Internal Whistleblowing Channel
State Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistle-blowers.
These laws establish the obligation for public and private entities to have a reporting system for certain breaches of European law, in addition to serious and very serious criminal and administrative offences, in the professional context. It also establishes the legal framework for the protection of whistle-blowers.
This legislation is implemented in Catalonia through the Government Agreement of 25 July 2023, which establishes the Internal Whistleblowing channel for Regulatory Infringements and Conduct Contrary to Public Integrity of the Administration of the Generalitat.
Internal Whistleblowing Channel AECT-Hospital de Cerdanya
Protocol of the Internal Whistleblowing Channel in the AECT-Hospital de Cerdanya
When a disclosure is received through any of the legally established channels, the following procedure shall be followed:
- The person responsible for the Internal Whistleblowing Channel shall register the disclosure in writing. An acknowledgement of receipt must be sent to the whistle-blower within 7 calendar days of receipt of the disclosure.
- The person in charge of the Internal Whistleblowing Channel will carry out the preliminary proceedings that he/she considers appropriate to decide whether to admit or not to admit the disclosure. When the facts may constitute a crime, he/she must immediately inform the public prosecutor's office. The Law foresees the causes of inadmissibility of the disclosure, the inadmissibility not being subject to appeal.
- Once the disclosure has been admitted, the person in charge of the Internal Whistleblowing Channel will evaluate the plausibility of the disclosure, requesting information from the person making the disclosure, and from any organ of the administration of the Generalitat or of the public sector, if necessary, and may consult the corporate information systems of the Generalitat. The duration of the investigation or verification actions must be as short as possible, and may not exceed three months from the receipt of the disclosure.
- Once the investigation has been carried out, the person responsible for the Internal Whistleblowing Channel must communicate the result of the investigation to the whistle-blower. Decisions on the verification or investigation of disclosures are NOT subject to administrative or judicial appeal.
- In the event that the disclosure is credible, the person in charge of the Internal Whistleblowing Channel must pass it on confidentially, reserving the identity of the whistle-blower if known, to the competent body in order to carry out the corresponding actions in each case.
- In the event that the disclosure is not credible, the person in charge of the Internal Whistleblowing Channel shall notify the whistle-blower in a reasoned manner that the disclosure is not consistent. The disclosure shall be closed as not applicable and shall be registered for subsequent control.
Alert due to a malfunction
First of all, the Internal Whistleblowing Channel manager shall notify the Management Committee of the disclosure in an anonymised form and the malfunction detected, requesting the correction of the deficiency within a predetermined and agreed period of time.
The disclosure shall be registered as a "malfunction" that cannot be penalised and shall remain active until it is resolved.
In the event that it is not resolved within the established period, the person in charge of the Internal Whistleblowing Channel will assess the subsequent actions that could be taken:
- Extend the resolution period, if there is a justified cause.
- Raise the disclosure to the Executive Committee, or
- Raise the disclosure to other bodies as if it were a disclosure for an action contrary to the regulations.
At the time of any decision on such a disclosure, the whistle-blower shall be informed by the person in charge of the Internal Whistleblowing Channel.
Disclosure produced by an action contrary to regulations that has to be resolved by a higher administrative body external to the entity.
In cases in which the person in charge of the Internal Whistleblowing Channel detects that a disclosure has been produced by an action of these characteristics, he/she shall proceed directly in accordance with current legislation, informing the Chairman of the Board of Directors and the Chairman of the Executive Committee.
Protection of whistle-blowers
What protection measures does the System offer?
Anonymity is the most effective protection measure. If the person chooses to identify him/herself or if the identity is deduced on the disclosure, the System guarantees the confidentiality of the identity and provides secure channels of communication with the whistle-blowers.
Law 2/2023, of 20 February, on the protection of whistle-blowers and the fight against corruption prohibits reprisals against whistle-blowers. It establishes specific support and protection measures for whistle-blowers who report breaches within its scope.
In Catalonia, the independent external authority for the protection of whistleblowers is the Anti-Fraud Office.
Submit a complaint to the EGTC-Hospital de Cerdanya's Internal Whistleblowing Channel
To report breaches or non-compliance in legal or administrative matters, the entity's own whistleblowing channel is the preferred means.
WARNING: This channel is NOT the way to present claims or complaints related to healthcare activity. In these cases, you should contact the Customer Care Unit