In recent times, the desired ideals of good governance and transparency have been transformed into challenges that are now global in nature. The benefits of a government are expected to generate a administration more open to the population, as well as more diligent, responsible and effective.
With this we want to reflect that lately the public service has increased awareness about the need to produce a good government, with access to information in a way more efficient and greater transparency and, therefore, these elements have become part of the basis of a large part of the programs that are being carried out in the different stages of government.
Based on this challenge, Spain has given way to Law 19/2013, of December 9, on Transparency, Access to Information and Good Governance, which will be the main topic to be developed in this article, in order to convey in a clear and precise way what is based on this Law.
What is the Law of Transparency and Good Governance?
The Transparency Law in Spain is a regulation whose main objective is to reinforce the right of citizens to have access to information about public activities that are carried out, regulate and guarantee the right of access to this relative information and on the activities and, based on the above, establish the respective obligations that a good government must manage and comply with, since they are the responsible and public guarantors. The full name of this law is Law 19/2013, of December 9, on Transparency, Access to Public Information and Good Governance.
To whom does this Law of Transparency, Access to Public Information and Good Governance apply?
This Law applies to all those Public Administrations and to all those that make up the State public sector, as well as to other types of institutions, such as:
- The House of His Majesty the King.
- The General Council of the Judiciary.
- The Constitutional Court.
- The deputies congress.
- The Senate.
- The Bank of Spain.
- The Ombudsman.
- The Court of Accounts.
- The Economic Social Council.
- All those autonomous analogous institutions that are related subject to Administrative Law.
What is the right of access to public information?
This is the right to access public information in the specific terms provided in the Constitution according to its article 105.b), taking as a basis for public information all the contents and documents, whatever their supports or formats. , that are carried out according to the administration and that have been prepared or acquired in the exercise of their functions.
What is the Council for Transparency and Good Governance?
The Council for Transparency and Good Governance is an independent public body with its own legal personality whose main objective is to promote transparency related to everything that concerns public activity, and thus be able to ensure compliance with the obligations regarding advertising. , protect the exercise of the right of access to public information and, therefore, guarantee compliance with the respective management provisions of good governance.
What is Active Advertising about?
Active Advertising is based on publishing periodically and updated all the information that is of relevant interest about public service activities so that in this way a better operation and application of the Transparency Law can be guaranteed.
What have been the modifications that have been made to this Law on Transparency, Access to Public Information and Good Governance?
- Art. 28, letters f) and n), has been modified by the third final provision of the Organic Law 9/2013, of December 20, on the control of commercial debt in the public sector.
- Article 6 bis has been incorporated and paragraph 1 of Article 15 has been modified by the eleventh final provision of Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.
What are the main functions of the Council for Transparency and Good Governance?
According to Art. 38 of the Law of Transparency, Access to Public Information and Good Governance and Art. 3 of Royal Decree 919/2014, of October 31, the functions of the Council of Transparency and Good Governance are established as follows way:
- Adopt all pertinent recommendations to carry out a better functioning of the obligations contained in the Transparency Law.
- Carry out advice on issues of transparency, access to public information and good governance.
- Maintain updated information about the regulatory projects of a State nature that are developed according to the Law of transparency, access to public information and good governance, or that are related to the respective object.
- Evaluate the degree of application of the Law of transparency, access to public information and good governance, making an annual report in which all the information about the fulfillment of the foreseen obligations will be specified and which will be presented before the General Courts .
- Promote the preparation of drafts, guidelines, recommendations and development standards on the good practices implemented in terms of transparency, access to public information and good governance.
- Also promote all training and awareness activities to carry out a better knowledge of the matters regulated by the Transparency Law, access to public information and good governance.
- Collaborate with bodies of a similar nature that are in charge of related matters or that are their own.
- All those that are attributed to it by regulation of legal or regulatory rank.
What are the fundamental principles of the Council for Transparency and Good Governance?
Endurance:
- The Transparency and Good Governance Council has the ability to act autonomously and independently in the performance of its functions, since it has its own legal personality and full capacity to act.
- The president of the Council of Transparency and Good Governance can carry out his position with absolute dedication, with full independence and with total objectivity, since he is not subject to an authoritarian mandate and does not receive instructions from any authority.
Transparency:
- To show full transparency, all the resolutions made in the Council, with respect to the pertinent modifications that must be modified and with prior dissociation of the personal data, will be published in the official website and on the Transparency Portal.
- The summary of the annual report of the Board will be published in the "State official newsletter", this in order to pay special attention to the level of compliance by the Administration with the provisions established by the Law on transparency, access to public information and good governance.
Citizen participation:
- The Transparency and Good Governance Council, through the channels of participation that are established, must collaborate with citizens to perform a better performance of its functions and thus promote compliance with the transparency and good governance regulations.
Accountability:
- The General Courts will be shown annually by the Council of Transparency and Good Governance, the accounts on the development of the activities carried out and on the degree of compliance with the provisions established in the respective Law.
- The President of the Council of Transparency and Good Governance must appear before the corresponding Commission to give an account of the report, as many times as necessary or required.
Collaboration:
- The Transparency and Good Governance Council must periodically and at least annually convene meetings established with the representatives of the bodies that have been created at the regional level for the exercise of functions similar to those entrusted to the Council.
- The Council for Transparency and Good Governance may enter into collaboration agreements with the respective Autonomous Communities and Local Entities to achieve the resolution of claims that may arise due to the express or presumed denial of the right of access.
- It may also enter into collaboration agreements with all those Public Administrations, social organizations, universities, training centers and any other national or international organization where activities related to good governance and its transparency are carried out.
Operation:
- All information provided by the Council for Transparency and Good Governance must comply with the principle of accessibility, especially in relation to people with disabilities.
- The information disseminated by the Council will conform to the National Inoperative Scheme, approved by Decree 4/2010, of January 8, and the technical standards for interoperability
- It will be encouraged that all the information of the Council is published in formats that can allow its reuse.
