participation and integrity across all public administrations and institutions.

On 16 January 2023, by Resolution No. 23/2023 of the Director, the allegations, suggestions and observations were approved regarding the draft Decree of the Consell implementing Law 22/2018 of 6 November on the General Inspectorate of Services and the alert system for the prevention of malpractice within the Administration of the Generalitat and its instrumental public sector.

The AVAF’s general observations focused on the need to justify compliance with the principles of good regulation and to respect the coherence of the overall regulatory framework. To this end, a number of legal provisions were identified to be taken into consideration when drafting the regulation under consideration, highlighting the partial regulation proposed for mechanisms such as whistleblower protection and suggesting the inclusion in the draft Decree of those aspects capable of regulatory development, in the same way as has been done for other legal provisions of similar content. In particular, observations were made on certain provisions of the draft text referring to other oversight bodies and, specifically, to the AVAF.

With regard to the Bill on Transparency and Good Governance of the Valencian Community, later approved as Law 1/2022 of 13 April, up to eleven amendments were proposed to its Title III on Good Governance, most of which were accepted. In addition to incorporating the possibility of reporting situations potentially constituting fraud or corruption through the AVAF’s reporting channel, other amendments were accepted, including those to Articles 55 and 56 concerning the drafting of codes of ethics, laying the foundations for common content applicable to all public administrations, as well as those relating to the implementation —with the participation of the Agency— of the institutional integrity system to be promoted by the Consell of the Generalitat Valenciana.

On 28 September 2020, suggestions were submitted regarding the Preliminary Draft Law on fiscal measures, administrative and financial management and organisational structure of the Generalitat for 2021, in relation to the amendment of Law 8/2016 of 28 October of the Generalitat on Incompatibilities and Conflicts of Interest of non-elected public office holders. In this regard, suggestions were made on the basis that situations involving conflicts of interest may affect the impartiality and objectivity with which public servants are required to act, and constitute one of the most significant risks of fraud and corruption. Accordingly, the AVAF considers it essential to ensure that any amendment to the law in question complies with a systematic interpretation of the legal system, integrated with the regulation to be amended and its implementing legislation, avoiding the creation of legal uncertainty and, above all, respecting its spirit and the will of the legislator to regulate situations of conflict of interest.