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Citizen’s Advice Service
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Fraud Notification System

La Rinconada Town Hall and its independent bodies establish a Fraud Notification System in pursuance of Article 13 of the «Ley 2/2023» (Act No. 2/2023 from the State Official Gazette) of February 20, which drafts the protection of the persons who report infringement of the law and fight against corruption. This system allows any person who detects actions or omissions that can be considered a failure to fulfil its obligations under European Union law or constitute a criminal offences or serious or very serious administrative offences to submit a complaint as laid down in that Law.

FRAUD NOTIFICATION PLAN_EXTRAORDINARY PLENARY_SESSION_JULY 28, 2023.pdf

Annex_Fraud Notification System Plan La Rinconada_Modified.pdf

As it constrains power under Article 21.1 of the «Ley de Bases de Régimen Local» (Basic Law of Local Government), which confers the competence to head the Government and the municipal administration to this Town Hall, I hereby resolve: 

  • First: Create the Internal Information System of La Rinconada Town Hall in accordance with the requirements established by Article 5.2 of the «Ley 2/2023» of February 20. This system incorporates the channel for receiving information, data transcribing, the System Administrator, and the procedure for managing information.
  • Second: The Municipal Association of Disabled People, Municipal Sports Office, and Radio Rinconada will share the Internal Information System of La Rinconada Town Hall.
  • Third: As laid down in Article 2 of the «Ley 2/2023» of February 20, the fraud report must address any actions or omissions that could be considered failure to fulfil obligations under European Union law, provided the conditions established in Article 2.1 a) of that Law are met. Additionally, it must address those actions or omissions constituting a criminal offence or a serious or very serious administrative offence, including all criminal offences or a serious or very serious administrative offences causing loss of income to the Tax Authorities and Social Security.
  • Fourth: The Internal Information System of La Rinconada Town Hall will adhere to the requirements in Article 7 of the «Ley 2/2023» of February 20. The fraud report can be made in these ways:
    • By post
    • By email
    • In person, pre-arranged date
    • By telephone
    • On-line via the municipal website

*Clear and accessible information about the Internal Information System and the essential principles of the procedure for managing information must be published on the homepage of the municipal website. It must be placed in a separate, easy-to-find menu.

  • Fifth: The System Administrator appointed must be the head of the legal advice bureau from the Municipal Secretariat.   This person will develop their duties independently and autonomously from the higher and executive organs of La Rinconada Town Hall without receiving any instructions in their role. They will be responsible for the diligent handling of the procedure for managing information.
  • Sixth: To approve the procedure for managing the information received in La Rinconada Town Hall, as outlined in the attached Annex. This complies with the minimum content and, established principles in Article 9.2 of the «Ley 2/2023» of February 20, and will be further developed as appropriate. The essential principles are as follows:

Basic Principles

What constitutes fraud?

  • Any actions or omissions that could be considered failures to fulfil obligations under European Union law, provided the conditions established in Article 2.1 a) of the «Ley 2/2023» of February 20, which outlines the protection of the persons who report infringement of the law and fight against corruption.
  • Any actions or omissions that could constitute criminal offences or serious or very serious administrative offences. All actions or omissions causing loss of income to the Tax Authorities and Social Security shall be understood.

Who can report fraud?

Any natural person, including:

  • Persons who are civil servants or employed persons.
  • Self-employed persons.
  • Shareholders, unit-holders, and persons who belong to a management body; managers or supervisors of a company, including non-executive members.
  • Any person who works for or under the supervision and management of contractors, subcontractors, and suppliers.
  • Volunteers, trainees, and in-training time workers who receive or do not receive remuneration.
  • Any person whose employment relationship has not yet started if information on infringements is obtained during the selection procedure or pre-contractual negotiation.

For EUROPEAN Funds, any person who is aware of actions that could constitute fraud or wrongdoing related to projects or operations that are totally or partially funded by the European Union funds under this Strategy.

How and where do I report fraud?

Reports to La Rinconada Town Hall, the Municipal Association of Disabled People, the Municipal Sports Office, and Radio Rinconada can be filled out through this link.

All reports can be anonymous or include the whistle-blower’s identification.

External Fraud Notification Systems

Andalusian Anti-Fraud and Corruption Office

By a resolution on 20 March 2023, of the Andalusian Anti-Fraud and Corruption Office (link to the BOJA), the External Information System was created and put into operation.

European Anti-Fraud Office (OLAF)

The Spanish Anti-Fraud Coordination System of the General Intervention Board of the State Administration

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