Oportunidad legal y necesidad democrática de crear una Autoridad Administrativa Independiente de lucha contra la Corrupción y Protección del Denunciante

Abstract

It is necessary to take advantage of the great opportunity offered by the necessary transposition of the Directive (EU) 2019/1937 of the Parliament and of the Council, of October 23, 2019, regarding the protection of people who report violations of European Union Law to incorporate into our institutional apparatus an Independent Administrative Authority for the Fight against Corruption and Whistleblower Protection that, among other functions, is entrusted with the centralised management of an external channel for complaints and that works as an institution for closing the security network of the administrative system for the prevention and fight against corruption and irregular practices, whether public agents participate in these actions on their own or in agreement with private agents. The present work, in its first part, analyses some of the resistances that are usually raised to oppose the constitution of an authority such as the one proposed and concludes the inconsistency of such opposition. In particular, it is justified that its institutional position and its legal function would not overlap or deprive the rest of the administrative and judicial institutions that are currently actively fighting corruption, but would strengthen their effectiveness and allow a coordinated function of a reticularly articulated system to act against this scourge in Spain. Likewise, the need for its creation is justified from an institutional (national and international), economic and democratic health point of view. In a second part, it addresses a description of what could be the paradigmatic configuration of this Independent Administrative Authority for the Fight against Corruption and Whistleblower Protection, both in terms of its institutional status, its functions and powers.