The TSJ-CV questions the Síndic de Greuges who has examined a complaint against the Valencian Anti-Fraud Agency when a judicial resolution is pending

València, June 16, 2021.– The Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Community has issued an order in which it does not consider the report issued by the Síndic de Greuges regarding the complaint as having been provided. presented by the popular parliamentary group on the performance of the Valencian Anti-Fraud Agency with respect to the delivery of files that are involved in an open investigation procedure and pending.
The TSJ-CV questions that the Síndic de Greuges has admitted and resolved this complaint since it is contrary to article 17.2 of Law 11/1988, of December 26, in which this institution is prevented from examining a complaint that is pending judicial resolution, since it cannot in any way condition the work and the decision of the Court, which must guarantee its independence.
The warning that the Síndic de Greuges should observe the provisions of its regulatory law and refrain from hearing the complaint, pending a final judicial resolution, was made by the Valencian Anti-Fraud Agency three times, in writings addressed to the Síndic de Greuges of March 2, April 30 and June 1.

More information:
The answering briefs and reports in the complaint procedure processed by the Síndic de Greuges can be found on the Transparency Portal of the Valencian Anti-Fraud Agency under “information of legal relevance, legal reports and other documents of interest”.


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The AVAF participates in two working groups of the Neiwa Network

On June 10, the Valencian Anti-Fraud Agency participated in the presentation of the conclusions of the two working groups that the European Network of Integrity Authorities and Alerters (NEIWA) has set up to address both external reporting channels and internal channels.

The AVAF has emphasized in both working groups the importance of anonymous reporting and establishing measures to ensure the confidentiality of the report, the development of the investigation and the identity of the complainant from any “third party”. The figure of the anonymous whistleblower and the confidentiality of the investigation are fully applicable, in the same terms, both in external channels and in internal reporting channels.

These conclusions and the contributions of the participants in the Neiwa Network will form part of the next declaration of this platform for cooperation and exchange of knowledge and experiences in the field of integrity and whistleblowing, which will soon be released.

Finally, remember that the NEIWA Network currently represents 21 member states and was created in May 2019. On the part of Spain, the Anti-Fraud Office of Catalonia and the Valencian Anti-Fraud Agency are present at its meetings as full members.

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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.