Transparencia y acceso a la información en las entidades locales vascas

Abstract

This work analyzes the regulation of transparency and the access to information within the Basque local governments. It highlights the need to pay attention to several legal systems: that of the State, with Act 19/2013 of December 9th, on transparency, access to public information and good governance on one hand and that of the Act 7/1985 of April 2nd, governing the bases of the local regime on the other. The Basque autonomous system with Act 2/2016 of April 7th on Local Entities of Euskadi (LILE) and which predictably will also be integrated with the future Act on transparency, citizen participation and good governance within the Basque public sector. And the local, with the ordinances approved and yet to be enacted by not few Basque local entities which if they do not interfere in State and Autonomous systems can specify for its own entity organizational issues and go beyond the broad obligations established by the State basic regulation and that of autonomous development. In this study the different aspects at stake are studied: the meaning of transparency, the acknowledgement by the Constitution and its legal development previous to the State Act on Transparency by the State general and local legislation, the approval of the State and Autonomous acts and their respective scope of application, together with the decision-making scope of local entities, the new regulation by the LILE and the doubts of fitting with the Basque bill on transparency, the persons concerned, the limits, the active advertisement, the right of access to public information or passive advertising, the guarantees and finally the relationship between the Acts of transparency with the access of councilmen and councilwomen to the municipal information.

Keywords

• transparency
• access to information
• acton local institutions of euskadi
• basque local entities