This Tuesday, The Contested Room Supreme Court The hearing of the appeal has begun. Valencia Anti-Fraud Agency, when the Supreme Court of Justice of the Commonwealth of Valencia (TSJCV) refused to grant “protected person status” to the Los Montesinos City Council Town Planning officer, who condemned an allegation of corruption. Events date back to 2012 when a municipal technician reported to the prosecutor’s office the offenses of giving notice and changing the order due to the issuance of a license for the Revival nightclub in an agricultural warehouse. In June 2021, Torrevieja’s Investigation Court No. 2 closed the investigation into the urban issue as the facts presupposed; however, the agency continues to fight for this official to have the protection the law affords to whistleblowers.
The truth is that attractive It is unusual for it to be held in a public hearing, and as the agency notes, it is because of the interest and novelty the case has aroused, as the Spanish Government has just passed the law transcending the law years later. the then valid European directive.
The precedent-setting question now presented is to determine by the Supreme Court whether the protection for whistleblowers established by a European directive “can only be applied where there is an administrative complaint”. If a criterion defending the TSJ or on the contrary, as used by the Anti-Corruption Agency, shows its effect through complaints in both administrative and judicial centers. The European norm and, since February, the Spanish norm are in line with the Valencian presence.
On the other hand, Antifraud argues that it is possible to implement a European directive without adapting it to Spain’s own legal system within the specified period. This is another issue that needs to be resolved. This so-called whistleblower directive Confirmed in October 2019 but not transferred until this year before this lawsuit was filed.
Currently, the Anti-Fraud Agency provides protection to 31 individuals and one company, according to agency sources. In this particular case, the Agency granted “protected person status” to the Vega Baja Consistory Urbanism public servant in 2018 and met the requirements to provide “relevant information” for the investigation subsequently led by it. Torrevieja Court.
In addition, it was requested to “end the threats and reprisals” against the officer “due to his duty to report, testify or transfer certain information”.
City Council and Mayor José Manuel Butron, did not always agree and administratively appealed the case. The Valencia Community’s TSJ agrees with them, and now the agency is trying to obtain a legal interpretation. The audience is expected to attend both director Joan Llinares and those in charge of other regional bodies.