The director of the Valencian Anti-Fraud Agency appears before the Basque Parliament in the processing of the Transparency Law of the Basque Country

València, 7 February 2024.- The director of the Valencian Anti-Fraud Agency, Joan Llinares, has appeared online before the Basque Parliament’s Committee on Institutions, Public Governance and Security to make contributions in relation to the draft Transparency Law of the Basque Country.

The hearing, held at the request of the Basque Parliament, is part of the process of processing the aforementioned law that provides for the creation of the Basque Transparency Authority. An Authority that, beyond its functions and its profile as a guardian of transparency in the Autonomous Community of the Basque Country, stands out as the highest public authority that culminates in the so-called external channel for the reception of informants or whistleblowers, in compliance with Law 2/2023, of 20 February, regulating the protection of people who report regulatory infringements and the fight against corruption.

The contributions made by the director of the Valencian Anti-Fraud Agency, Joan Llinares, have dealt with the need to guarantee the independence of the Authority that is planned to be created and for this they have proposed the law for the creation of the Valencian Anti-Fraud Agency as a model.

Law 11/2016, of 28 November, of the Generalitat Valenciana, establishes that the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community is attached to Les Corts. It is configured as an entity, with its own legal personality and full capacity to act for the fulfillment of its purposes. Therefore, a dependency of the legislative body is established, in contrast to the proposal of the Basque bill that establishes that the dependence of the Basque Transparency Authority will be on the executive body.

In the same vein, the Valencian Anti-Fraud Agency has proposed the formula of a majority of 3/5 of the Autonomous Parliament for the election of the management of the aforementioned Authority, as established by Valencian legislation, as opposed to the direct election by the Basque Government, which proposes the Basque Transparency Bill.

For his part, Joan Llinares, stressed after his appearance “we are grateful to the Basque Parliament for inviting us to make contributions to a bill that is so relevant for the promotion of integrity and public ethics in the Autonomous Community of the Basque Country. It is also an endorsement of the work carried out by the Valencian Anti-Fraud Agency since its creation after the approval of Law 11/2016”.

 

 

 

The Library and Documentation Centre on the Prevention and Fight against Fraud and Corruption

Last year marks the 20th anniversary of the 2003 United Nations Convention against Corruption , which Spain ratified in 2006. The Convention requires signatory States to ensure the existence of bodies responsible for the prevention of corruption. In 2016, Les Corts agreed to establish an anti-corruption strategy for the Valencian Community, assuming and implementing the Convention through the approval of Law 11/2016 on the Agency for the Prevention and Fight against Fraud and Corruption. Regulatory framework, institutional framework and context The Valencian Anti-Fraud Agency (also AVAF) was created to prevent and eradicate fraud and corruption in Valencian public institutions and to promote integrity and public ethics, and stresses that among its functions is the contribution that it can make to the creation of a social culture of rejection of corruption.  either with specific programmes to raise awareness among citizens or in coordination with administrations or other public or private organisations. (Law 11/2016, DOGV no. 7928, BOE no. 306) In the regulation that develops Law 11/2016 it is established that the Agency will have a documentary collection specialized in the prevention and fight against fraud and corruption, and in the promotion of integrity and good practices in the Administration, with the aim of building a reference documentation center, which is part of the network of specialized libraries and documentation centers of the Valencian Community.  and that it is at the service of the citizenry. (AVAF Regulation, Article 29, DOGV no. 8582) Beyond the normative and institutional frameworks themselves, it is important to remember that the Universal Declaration of Human Rights contemplates the right to information and the right to freedom of expression as fundamental rights. (Universal Declaration of Human Rights, 1948. Article (19) IFLA, for its part, argues that libraries and information services are vital to an open and democratic Information Society, and are essential for a well-informed citizenry and transparent government. (IFLA, Alexandria Manifesto, 2005) Law 4/2011 on libraries in the Valencian Community conceives reading as a basic tool for the development of personality and also as an instrument for socialization, that is, as an essential element for training and democratic coexistence, to develop in the information society. To read is to choose perspectives from which to situate our gaze, inviting us to reflect, to think and to create. (Law 4/2011 on libraries of the Valencian Community, DOGV no. 6488, BOE no. 91) Since 2020, the AVAF Documentation Service has been working intensively on the implementation of the Agency’s information and documentation system and its archive, with the aim of facilitating access to the information generated in the performance of its functions and promoting transparency in public institutions, and, in parallel,  It has also been working on the implementation of the Library and Documentation Centre on the Prevention and Fight against Fraud and Corruption. The mission and lines of development of the collection The mission of the Documentation Service is to facilitate access to information and documentation resources in the field of the fight against fraud and corruption, to contribute to the investigation, prevention, training and dissemination work of the Valencian Anti-Fraud Agency, and to collaborate in the processes of creation and dissemination of knowledge that are specific to its functions.  All this to promote a better informed and participatory society in which a culture of rejection of corruption strengthens democratic values. Consequently, the library’s collection is developed around the following subjects: Ethics and Public Integrity Transparency, access to public information, citizen participation and good governance Fraud & Corruption Prevention Social awareness of fraud and corruption Analysis, investigation and study of corruption cases Reporting Channels Whistleblowing and protection of corruption whistleblowers Ethics, Philosophy of Law, Social and Political Philosophy, and Professional Deontology And other more transversal ones related to law, administration, and the geographical, social, regulatory and institutional context of the Agency. The collection that the AVAF is putting together is a unique collection, there are no specialized information resources in the prevention and fight against fraud and corruption throughout the Spanish territory. Although it is possible to locate many of the documents contained in the AVAF collection scattered in other libraries of the administration and in university libraries, we are facing the project of bringing together a unique collection, with the aim of also opening up to the public. The OPAC and services The Documentation Service recently put out to tender, through the Public Sector Procurement Platform <https://contrataciondelestado.es/>, the Integrated Library Management System, SIGB, which has allowed us to make consultation on the fund available through an OPAC. The OPAC is accessible from the Agency’s homepage https://www.antifraucv.es/ , and also directly in https://biblioteca.antifraucv.es/. Consultation of the OPAC is available from any computer connected to the internet 24/7, is permanently updated, allows the simultaneous concurrence of users and allows bibliographic searches to be carried out on the AVAF documentary collection. Currently, AVAF funds are only accessible to Agency staff due to the respect due to confidentiality in their actions (Law 11/2016, Article 8. and AVAF Regulations, Article 9) In addition, internally and as a service to the AVAF staff, the services provided by specialised libraries and documentation centres to the community of users they serve have been standardised. The acquisition and subscription of basic information resources such as books and other bibliographic materials, yearbooks and legal and multidisciplinary databases has been standardized. After their technical process, they are immediately made available to users, with training, if deemed necessary. Reference services, thematic searches, and locating and obtaining documents are also provided. And, finally, selective dissemination of information is carried out through sectoral and general bibliographic alerts, a bulletin of bibliographic news from the AVAF collection and dissemination of the Agency’s publications. The Library and Documentation Centre of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community has also already begun its process of integration into the library system: it is included in  the Directory of Spanish Libraries and in  the Map of Specialised Libraries,  both resources promoted by the Council for Library Cooperation.  and…