Análisis en clave competencial del Proyecto de ley estatal sobre transparencia, acceso a la información pública y buen gobierno

Abstract

This article focuses on the analysis of the several competencies that serve the Central Government and the regional governments to pass laws on transparency and access to public information: it specifically focuses on the regulation of the right of access to information. We aim to analyze, from the perspective of the distribution of powers, whether the Spanish bill on transparency, right of access to information and good governance fits within the Spanish pluri-legislative framework. Some regions have already passed their owntransparency laws and have regulated, even minimally, the right of access to public information or, otherwise, to the administrative files and records. Additionally, we offer a brief panorama of how the regulation of the right of access has been articulated in other politically decentralized states, such as the USA, Canada, Switzerland and Italy. This will allow us to reach some conclusions on whether having a single legal framework guaranteeing the right of access is a must.

Keywords

• right of access to public information
• distribution of powers
• public transparency
• administrative procedure.