The Agency participates in Colombia in the IX National Congress of Comptrollers

Cali, November 16, 2022 .- The Director of Analysis and Research of the Agency, Gustavo Segura, participated in the IX National Congress of Controllers held in Cali (Colombia) on November 16 and 17.

This congress allowed an exchange of good practices and experiences between different agencies responsible for fiscal control, as well as the fight against fraud and corruption.

Throughout the different tables and presentations, different proposals from experts were announced on the strategies  that can be undertaken to strengthen citizen participation,  as well as existing  digital systems so that complaints can be made with full guarantee for people who report corruption.  

Among the speakers at the congress were Sandra Morelli Rico, former Comptroller of the Republic of Colombia or Rafael Lafont Piandeta, former magistrate of the Council of State of Colombia.

On behalf of the Valencian Anti-Fraud Agency, the Director of Analysis and  Investigation, Gustavo Segura,  participated, who presented the work  being developed by the Agency and its main lines of work both in investigation as well as in training and prevention.

He also showed how the Agency’s complaints mailbox works as well as the Statute for the Protection of the Person Reporting Corruption since it was the first body in Spain to  have a protection system of these characteristics to protect whistleblowers.

The City Council of Benetússer signs a protocol with the Agency to launch the complaint mailboxes and its Municipal Integrity Plan

Valencia, November 15, 2022.- The mayor of Benetússer, Eva Sanz, and the director of the Valencian Anti-Fraud Agency, Joan Llinares, have signed a collaboration protocol between both institutions that will help promote the Municipal Integrity Plan in which the City Council of Benetússer is working. 

Within the general lines of theIntegrity Plan, the implementation of both internal and external complaint mailboxes is contemplated, thus complying with the requirement of the European Directive 1937/2019 on the protection of persons who report onbreaches of Union Law, better known as the Whistleblowers Directive.

The City Council of Benetússer will enable as an external channel of complaints the mailbox of the Valencia Anti-Fraud Agency which will be visible on the municipal websitepal; a mailbox that guarantees the confidentiality of the complainants, as well as allows the possibility of being able to make the complaints anonymously.

The collaboration between both institutions will also extend to other actions and activities such asthose of a training nature aimed at the staff of the municipality who will receive training in aspects related to the promotion of ethics and public integrity, as well as the prevention and detection of situations constituting fraud and corruption.

The mayor of Benetússer, Eva Sanz Portero, stressed the importance of “contributing to the creation of a social culture of defense of ethics for which we are committed to working, side by side with the AVAF, with the clear objective of advancing in the integrity of public institutions with the collaboration of citizens”.

For his part, the director of the Valencian Anti-Fraud Agency, Joan Llinares, said that “it is positive to see how every day more municipalities and institutions begin to provideinstruments to fight fraud and corruption and do so not only with reactive measures such as reporting channels, but also from prevention with training and awareness actions. “

Integrity and Public Ethics: implementation and control

Public integrity: Prioritizing public interests over private interests. Align with the values, principles, and norms shared by the community. Public ethics: governing and managing the public by doing things right. Corruption is quite the opposite. It is the degradation of ethics and integrity. It protects the rule of law and impedes its normal functioning by threatening the constitutional principles which inspire it, in particular that of the submission of all public powers to the legal order, that of the equality of all before the law or the obligation of the public administration to objectively safeguard the general interests in accordance with Art. 103 EC. In a conference within the training activities of the Valencian Anti-Fraud Agency, the professor of history of philosophy of the Complutense University, José Luis Villacañas, affirmed that corruption not onlydoes not steal money but also dignity, in equal parts, and its systemic entrenchment It opens the way to tyranny and arbitrariness. Theill-fated and also professor José Vidal-Beneyto always maintained that the fight against corruption is the fundamental challenge of our democracy and called for a general movement of condemnation against corrupt practices in which citizens were involved. The first anti-corruption prosecutor that Spain had, Carlos Jiménez Villarejo, also in a conference given in Valencia on the occasion of the International Anti-Corruption Day, argued that the phenomenon of corruption in democratic States has structural causes that are related to the organization of the State, its Public Administrations. and the organization of public authorities. Among others, because of the inadequacy of controls when they abdicate their functions either out of passivity or because of more or less covert complicity. And we could continue with quotes from other scholars of integrity and public ethics, Victoria Camps, Manuel Villoria or Adela Cortina who converge in placing in the fundamental axis of any political and governance system the duty to do what is right from the exemplarity of its rulers. It is useless to demand ethical behavior and regulatory compliance from citizens if those at the top of power do not set an example. Integrity is built from above and its cascading effect permeates the set of institutions. The framework of public integrity in a State of law, projectable to any territorial or institutional public administration, is a legal system that is built on the firm intention of the respective highest representatives to comply with the law and consequently combat corruption. Legal norms followed by exemplary conduct in their solid compliance are necessary. Without rules and without a culture of compliance, it is impossible to put an end to the inertia that comes from centuries of abuses and diversions of power and appropriation of the public for the benefit of private interests. With rules, but without a culture of compliance, we open the doors to social cynicism. Nor is it good that the compliance systems that are gradually being incorporated remain mere formalities aimed solely at saving responsibilities. The citizen feels the Public Administration as the superstructurefrom which the needs of society must be served by solving the problems that affect the general interest. Good governance is the way to fight against one of the scourges that does the most damage to democracy and the economy. Corruption diverts public resources to be given to technostructures or criminal organizations that can be embedded in our administrations and governments. According to the OECD, between 10% and 30% of major construction projects are lost due to ineffective controls and poor management. According to the IMF, up to 60,000 million euros Spain loses for corrupt or irregular behavior. Only, in bad practices in public procurement, the National Commission of Markets and Competition (CNMC) figures these losses at 40,000 million euros. And if that were not enough, the European Court of Auditors detected in 2013 that the construction of 1000 m2 of motorway costs in Spain under the same orographic conditions twice as much as in Germany. A few months ago, the CNMC sanctioned the six largest Spanish construction companies because for 25 years they have been concerting to share the awards of large public contracts… The list of indicators is endless. Wecan argue that in our public ecosystem the general interest and the common welfare has too often been marginalized in favor of personal, corporate or interest group interests that, with strategies of revolving doors, bribes, influence peddling, illegal party financing, etc. They have taken decisions outside democraticchannels and general interests, thinking only of their own benefits. Predatory and speculative urbanism, for example, left in my land, Valencia, a trail of concrete skeletons and territory turned into wastelands, destroyed the financial system of an entire community by sinking its two large savings banks and a bank, the three centenarians. And it was all done thanks to the fact that many autonomous, municipal or state institutions irresponsibly succumbed to the immense power ofquick profit and the speculative economy. We are still paying for that sandcastle that collapsed in 2008 when the State had to assume the private debt generated by so much greed and irresponsibility. Likewise, a good part of the services that the public administration must guarantee to citizens, have been losing over time their nature of public services to become private concessions of opaque management and appetizing objective for large companies whose capacity for influence and power are often superior to the own capacity of the administrations to control them or puta stop to them. . This imbalance has resulted in the capture of the public by corporations that are not accountable to anyone and that extract rents from citizens through rates and prices with little or deficient public control. As a result of recent actionsby the agency I direct, after the corresponding investigation, it was determined that a concessionaire of the water service of a municipality must return more than one million euros to the municipality. In another municipality, a developer must compensate the municipality in more than 21 million euros. The examples would be endless and you can know them through…