The aim of this system is for citizens to have public office holders who act in accordance with
the principles of effectiveness, austerity, impartiality and, especially, responsibility. To meet
this goal, the Act lays down a system of sanctions structured in three spheres: infringements
regarding conflicts of interest, infringements in financial and budgetary management, and
disciplinary infringements. Moreover, infringements deriving from non-compliance with
Organic Law 2/2012, of 27 April, on Budget Stability and Financial Sustainability, are included.
In the financial and budgetary sphere it is worth highlighting that sanctions shall be imposed
upon those who make expenditure commitments, settle obligations or order payments
without sufficient credit to do so or infringing the provisions of budgetary regulations, or do
not justify the investments of funds referred to in the equivalent budgetary regulations. Thus,
a fundamental control mechanism is introduced, which will prevent conduct that is
irresponsible and unacceptable in a State governed by the rule of law.
Committing the specified infringements shall lead to the imposing of sanctions such as removal
from the public offices held by the infringer, to not being paid any compensatory pensions, to
the obligation to repay the unduly received amounts, and to the obligation to compensate the
Treasury. It must be noted that these sanctions draw their inspiration from those set forth in
Act 5/2006, of 10 April, on conflicts of interests involving members of the government and
senior officials of the Central State Administration.
Moreover, it is set forth that the perpetrators of very serious infringements may not be
appointed to hold certain public offices during a 5-to-10-year period.
Title III of the Act creates and regulates the Council on Transparency and Good Governance, an
independent body with responsibilities for promoting the culture of transparency in the
activity of the Public Administration, for monitoring compliance with active publicity
obligations, as well as for guaranteeing the right of access to public information and the
observance of the good governance provisions. A supervisory and monitoring body to
guarantee the proper application of the Act is, thus, created.
The Council on Transparency and Good Governance is constituted as an independent body,
with full legal capacity and capacity to contract, and has a simple structure which guarantees
its specialization and operational capacity while at the same time avoiding the creation of large
administrative structures. Its independence and autonomy in the exercise of its functions shall
also be guaranteed by the parliamentary support which shall be necessary for appointing its
Chair.
In order to respect the Autonomous Communities’ powers to the utmost, it is set forth that the
Council on Transparency and Good Governance shall only have powers in those Autonomous
Communities with which it has signed an agreement to this effect; otherwise, the powers
undertaken by the Council on the national level shall be, in the Autonomous Community level,
the responsibility of the body designated for this purpose.
The Additional Provisions address diverse issues, such as the application of special regulations
of the right of access, the revision and simplification of regulations—on the understanding that
clarifying the applicable current regulations is also an exercise in good governance and another
expression of transparency—and collaboration between the Council on Transparency and
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