PREAMBLE
I
Transparency, access to public information and the rules of good governance must be the basic
pillars of every political action. Only when the action of public authorities is subjected to
scrutiny, when citizens can know how decisions affecting them are made, how public funds are
managed, and under what criteria our institutions act, will we be able to speak of the outset of
a process in which the public authorities begin to respond to a society that is critical, exacting
and demands that public authorities enable participation.
Countries with higher levels of transparency and rules of good governance have stronger
institutions, which foster economic growth and social development. In these countries, citizens
can judge, more accurately and using better criteria, the capacity of their public authorities
and decide accordingly. Better supervision of public activity contributes to the necessary
democratic regeneration, promotes the State’s efficiency and effectiveness and fosters
economic growth.
The present Act has a three-fold purpose: it increases and strengthens transparency in public
activity—which is formulated through obligations involving active publicity for all public
administrations and entities; it recognizes and guarantees access to information—which is
regulated as a right with a far-reaching subjective and objective scope; and it sets forth the
good governance obligations to be met by public authorities, as well as the legal consequences
of non-compliance—which becomes a requirement of responsibility for all those carrying out
activities of public relevance.
In these three aspects, the Act is a significant step forward in this field, and sets forth
standards comparable to those of other consolidated democracies. Ultimately, it constitutes a
fundamental and necessary step forward, which shall be accompanied in the future by the
State’s promotion and support of multilateral initiatives in this sphere, and by the signing of
international instruments already in place in this area.
II
Spain’s legal system already has sector-based regulations containing specific obligations
involving active publicity for certain parties. Thus, for example, with regard to contracts,
grants, budgets or activities involving senior officials, our country has an outstanding degree of
transparency. However, this regulation is currently insufficient and does not meet the social
and political demands of our day. Therefore, this Act moves forward and intensifies the
configuration of active publicity obligations which, it is understood, must be binding on a great
many parties, including all the Public Administrations, the Legislative and Judiciary bodies as
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