regards their activities under Administrative Law, as well as other constitutional and statutory
bodies. Furthermore, this Act shall be applied to certain entities which, given their particular
public relevance or their nature as recipients of public funds, shall be made to strengthen the
transparency of their activity.
The Act broadens and strengthens active publicity obligations in different spheres. As regards
institutional, organizational and planning information, the Act requires the parties
encompassed in its scope of application to publish information about the functions they
perform, the regulations applicable to them and their organizational structure, as well as their
instruments for planning and assessing compliance. As regards information of legal relevance
directly affecting relations between the Administration and citizens, the Act contains an
extensive list of documents which, by being made publicly available, will create greater legal
certainty. Likewise, as regards information of economic, budgetary and statistical relevance, an
extensive catalogue is set forth that should be accessible and comprehensible for citizens,
because it is an excellent instrument for monitoring the management and use of public
resources. Lastly, the obligation is established to publish all the information which is most
often applied for, so that transparency obligations may be harmonized with the citizens’
interests.
To channel the publication of such a vast amount of information and facilitate compliance with
these active publicity obligations—and bearing in mind that it is not possible to speak of
transparency, on the one hand, but not implement the appropriate means to facilitate access
to the information published, on the other—the Act envisages the creation and development
of a Transparency Portal. Today, new technologies enable us to develop extraordinarily useful
instruments to comply with the provisions of the Act, the use of which shall enable citizens to
obtain all the information available through a single point of access.
The Act also regulates the right to access public information which, nevertheless, has already
been implemented in other provisions of our legal system. Indeed, stemming from the
provision contained in Article 105.b) of our Constitution, Act 30/1992 on the Legal System of
the Public Administrations and Common Administrative Procedure implements in its Article 37
citizens’ right to access records and documents held in administrative archives. But this
regulation has a series of shortcomings which have been frequently evidenced, due to the fact
that the object of the right to access is not clear, because it is limited to documents contained
in administrative procedures that have already concluded, and because its exercise is
extraordinarily limited in practice.
Likewise, but with a sector-based scope and resulting from EU Directives, other regulations
envisage access to public information. This is the case of Act 27/2006, of 18 July, which
regulates the rights to access information, of public participation, and to access justice in the
sphere of the environment, and of Act 37/2007, of 16 November, on the reuse of public sector
information, which regulates the private use of documents held by the Administrations and
other public sector bodies. In addition, Act 11/2007, of 22 June, on citizens’ electronic access
to public services, while recognizing citizens’ right to communicate with the Administration
through electronic means, opens a path on which further progress is made with this Act: the
implementation of a culture of transparency which demands modernizing the Administration,
5
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