Francisco Javier Carmena Lozano, general auditor of the Community of Madrid, warned in an official report that the reform of educational centers promoted by the government of Isabel Díaz Ayuso and that is investigated in the FP case It had been done with “a completely opposite procedure.” This is stated in the judicial proceedings that try to clarify the alleged illegal fractionation of invoices in 2021, 2022 and 2023 to grant by finger (through minor contracts, mainly to the Varelec group) works that should have come out to public tender (allowing competition between companies). Therefore, the judge, who investigates the alleged commission of a crime of administrative prevarication, seeks to elucidate who is responsible for the design of the payment system, after taking a statement in March to three investigated who said that it was applied “always” and that they aimed at the Ministry’s Command Chain.
“The inapplication of the legally established procedure is observed, having followed a completely opposite procedure to the correct one,” reads the auditor’s document, signed in May 2024, and which the country accessed. “It is evident that the award has been carried out without following the procedure provided for this purpose in the LCSP [Ley de Contratos del Sector Público] (absence of processing of the appropriate contractual procedure) ”, It is underlined in the report, focused on the works of two centers of the San Fernando educational complex.“ In accordance with the results obtained in the audit tests carried out, it has been verified that the expense files have been processed by lower contracting ”, it is added, pointing to the possible illegal subdivision of expenses. And it is concluded:“ The procedure of spending has been constitute an assumption of infraction in the field of economic-procurement management ”.
In addition, the investigators of the Prosecutor who requested this analysis stressed that their conclusions pointed to the responsibility of the Administration, despite the fact that in the case there are two directors of educational centers investigated.
“The contracting file that would correspond to the nature and amount of the project has not been processed by the Ministry,” he shaves. “The expense has not been authorized by the competent body,” is added on one of the works. “The Ministry, knowing the amount of the project, should have raised the authorization of the expenditure to the Governing Council,” he emphasizes. “There has been an omission of prior inspection.”
The indication of government responsibility is also reproduced in the audits made by the intervention of the centers affected by the cause. They point out that “the center lacks competence to authorize these expenses, which would correspond to the Ministry”; that “the centers only have competence to make repositions, not new investments, and expenses of amount limited to the minor contract”; and that “the corresponding file has not been processed by the Ministry, despite being aware of the equipment needs and the entity of the works to undertake.”
That thesis of government responsibility was precisely the one that the two directors and the former regional position investigated when they had to declare before the judge in March: “This was given from above. It was done.”
In that context, the Ayuso government has recognized through the autonomous law “the anomalies” of the contracts, and has tried to appeal in the case, which has been denied so far. At the time investigated, Enrique Ossorio, current president of the Assembly, was a Minister of Education, and Rocío Albert, today head of Economics, Employment and Finance, was a vicecase.
The magistrate in charge of elucidating if there are sufficient indications to open oral trial in this case, in which we can, PSOE, more Madrid and the CC OO union, already warned in November “the possible existence of a criminal criminal offense [prevaricación administrativa]”For its part, the Prosecutor’s Office described” a clearly irregular and allegedly criminal administrative action “based on the” rude and palmaria omission of the procedure. “
Everything happened like this: on September 18, 2023, two educational centers of the Community of Madrid in the San Fernando School City Complex receive two bureauxes sent two days before. “I get in touch with you following precise instructions from whoever sends me [el] “Varelec Group” in order to formally require the amounts owed by their institution (…) which ascend today to 1,460,724.80 ″, it is read in the communications sent by order of Navarro, which the judge has not called to declare, and therefore does not part in these moments of the cause. With these communications a scandal has just started that leads to the Community of Madrid to denounce an executive and two officials in April 2024, since it investigates internally what happened.
As a consequence, they are detected, according to the intervention report, 3,998,251.76 euros in payments to the Varelec group, made through all territorial area directions (except the north) and with a dozen centers such as recipients of some works that all the parties involved recognize as carried out.
