The TSJ-CV agrees the inadmissibility of the appeal of the Orihuela City Council against the AVAF resolution
València, June 14, 2021.- The Third Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community has agreed to the inadmissibility of the appeal filed by the mayor of Orihuela, Emilio Bascuñana, against the resolution dated March 2, 2021 of the Valencian Antifraud Agency in which it assumes the realization of an expert report that had been requested by the Court of Instruction No. 1 of Orihuela in the Preliminary Proceedings that it is instructing.
The TSJ-CV argues in its inadmissibility agreement that the resolution of the Valencia Antifraud Agency is part of a criminal procedure and that it is carried out at the request of an investigating court, so said action is not administrative in nature.
Likewise, the Court reiterates that, even if said act had an administrative nature, it would not be open to challenge either, since it cannot be considered in itself a definitive act or an essential procedure.
The Valencia Antifraud Agency has prepared the expert report requested by the Court of Instruction No. 1 of Orihuela in the actions it is carrying out, in accordance with the provisions of its regulatory regulations. In the context of carrying out criminal investigation proceedings, investigation of cases and holding trials, related to the functions of the Agency and its scope of action, it may collaborate with the Public Prosecutor’s Office, the Courts and the Tribunals, when so required. requires, through technical assistance and issuance of expert reports by the civil servant staff at their service, specialized in legal-administrative, economic, accounting and administrative control matters, and with in-depth knowledge of the administrations and their public sector and administrative procedures.