Ethics mailbox, internal channel for alerts or complaints: Solve your doubts in 3 minutes
This post is over 1 year old. Content may not be up to date.
From the AOC we are deploying the pilotage service during this first semester and we will offer it open in the second semester of the year.
Recently, we have received inquiries regarding the launch of the Ethics Mailbox service and other related topics such as deadlines, the scope of the Directive, Next Generation funds… we have prepared this publication to clarify your doubts.
We are based on two main motivations for starting the project to deploy ethical mailboxes in public bodies: the Directive on the protection of whistleblowers and anti-fraud action plans for European funds.
On the Ethics Mailbox and the Directive (EU) 2019/1937
LaDirective (EU) 2019/1937, for the protection of whistleblowers, was published in 2019. This European regulatory initiative establishes common minimum standards for the protection of persons who report certain infringements of Union law. In this regard, he highlighted the key role played by alert people in preventing and detecting infringements, cases of fraud and corruption and other conduct that seriously injures the public interest.
The Ethics Mailbox's motivation in this regard is given in response to the need to implement an internal complaints channel that protects alert people.
The applicability of Directive (EU) 2019/1937 of 23 October 2019, on the protection of persons reporting infringements of Union law, is interpreted as being direct, although future transposition is possible. exempt those municipalities with less than 10.000 inhabitants.
We are currently faced with the fact that all public bodies are obliged to have this Canal as of the day of its entry into force, December 17, 2021.
At this point, it is advisable to pay attention to the generation of new rights and, as a reference document, you can review the Catalog of rights of the alert person published by the State Network of anti-fraud offices and agencies that you have available at the end of the article.
Finally, it should be understood that the Ethics Mailbox is a concrete resource in matters of public integrity. In this sense, it is highly recommended to have, within the framework of the culture of public integrity, a Public Integrity Plan that includes, among other actions, the provision of the internal channel.
Remember, it is an internal channel designed to receive complaints filed by the local body's own workers or by people related to it in the workplace, or by third parties contractually linked to the local body; with the aim of highlighting (alerting) on conduct committed within the corresponding local body.
At the very least, it must be possible to report the infringements referred to in the Directive committed within the local authority. Those mailboxes or channels that have a different scope, if they do not meet all the requirements and guarantees required by the Directive, must be expressly and comprehensibly indicated so that they do not lead to confusion.
On the Ethics Mailbox and EU Next Generation Funds, which will arrive through the Recovery, Transformation and Resilience Plan (PRTR)
But in terms of Next Generation funds, No.the internal mailbox or internal complaints channel has been identified as a “sine qua non” condition in order to be eligible for Next Generation Fund grants.
The only reference close to the Ethics Mailbox is in Annex III.C (section 2-biA.) Of the Ministerial Order transposing the Funds Directive, HFP / 1030/2021, of 29 September, from of which the management system of the Recovery, Transformation and Resilience Plan is configured.
It is interpreted that some measures are mandatory and others recommended (optional), as is the case of the Ethics Mailbox or complaints channel. This is the consensus interpretation within the Transparent Governments Network.
Although the regulation of the European Funds order does not specify this, the alert channel should have advanced mechanisms for encryption, restricted access, traceability and confidentiality. For this reason, it is necessary to make a general observation of the need to have the Ethical Mailbox and not specific to each of the needs (EU Directive and Fund).
In order to have an alert or complaint channel in their Anti-Fraud Action Plan to meet the optional criteria, they have time to implement it until the time the aid is awarded.
In this sense, a broad view of the channel is highly recommended, taking into account the Anti-Fraud Plan and the Integrity Plan.
Calendar and status of the Ethics Mailbox deployment project
The planned dates are: pilot phase during the first four months of 2022 and for the second four months it is planned to carry out the mass deployment. At this time, we have started the pilot test of the service and we have closed the list of pilot entities due to excessive applications.
The AOC Consortium aims to deploy the service during 2022 to the rest of the local bodies in Catalonia that request it.
conclusions
The priority of local authorities is to draw up plans for anti-fraud measures in accordance with the order of the Ministry of Finance. For European funds, the complaints channel is recommended but not mandatory.
The directive for the protection of alert people has not been transposed in Spain. It is advisable to observe the catalog of rights of the same.
BOE, Order HFP / 1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan
BOE, Order HFP / 1031/2021, of September 29, which establishes the procedure and format of the information to be provided by the State, Autonomous and Local Public Sector Entities for the follow-up of the fulfillment of milestones and objectives and of budgetary and accounting execution of the measures of the components of the Recovery, Transformation and Resilience Plan.
Training session organized by the School of Public Administration of Catalonia
The School of Public Administration of Catalonia has organized in collaboration with the Anti-Fraud Office of Catalonia an online session called Alert channels and the protection of alert people in the face of a new regulatory framework (20282 / 2022-1).
The session aimed at local government staff aims to:
Clarify obligations arising from the Directive and the active policies for establishing channels for reporting and protecting whistleblowers.
Delimit the basics (alert and report; channels and mailboxes) to make organizational decisions.
Configure complaint channels to take an internally consistent approach to the organization's integrity policy.
Assess different measures to protect alert people from different perspectives.
