The Advisory Commission on Whistleblower Protection is a collegiate body of advice of the person holding the Presidency of the AIPI, in which various State bodies and institutions are represented.
It is regulated in articles 54 and 56 of Law 2/2023, of February 20, and in 15 and subsequent to the Statute of the Independent Authority for Whistleblower Protection, A.A.I., approved by Royal Decree 1101/2024, of 29 October.
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The Advisory Commission on Whistleblower Protection is a collegiate advisory body of the Presidency of the Independent Authority for Whistleblower Protection.
It is composed of the person who holds the Presidency of the AIPI, which presides over it, and of 13 members, with the rank of at least Director General or assimilated.
The Secretariat of the Commission, with a voice but without a vote, exercises the holder of the Monitoring and Sanctions Department of the AIPI.
Presidency of the Commission:
Members:
D. Joan Mauri Majós, Member of the Second Department of Economic and General Affairs of the Court of Auditors, representing the Court of Auditors.
Secretariat of the Commission:
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The Advisory Commission on Whistleblower Protection is responsible for the following functions:
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Royal Decree 1101/2024, of 29 October approving the Statute of the Independent Authority for Whistleblower Protection, A.A.I., provides that the members of the Advisory Commission on Whistleblower Protection will not receive any retribution. They will be able to receive the payment of the expenses caused by the exercise of their function, where appropriate and duly justified.
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The members of the Advisory Commission on Whistleblower Protection will be appointed and dismissed by order of the head of the Ministry of the Presidency, Justice and Parliamentary Relations published in the “Official State Gazette”, respecting the principle of balanced presence of women and men.
The nomination of members of the Advisory Commission shall be proposed by the heads of the highest governing bodies of the agencies and entities, or by the heads of the bodies referred to in the report. Article 54.2 of Law 2/2023, of February 20.
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Mandate
The members of the Advisory Commission on Whistleblower Protection shall hold office for five years, except in the following cases:
(a) Early resignation of the member of the Commission.
(b) Dismissal from office of the institution, organ, corporation or organizations to which he or she represents.
(c) Serious failure to perform his duties, permanent incapacity to perform his duties, incompatibility or conviction for wilful misconduct.
Vacancies
Vacancies that occur in the Advisory Commission before the expiration of the term of office shall be filled within one month of the date on which the vacancy occurred and for the remainder of the term of office of the person who caused the vacancy to be filled.
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Before the end of the term of office of the members of the Advisory Commission, the holder of the Ministry of the Presidency, Justice and Parliamentary Relations, at the request of the holder of the Presidency of the AIPI, will request the institutions, bodies, corporations and organizations referred to in Law 2/2023 of 20 February, to communicate the names of the persons proposed for a new term of office. Such communication must be made within one month of the formulation of the aforementioned request.
Once the deadline for completing the request has elapsed, the person in charge of the Ministry of the Presidency, Justice and Parliamentary Relations will proceed, without further formalities, to appoint as members of the Advisory Commission, by order that will be published in the “Official State Gazette”, those proposed.
The members of the Commission whose term of office has expired until the publication of the order for the appointment of those who replace them shall continue to hold office.
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The Advisory Commission on Whistleblower Protection will adopt its agreements in plenary session.
The Advisory Commission shall meet when the Presidency of the AIPI so decides, and in any case once a six-month period. It will also meet when requested by the majority of its members.
The Advisory Commission shall be validly constituted, on first call, if the person acting as Chair, the person carrying out the Secretariat and half of the members of the Commission are present, and, on second call, if the person acting as Chair, the person carrying out the Secretariat and one third of the members of the Commission are present.
The decisions taken by the Advisory Commission shall in no case be binding.