THE OFFICIAL GAZETTE AGAINST ITS OWN ARCHIVES

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

THE OFFICIAL GAZETTE AGAINST ITS OWN ARCHIVES

For the zero to be entirely official, it remained to be published.

On Friday 13 June 2014, the Official Gazette of the Basque Country recorded the fate of the file (DOC-0138, p. 42): non-compliance for "the failure to execute a minimum of 120,000 euros of admitted investment and the failure to create a minimum of 3 jobs".

Read the first cause slowly: not having executed even 120,000 euros. In the archives of the same department that ordered those lines published were the official appraisal of the computer applications at 1,778,000 euros (A.5) — almost fifteen times the supposedly breached minimum —, the audits that backed it and the payments released on it.

An official gazette is no ordinary paper: it is the public voice of the administration, the version that oversight bodies, European auditors and any third party consulting the file will read. What was published on 13 June 2014 fixed for all of them a reality that the Basque Government's own internal archives refuted page by page. The contradiction ceased to be an internal problem of the file: it became official information before Europe.

The key factPublication in the Official Gazette of the Basque Country on Friday 13-6-2014 (DOC-0138, p. 42): non-compliance for failing to execute a minimum of €120,000 — against the €1,778,000 certified by the administration itself (A.5) and the payments released (DOC-0168).
The uncomfortable questionFor whom is it officially published that 120,000 euros were not reached, when the administration's own archives certify 1,778,000?
The ruleOfficial publication binds the administration that orders it and enjoys a presumption of veracity before third parties (art. 9.3 of the Constitution — prohibition of arbitrariness; doctrine of one's own acts); the information provided to the ERDF management system must be accurate (EC Regulation 1083/2006).
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EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.