El canal externo de información en la ley 2/2023

  • Óscar Capdeferro Villagrasa Universitat de Barcelona
Keywords: Reporting channels, information systems, external channel, whistleblowing, administrative authority

Abstract

External channels are framed as one of the ways provided by Law 2/2023 to communicate irregularities which are known within the legal system either in a work or professional context. The position of the external channel is peculiar, since its access is not conditional to prior reportings through the internal information system, but Law 2/2023 indicates that the preferred route is internal. On the other hand, public disclosure is conditioned, among other aspects, to the anticipation of a malfunction of external channels. Likewise, the authorities that manage external channels, their powers (including sanctioning powers) and the main aspects of the legal regime derived from the position of informant and those affected by the information deserve special attention. The regulation and implementation of external channels provided by Law 2/2023 raises some doubts and presents possible problems, which are explained and reflected on.

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Published
2024-07-05
How to Cite
Capdeferro Villagrasa Ó. . (2024). El canal externo de información en la ley 2/2023. FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época, 26(1), 87-114. https://doi.org/10.5209/foro.95144
Section
Articles