What infringements can be reported?

The Law allows to communicate certain offences (Article 2 of Law 2/2023) known in the framework of a work or professional relationship with the organization:

1. Any action or omission that may constitute an infringement of European Union law provided that it falls within the scope of the legislation on the protection of persons reporting infringements of European Union law, which is to be seen in the following areas (EU acts listed in the Annex to the Regulation): Directive (EU) 2019/1937):

  • Public procurement.
  • Financial services, products and markets and prevention of money laundering and terrorist financing.
  • Product safety and conformity; especially sensitive and dangerous products.
  • Transport safety (rail, road, air or maritime).
  • Environmental protection (environment and climate, sustainable development and waste management, marine, atmospheric and noise pollution, water and soil protection and management, nature protection and biodiversity).
  • Radiological protection and nuclear safety.
  • Food and feed safety, animal health and animal welfare.
  • Public health (quality and safety of organs and substances of human origin, quality and safety of medicines and products for medical use, patients' rights, tobacco regulation).
  • Protection of consumers.
  • Protection of privacy and personal data, security of networks and information systems

2. Actions or omissions affecting the financial interests of the European Union or infringements relating to the internal market.

Actions or omissions affecting the financial interests of the European Union as referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU); or affecting the internal market, as referred to in Article 26(2) TFEU, including infringements of European Union rules on competition and aid granted by States, as well as infringements relating to the internal market in respect of acts infringing corporate tax rules or practices aimed at obtaining a tax advantage that distorts the object or purpose of the law applicable to corporation tax.

3. Actions or omissions or omissions that may constitute a serious or very serious criminal or administrative offence.

In any case, it will be understood to include all serious or very serious criminal or administrative infractions that involve economic breakdown for the Public Treasury and for Social Security.

AIPI has no competence in the following matters:

  • Information about infringements obtained outside the work or professional context.
  • Complaints about the dissatisfaction caused by the inadequate functioning of public services, suggestions for their improvement or lack of agreement with a judicial resolution.
  • Conduct or actions previously reported to the security forces, the courts, the Public Prosecutor’s Office, the European Public Prosecutor’s Office, the National Anti-Fraud Coordination Service, the Court of Auditors, the European Anti-Fraud Office (OLAF), the management or control authorities, etc.
  • Infringements subject to the competence of other regional authorities for the protection of reporting persons.
  • Infractions affecting the local and regional public sector of Autonomous Communities that have not signed an agreement with the AIPI.
  • Problems arising from purchases, services, other contractual relationships or scams between natural persons, between legal persons or between the latter and natural persons.
  • Problems arising from private contractual relationships.
  • Communications that affect classified information, the professional secrecy of medical and legal professionals, the duty of confidentiality of the security forces and bodies affected by the secrecy of judicial deliberations.

The existence of these exclusions does not necessarily imply that the facts lack legal relevance, but only that they should be raised through other procedures or before other authorities.