In accordance with articles 4.f) of Law 11/2016, of November 28 and 19.h) of the Operating and Internal Regime Regulations, the Agency has the function of advising and formulating proposals and recommendations to the Corts Valencianes, to the Consell de la Generalitat Valenciana and to the entities included in its scope of action in matters of integrity, public ethics and prevention and fight against corruption, on current regulatory provisions or in the approval process. |
In this sense, the Prevention Service has presented the following allegations:
In this sense, we make these suggestions when assessing that situations of conflicts of interest can affect the impartiality and objectivity with which public servants have to act, and are one of the most important risks of fraud and corruption. Hence the importance of proper regulation of the phenomenon, which provides legal certainty, as well as proper management of these situations. These observations were addressed to the Department of Participation, Transparency, Cooperation and Democratic Quality, for its free consideration, with the aim of contributing to the improvement of regulatory quality and with the conviction that an adequate preventive measure is that the regulation incorporates, from the moment of its gestation, the perspective of public integrity. In this sense, we consider that it is necessary to ensure that any modification of the law in question is adapted to a systematic interpretation of the legal system, as well as integrated with the norm that is to be modified and with the implementing regulations (in this case, in relation to a coherence of the functional scope of the Office for the Control of Conflicts of Interest (OCCI)), avoiding generating legal insecurity and, above all, also taking into account its spirit and the will of the legislator to regulate situations of conflicts of interest. interest. In the report on the result of the hearing process, the ministry stated that they accepted the suggestions of this AVAF, preparing a new regulatory text adjusted to our considerations. For this reason, we are grateful and satisfied to have collaborated in said regulatory process.
The first four amendments formulated by the AVAF, all of them referring to article 54 of the law, sought a more complete, detailed and coherent regulation with the current regulations of the principles that must govern the actions of public servants who are the recipients of the Law. Thus, it was proposed to introduce the principles of exemplary, neutrality and good administration, as well as the necessary accountability, not only before internal control bodies but also before external control bodies, in order to achieve complete supervision of public policies and their management. All of this would give rise to a system of integrity that generates the trust of citizens in the functioning of the institutions of the Valencian Community. The AVAF also proposed expanding the scope of operation of the principle of public participation to the processes of drafting regulations and not only in relation to the drafting of public policies, which would facilitate real and effective participation in public affairs as a whole. of the society. Another of the amendments contemplated the possibility that, in situations potentially constituting fraud or corruption, it is alerted, making use of the mailbox that this Valencian Anti-Fraud Agency has in operation for this purpose, to enable its adaptation to Directive (EU) 2019/ 1937 of the European Parliament and of the Council of October 23, 2019, regarding the protection of people who report on Union Law, in relation to the institutional regulations of this Agency. With regard to the regime of incompatibilities, the necessary express reference to the conflict of interest between public and private interests was proposed, both during the exercise of the position, given the need for the former to prevail in the decision-making processes, and afterwards. of its cessation, with a view to curbing the well-known, but present phenomenon of “revolving doors”. The AVAF also proposed, in relation to the policies for accepting gifts, that each administration specify, in their respective codes of ethics and conduct, their limits in terms of uses and customs, the maximum thresholds, as well as the main obligations notification, return, registration and advertising of gifts. In relation to the elaboration of these codes, the AVAF intended, in its amendment to article 55.1, to lay the foundations of the common ethical content for all public administrations that would serve as a framework on which each of the administrations would later adapt to their special characteristics and circumstances. Likewise, it was proposed that these codes be applicable both to people who hold senior positions and to all people who work in public administrations. In its amendment to article 56, the Agency proposed to complete, with different elements and tools, the institutional integrity system of the Valencian Community to be promoted by the Consell, offering to provide advice on its design and implementation. All of this, with the appropriate provision for training actions in matters of public integrity and under the supervision of the ethical infrastructure by the different control bodies, such as this Agency. Lastly, the Agency proposed to complete article 63.2 with the main elements to be taken into account to foster in each administration a culture of planning and evaluation of public policies and their management, in line with the requirements and contents addressed in our general recommendation on institutional planning. These amendments were addressed to the Corts Valencianes, and were exposed by the director of this Agency during his appearance in the Coordination, Organization and Regime Commission of the Institutions of the Generalitat. Likewise, they were sent to other entities such as the Department of Participation, Transparency, Cooperation and Democratic Quality, for their knowledge and free consideration, with the aim of contributing to the improvement of regulatory quality and with the conviction that an adequate prevention measure is that the norm incorporates, from the moment of its gestation, the perspective of public integrity. From the analysis of the ordering of amendments processed, it is determined that most of the proposals made by the Prevention Service have been accepted, so we are satisfied to have participated in this process. |