cutting red tape, and using electronic means to facilitate participation, transparency and
access to information.
The Act, therefore, does not start from scratch nor does it fill a void. Rather, it develops what
has already been done, making up for shortcomings, correcting deficiencies, and creating a
legal framework in keeping with the times and with the citizens’ interests.
From the viewpoint of comparative law, the European Union, as well as most of its Member
States, already have in their legal systems specific legislation regulating transparency and the
right to access public information. Spain could no longer remain on the sidelines and, taking
the models provided by our neighbouring countries as an example, is adopting this new
regulation.
As regards good governance, the Act constitutes an extraordinarily significant step forward.
Principles that were merely programme-based and not legally binding are now incorporated
into an Act, and thereby is the basis for the interpretation and application of a penalty system
to which all public authorities are subject; the conduct of public authorities, in the broadest
sense of the term, regardless of the government to which they belong or of the public
administration in which they perform their duties, and precisely because of these duties, must
be exemplary.
III
Title I of the Act regulates and enhances the transparency of the activity of all those
performing public duties or exercising administrative powers through a series of provisions
listed in two differentiated chapters, and from a two-fold perspective: active publicity and the
right to access public information.
The subjective scope of application of this Title, stated in Chapter I, is very wide-ranging and
includes all the Public Administrations, self-governing bodies, State agencies, publicly-owned
business entities, and public-law entities, to the extent that they have been granted regulatory
or supervisory functions over a certain sector or activity, as well as the public-law entities with
their own legal personality, linked or reporting to any of the Public Administrations, including
public Universities. With regard to their activities under administrative law, the Act is also
applicable to public-law corporations, to the Household of His Majesty The King, to the
Congress of Deputies, to the Senate, to the Constitutional Court and to the General Council of
the Judiciary, as well as to the Bank of Spain, to the Council of State, to the Ombudsman, to
the Court of Accounts, to the Economic and Social Council, and to the equivalent institutions in
the Autonomous Communities. It is also applicable to commercial companies in whose share
capital the aforementioned entities hold a direct or indirect stake of more than fifty percent,
to public-sector foundations, and to associations constituted by the above-mentioned
Administrations, bodies and entities. Furthermore, it shall be applicable to political parties, to
trade unions and business associations, and to all private entities that receive a certain amount
of public grants or subsidies. Finally, persons performing public duties or exercising
administrative powers shall also be required to provide to the Administration to which they
report, upon request, any information necessary in order for said Administration to comply
6
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