b) Ensure compliance with the publicity obligations defined in Title I, Chapter II hereof, as
required by Article 9.
c) Hear any complaints lodged in application of Article 24 hereof.
d) Respond to possible enquiries submitted by the bodies responsible for processing and
deciding on applications for access to information.
e) Urge the initiation of the disciplinary proceedings provided for in Title II hereof. The
competent body shall justify any decision not to initiate such proceedings.
f) Approve the preliminary draft budget.
g) Perform any other duties assigned to him or her by rules set forth in an Act of Parliament,
Regulation, or statute of equivalent rank in the legislative hierarchy.
Article 39. Legal framework.
1. In addition to the provisions hereof, the Council on Transparency and Good Governance
shall also be governed by:
a) Any applicable provisions of Act 47/2003, of 26 November, on Budgeting. It shall annually
draw up a preliminary draft budget, using the structure established by the Ministry of the
Treasury and Public Administrations, for subsequent submission to the Government and
inclusion in the National Budget.
b) The Consolidated Text of the Public Sector Contracts Act passed in Royal Legislative Decree
3/2011, of 14 November.
c) Act 33/2003, of 3 November, on Public Administration Property and, for aspects of property
acquisitions not governed therein, private law.
d) Act 7/2007, of 12 April, the Basic Statute of Public Employees, and other rules applicable to
civil servants of the Central State Administration, for matters relating to human resources.
e) Act 30/1992, of 26 November, on the Legal System of the Public Administrations and the
Common Administrative Procedure, and other applicable legislation for those matters of the
performance of public duties not regulated herein.
2. The Council of Ministers shall approve the Council on Transparency and Good Governance’s
Statute, stipulating its organization, structure and functioning, as well as any aspects necessary
for the discharge of its duties, via Royal Decree.
3. In general, offices within the Council on Transparency and Good Governance shall be held by
civil servants, pursuant to Act 7/2007, of 12 April, on the Basic Statute of Public Employees,
and the civil service rules applicable to the civil servants of the Central State Administration.
Positions may be held by hired employees where permissible under the legislation governing
the civil service of the Central State Administration. Any personnel seconded to a position in
the Council on Transparency and Good Governance through the applicable staff provision
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