What’s the Agencia Valenciana Antifraude?

The Valencian Community Agency for the Prevention and Fight against Fraud and Corruption was created through Ley 11/2016, de 28 de noviembre, de la Generalitat Valenciana, amended by Law 27/2018, of December 27, on fiscal measures, administrative and financial management and organization of the Generalitat.

The Valencian Community’s Agency for the Prevention and Fight against Fraud and Corruption 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.

The Agency is an instrument for the prevention, investigation and combat of fraud and corruption, with the capacity to protect whistleblowers.

Its primary purpose is to strengthen the actions of the Valencian public administrations and institutions to avoid moral deterioration and economic impoverishment that is detrimental to the Valencian citizenship.

Likewise, the Agency is created to promote integrity and public ethics, and to promote a culture of good practices and rejection of fraud and corruption in the design, execution and evaluation of public policies and in the management of public resources.

The Valencian Anti-Fraud Agency (abbreviated name) acts independently of the public administrations in the exercise of its functions and is related to the Consell, the local governments and the rest of the Valencian institutions as established by its creation law.

Its creation is carried out under the protection of article 49.1.1 of the Statute of Autonomy of the Valencian Community, which grants exclusive competence to the Generalitat Valenciana in the organization of its institutions of self-government.

With its creation, the Generalitat complies with Resolution 58/4 of the United Nations General Assembly, of October 31, 2003, which approves the United Nations Convention against Corruption, whose article 6 establishes the need to create independent bodies in charge of preventing corruption in the different member states, endowed with the material resources and specialized personnel that are necessary, and with the training that said personnel may require for the performance of their functions.

Thus, they refer to Law 11/2016, of November 28, of the Generalitat, creating the Valencian Anti-Fraud Agency, the provisions of article 36 of the aforementioned Resolution 58/4, which specifically mentions the creation of specialized bodies, and other important agreements on anti-corruption within the framework of the European Union and the Council of Europe, such as:

  • the Council of Europe Convention on Civil Law on Corruption of 4 November 1999,
  • Article 325 of the Treaty on the Functioning of the European Union, which imposes on the Commission and the Member States the obligation to combat fraud and any illegal activities that harm their financial interests, with a deterrent effect and the ability to provide effective protection,
  • Council of Europe Resolution 24/97 on the twenty guiding principles for the fight against corruption,
  • Recommendation R (2000) 10, of the Committee of Ministers of the Member States on codes of conduct for public officials, adopted on May 11, 2000, and
  • Recommendation R (2003) 4, of the Committee of Ministers of the Member States regarding common rules against corruption in the financing of political parties and electoral campaigns, adopted on April 8, 2003.

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