SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
and (iv) conflicts of interest within the certify - ing authority; (i) avoidance of required competitive procedure; (ii) manipulation of the competitive pro - cedure process; and (iii) undisclosed conflict of interests or bribes and kickbacks; (e) linked to the regulation of the protec - tion of individuals reporting regulatory violations and combating corruption, the Independent Whistle-Blower Protection (d) linked to direct procurement: Authority (AAI) and regional anti-fraud agencies can supervise the implementa - tion systems of both private companies and public institutions to receive informa - tion and investigate regulatory violations. Criminal enforcement is led by the criminal juris - diction of the Spanish judicial power. 7.2 Enforcement Bodies In the case of the European Funds, the enforce - ment agencies are: • European Anti-fraud Office (OLAF – Office de Lutte Anti-Fraude ) – can investigate the facts and transmit its conclusions to the EPO; and • European Prosecutor Office (EPO) – can initi - ate a criminal process due to its own infor - mation, the conclusions of the OLAF or the information provided by any citizen, private company or public body. In the case of the protection of individuals report - ing regulatory violations and combating corrup - tion, the enforcement agencies are as follows. • Depending on the general state administra - tion, the Independent Whistle-Blower Pro -
tection Authority (AAI), whose statutes have been recently approved by the Royal Decree 1101/2024, (published on 30 October 2024, and entered into force on 31 October 2024). • Depending on the autonomous community’s administration: (a) Andalucía – Andalusian Office against Fraud and Corruption; (b) Castilla y León – Independent Authority on Corruption in Castilla y León; (c) Cataluña – Catalonia Anti-Fraud Office; (d) Galicia – Galician Authority for the Pro - tection of Whistle-Blowers; (e) Navarra – Office of Good Practices and Anti-Corruption of the Foral Community of Navarra; and (f) Valencia – Agency for the Prevention and Fight Against Fraud and Corruption of the Valencian Community. The central authority will be competent when the information affects (Article 24 Law 2/2023, of February 20, regulating the protection of indi - viduals who report regulatory violations and the fight against corruption): • the General State Administration and entities that conform the national public sector (see also Article 13 Law 2/2023); • private sector entities when the violation or non-compliance reported affects or produces its effects within the territorial scope of more than one autonomous community; • and activity of the public or private sector referred to an autonomous community, if the concrete autonomous community declares that intention and signs an agreement with the central Independent Whistle-Blower Pro - tection Authority (AAI). In respect of criminal judicial activity, the ordi - nary competent authority to investigate bribery
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