Valencia, May 25, 2021.– In 2020, a total of 226 complaints were filed at the Valencian Anti-Fraud Agency, 34% more than in 2019. Regarding the subject matter of the complaint, 72 of the 226 complaints filed , that is, 32%, referred to public procurement. If we analyze in detail that 32% of complaints filed about hiring, 19% of the cases refer to service contracts; 5% for concessions; 3% to supply contracts and 2% to works contracts. In second place with respect to the matters most reported to the AVAF is the management of human resources, with 28% of the total, that is, 68 complaints. Of these 68 complaints, those that refer to selective procedures and the provision of jobs are the ones that have accounted for the largest number of complaints with a total of 50 complaints filed. For their part, subsidies have accounted for 12% of complaints in 2020; followed by 10% by complaints about urban planning and the environment, and by 4% by complaints about heritage. The remaining 14% of the complaints are included under the heading of “others”, since they deal with issues that do not easily fit into the traditional areas of activity carried out in the general administration. If we compare these data with those of the previous year, we see that public procurement has gone from occupying the second place in 2019 with regard to the complaints filed, with 25% of the total, to occupying the first place in 2020 with the 3. 4%. Likewise, complaints about aspects related to human resources have gone from 40% of complaints filed during 2019 to 28% during 2020.
The most significant drop has been registered, despite the complaints that refer to the misuse of public resources that represented 16% of the complaints during 2019, with 27 complaints filed, and which practically disappeared in 2020 since only a complaint for this concept was registered throughout the year. Among the functions entrusted to the Valencian Anti-Fraud Agency are the functions of prevention and training against fraud and corruption, with special emphasis on the construction of public ethics and integrity.
For this reason, a course on “Integrity and Prevention in public procurement in the Valencian Community” has been organized together with the Valencian Institute of Public Administration (IVAP). This training activity is aimed at personnel who work in the administration of the Generalitat Valenciana, especially those related to the recruitment area.
Valencia. May 14, 2021. On May 11, the Valencian Anti-Fraud Agency held a new webinar dedicated to explaining to civil society and public employees the operation of the Complaints Box. From the hand of Gustavo Segura, Director of Analysis and Research of the AVAF, registered participants and followers of the agency’s YouTube channel learned about its operation, utilities and practical examples. In his speech, Segura emphasized the growth in complaints received by the AVAF through this communication channel, which today accounts for 85% of the complaints received. Another important aspect was the emphasis placed by the Valencian Anti-Fraud Agency on the protection of the whistleblower and the anonymity of the people who report. To end the webinar, after the questions posed by the participants, both from the meeting on Webex, and from the followers of the live broadcast on YouTube, Joan Llinares, Director of the AVAF, took the opportunity to thank the attendance at this new training session . The director also pointed out that this type of initiative is part of the Valencian Anti-Fraud Agency’s strategy to bring the institution closer to the public and deepen the knowledge of the tools that are available to society to prevent and investigate fraud and fraud. corruption.
“Covid-19, rights and responsibilities” gathered in the Llíria Tourism Space and via streaming around 110 people, including public employees, the university community and citizens interested in the debate on the impact of the pandemic on the civil rights system , social and political.
The conference was held within the framework of the existing collaboration agreement between the Office of the Vice President for Territorial Projection and Society of the University of Valencia and the Valencian Anti-Fraud Agency, with the collaboration of the Law School and the Llíria City Council. The professor of political science and administration, Joaquin Martín Cubas, in the first round table moderated by Anselm Bodoque, head of the Training Service of the Valencian Anti-Fraud Agency, focused his presentation on the elections in times of pandemic, exposed the need for weighting between the right in life and the basic fundamental right to elect citizens’ representatives through free and competitive elections and set out the WHO recommendations regarding the safe holding of elections (the promotion of voting for mail, increased security measures at voting centers). Among its conclusions, it should be noted that there have been no special difficulties in holding elections around the world and that no significant correlation has been shown between holding elections and the spread of COVID19 contagion.
The state ecclesiastical law professor, Yolanda García Ruiz, focused her presentation on the Spanish vaccination model built on the basis of voluntariness, freedom and respect for the autonomy of the patient. He explained that there have been voices that have opened the debate around the possibility of establishing a mandatory vaccination model, directly or indirectly. She was in favor of vaccination with strategies of voluntariness and public ethics and indicated that, if a change in the state model were adopted or a common European model of compulsory vaccination was developed, conscientious objection would be an aspect to consider as already it happens in models of compulsory partial vaccination such as the United States.
At the second table, moderated by Silvia Vernia, director of Prevention, Training and Documentation of the AVAF, Alberto Alonso, professor of criminal law, reflected on the dangers of punitive excesses that occur in times of crisis and the difference between disobedience to the authority and non-compliance with the rules, the specification of the typical requirements of the crime and the administrative offense of disobedience, provided for in the Organic Law for the Protection of Citizen Security; and the delimitation of the criteria to establish the border between the two figures to avoid abuses of power and reduction of fundamental rights.
Paz Lloria, professor of criminal law, explained, in a speech about cybercrime and COVID-19, that the pandemic has entailed long periods of home isolation that have promoted the increase in the use of the internet and the digital environment, and, at the same time, There has been a decrease in crimes committed in the analog environment, there has been an increase of which have been carried out in the virtual environment. Professor Lloria highlighted the causes, crimes and protection measures that must be implemented to reduce the incidence of this crime, which will become increasingly important in the future.
The third and final round table, moderated by the director of the Valencian Anti-Fraud Agency, Joan Llinares, focused primarily on public procurement by M. Pilar Batet, head of the Procurement and Central Purchasing Service of the Provincial Council. Provincial of Castelló. In the presentation, he highlighted that public contracting is strategic, that in the pandemic situation there may have been an unjustified increase in emergency contracting that would have to be avoided in all cases. It is also clear that it is necessary to incorporate social, environmental, innovation and empowerment measures for SMEs into public procurement, especially in these times of crisis.
The conference in Llíria closed the presentation by Gabriel Doménech, professor of administrative law, with an analysis of the conditions under which public administrations would have to restore the damage caused by the decisions made in the management of the health crisis of COVID-19. In this sense, he considered two types of assumptions. In the first place, the cases in which the administrations caused damages accidentally, by action or by omission, without this damage having been considered in the administrative decision. And, secondly, the cases were studied in which the authorities knowingly caused damage to certain people or groups for reasons of public interest, imposing a special sacrifice on them. It was highlighted that the damages in each case are of a different nature and require an equally differentiated response.