1. Public administrations and public institutions and bodies in general have functions, activities and services to fulfill public interest purposes for the benefit of all citizens.
In a context of democratic and legal status, all public authorities have the legitimacy that gives them citizen participation in their configuration (directly or indirectly), which obliges citizens to account, in accordance with the principle of responsibility, of its activity and of the management of the public resources that have been put at its disposal.
The exigencies of the actions of the administrations with full subject to the law have been special object of attention by the legislator for years, in order to guarantee compliance with the principle of legality and the possibility that citizens have mechanisms of protection for the protection of their rights and interests. The fight against the immunities of the power has been especially effective in this area with the adoption of legislative measures that allow to control the subjection to the law and the right of the administrative activity.
However, it is not possible to make this finding about other essential aspects of the organization and functioning of the public Administration, which directly affect their democratic quality as they affect the knowledge by the citizens of the data and the The information available to the public administrations and authorities, which are decisive for decision-making and that citizens must also know in order to evaluate public actions and guarantee the exercise of responsible public power.
From this perspective, principles such as transparency, access to public information and good governance, as basic principles that make it possible to evaluate the democratic quality of the functioning of public administrations, acquire special relevance. And it also has the open government, as a concept that allows to take advantage of the electronic media advantages to configure a system of relationships between administrations and citizens more interactive and more participatory.
These principles have not so far been the subject of clear and definite legal treatment that entails their translation in legal rights and obligations. For this reason, it was necessary for Parliament to meet this challenge in order to respond to a social demand that increasingly demands greater transparency on the functioning of the administrations and decision-making processes, including the recognition of a Broad right of access to public information, as well as greater participation in decision-making.
This law seeks to comply with this social demand through the concretion and development of these principles, with the intention of extending its scope to all public bodies of Catalonia, whether or not they are administrative. At the same time, the establishment of rights and corresponding legal obligations also obliges them to protect them with guarantee mechanisms that the same law establishes, so that they do not remain as mere programmatic principles.
2. The Law has the main subjective scope of application of the public administrations of Catalonia, a notion that includes the Administration of the Generalitat and the local entities, as well as all agencies and entities of an administrative nature dependent or linked to these administrations.
However, given the diversity of administrative organizations and the increasingly extended public and public-interest activities developed by private agents, the Law also extends its scope to private individuals that carry out these activities, notwithstanding that In these cases the fulfillment of the obligations of transparency and information is made effective by means of the public administrations responsible for the service or of tutelage. From this private perspective, the scope of application of the Law also extends to organizations, associations and foundations whose income come in a significant way from subsidies or public aid, as well as to the regulation of the Registry of interest groups in order that the citizens can identify the people who act as such and know the relations they have with the Administration in defense of specific interests, as well as the ethical rules to which they must adjust the acquisition .
Finally, it should be noted that the Law also has its effects on all other public institutions that are not public administrations in the part that perform administrative functions due to its operation or institutional aspects in respect of which a duty of Transparency and information, without prejudice to the organizational and operational autonomy recognized by the Law. With regard to Parliament, a specific additional provision stipulates that, in accordance with the principle of organizational autonomy recognized by Article 58.1 of the Statute of Autonomy, it will have to make the necessary adaptations to meet the requirements of the Law, without this being possible under any circumstances a lower guarantee scheme for citizens.
3. The regulation of transparency in public activity is one of the basic pillars of the Law. This regulation understands transparency as an obligation under the responsibility of the Administration, which must provide proactively, that is to say, without the need for express demand, information on data and contents of a different nature that are referential with respect to its organization , operation, major decision making and management of public resources. In this way compliance with the mandate of article 71.4 of the Statute of Autonomy, which obliges the Administration of the Generalitat to make public the necessary information so that citizens can evaluate the management.
The Law determines in a very broad way the various contents of the obligation of transparency (institutional and organizational information, economic and budgetary management, information of legal relevance, programming and planning, public procurement, subventional activity, etc.), and the Rules to which it remains subject, especially those that must guarantee its easy access, consultation and understanding, its neutrality, its updating, as well as the limits derived from the protection of other rights.
Special mention is required for the creation of the Transparency Portal, which is the basic and general tool for providing citizens with information in an integrated way for all public administrations. This portal is configured as an electronic platform for advertising on the Internet, which allows access to all available information and that contains the links with the electronic headquarters of the administrations and entities that make up.
4. Access to public information constitutes the second basic axis of the Law. The regulation that introduces the Law substantially modifies the current regime so far in this matter, to the point of making this access a true subjective right that all people have to access public information, understood in broad sense, as all the one that has been prepared by the Administration itself and also that which it has in its power as a result of its activity or the exercise of its functions.
The right of access is a right that complements the information that the citizen can obtain through the transparency. However, given its configuration as a subjective right, the Law regulates the conditions of its exercise, which is verified by means of a specific procedure that tries to guarantee to the maximum possible its effectiveness. In this sense, the principle of restrictive interpretation of its limits, of partial access if possible, of absence of interest and of motivation in the demand of access is established, and the positive silence in case of lack of resolution within deadline.
In this case, the guarantee system that is established is of particular relevance. In view of the ordinary regime of administrative resources, the Law has opted for an ad hoc complaint procedure, which is based on the creation of an independent and professionalized body, the Guarantee Commission for the Right to Access to Public Information, which will be the one in charge to solve the conflicts and to configure at the same time a doctrinal line on the application of the limits that can exclude or to restrict the right of access. The law determines that this commission can take its decisions in the form of a resolution or through a mediation agreement, if the parties in conflict so request and accept it.
Regarding the limits that may condition the right of access to public information, the Law determines them objectively, always paying attention to the protection of other rights or interests that must be preserved in accordance with the legal system. Obviously, in most cases the Law must use indeterminate legal concepts to express them, but a possible extralimitation in their application may be offset in this case by the intervention of the independent commission in charge of resolving claims.
5. The development of political and administrative activity highlights the existence of people and organizations that, in a lawful way, carry out activities that can influence the development and application of public policies for the benefit and Interest of other people or organizations.
This is a reality that can not be avoided, but it can be made more transparent through the adoption of legal measures. In this regard, the Law creates the Register of interest groups, in order to publicize people who carry out the activity of influence or intermediation, and establishes the obligations to which interest groups remain subject , which include accepting and fulfilling a code of conduct that must ensure that the activity carried out before the authorities, public offices and civil servants always respect the legal framework.
6. A democratic society and the need for public interests to be served with objectivity, neutrality and impartiality force the attraction of public servants, especially senior officials, to adjust to certain parameters that guarantee compliance with these principles.
In this sense, the Law establishes the principles of good governance that must be made possible, which must be developed through codes of ethics and good conduct. The establishment of these codes is complemented by the principle of publicity of the activities, goods and interests of senior executives and the obligation to comply with the regime of incompatibilities. Another notable measure is the obligation to publicize the criteria according to which the senior positions are appointed, according to their competence, qualification and professional experience. These requirements are in line with the anti-corruption policies promoted by the European Union and countries around us.
The concept of good governance is also projected on the objective requirements that must be given to ensure that public activity is carried out in the best conditions and guarantees high-quality public services. Good administration requires the establishment of minimum standards of quality and a clear definition of the conditions of access to services and the rights and duties of users and the Administration. The figure of the service charts is established as an essential instrument in this regard, and it is configured with regulatory value for the purposes of its entailment and fulfillment requirement. The measures of good administration are complemented by the establishment of a system of permanent evaluation of the services and with the recognition of the right of the citizens to make proposals and suggestions.
Also important is the measures of regulatory simplification and participation in the elaboration of regulatory provisions, participation that incorporates the right to propose initiatives of regulation. Simplification must have a dual purpose according to the Law: on the one hand, avoid unnecessary proliferation of regulations and, on the other, carry out normative consolidation work to order and facilitate the knowledge of current law. The establishment of evaluation mechanisms for the application of the rules should also contribute to this task of simplification.
7. The ease of interrelation between the Administration and the citizens that favor electronic means allows to apply the open government, understood as a system of action and management of public affairs that makes possible a permanent dialogue between the Administration and the citizens , the participation and collaboration of these in the definition of public policies and better transparency in the retention of accounts and the requirement of responsibilities.
The Law establishes various measures to promote the open government and to guarantee its effectiveness, especially with regard to the right of citizens to submit proposals and make suggestions, with the obligation of the Administration to give them an answer motivated, as well as the obligation to establish participatory procedures in the definition of the most relevant public policies. However, with regard to the specific instruments of citizen participation, it must be kept in mind that their regulation must be one of the contents of the Law that develops article 122 of the Statute and also of the regulatory sector that regulates the different public activities .
8. The novelties that the Law incorporates in relation to the current legal framework, in the different areas it regulates, and the nature of its provisions raise the need to establish a guarantee mechanism to strengthen its legal and obligatory content. Without a system of guarantees, there would be the risk of converting the Law into a declaration of principles or good intentions, due to the innovative character of the Law, which makes the current regulations unable to give an adequate response to this requirement, to the detriment of the effectiveness of the norm.
For this reason, the Law establishes an administrative system of resources and claims, provides for the intervention of the Catalan Ombudsman and the Anti-Fraud Office of Catalonia and, in particular, incorporates a detailed and precise sanctioning regime that fulfills in this area the function that the administrative sanctioning right, the only one over which the Generalitat has jurisdiction, complies with other administrative regulations.
The guarantee system is completed with the establishment of an external evaluation procedure for compliance with the Law, which is charged with an independent institution such as the Ombudsman. This assessment task is carried out through an annual general report, without prejudice to the specific reports that can be made in relation to specific organizations or specific material areas.
The express determination that contains title IX on the measures that the Generalitat has to adopt in order to apply them effectively also helps to facilitate and guarantee compliance with the new legal framework.
It should also be noted that the entry into force of the Law seeks to reconcile compliance with the expectations generated by the approval of the new legal framework with the need for obligated subjects to have the necessary time to take the necessary measures to to be able to fulfill the obligations that the Law imposes. Thus, the effective date is set at six months, except for the case of the local Administration, which extends to one year in terms of Title II. With regard to the Guarantee Commission for the Right to Access to Public Information, the Law states that it must be designated within a period of four months.
9. With this law, in short, it is intended to introduce a change in the administrative culture so that citizens can have a broad knowledge and information about the internal organization of the Administration, the most determining elements according to the which makes the decisions and the reasons that justify its action, including the economic commitments that this entails.
Transparency and the right of access to public information are thus consolidated as the determining tools of the social control of the Administration and its activity, to the benefit of a higher democratic quality.
On the other hand, good governance and open government measures must meet the dual objective of achieving the highest degree of demand in the fulfillment of the public service obligations on the part of the people who assume this responsibility, on the one hand, and favor greater participation and commitment of citizens in the definition of public policies, on the other.
This law also has the will to be the referential rule in the matters that it regulates. For this reason, although it does not have a special regulatory rank, the same legislator has wanted to emphasize this will by means of a provision that expressly defines the transversal character and common regulatory denominator of the Law, as well as the principle of consistent interpretation with its content in relation to other more sectoral laws, unless these establish clear and express exceptions in the opposite direction.
1. This law is intended to:
a) Regularize and guarantee the transparency of public activity.
b) Regularize and guarantee the right of access of people to information and public documentation.
c) Establish the principles and obligations of good governance in accordance with which senior executives must act, personnel at the service of the Administration and the rest of the people to whom this law is applicable.
d) Apply the open government and encourage citizen participation and collaboration.
e) To regulate the regime of guarantees and responsibilities for breach of the duties and obligations established by this law.
2. The purpose of this law is to establish a system of relationship between people and the public Administration and the other obligated subjects, based on the knowledge of public activity, the incentive of citizen participation, the improvement of quality of the public information and of the administrative management and the guarantee of the retention of accounts and of the responsibility in the public management.
For the purposes of this law, it is understood as:
a) Transparency : the proactive action of the Administration to disclose the information regarding its fields of action and its obligations, in a permanent and up-to-date way, in the way that is more understandable to the people and through of the dissemination instruments that allow them wide and easy access to data and facilitate their participation in public affairs.
b) Public information : the information elaborated by the Administration and the one that it has in its power as a result of its activity or the exercise of its functions, including the one provided by the other obligated subjects of agreement with what is established by this law.
c) Right of access to public information : the subjective right that is recognized to the people to request and obtain the public information, in the terms and conditions regulated by this law.
d) Good governance : the principles, obligations and regulations regarding the quality of the services and the functioning of the Administration, and the ethical principles and good practices in accordance with which the senior officials must act, Administration, senior management positions and other personnel at the service of the Administration, in order to ensure that this works with maximum transparency, quality and equity, and with a guarantee of accountability.
e) Open government : the measures to establish a permanent and bidirectional relationship and dialogue between the Administration and people when defining and applying public policies, and to introduce and develop instruments for participation and collaboration citizen in public affairs.
f) Public administration : public administrations and public bodies, entities and instruments of the public sector and entities linked to the Administration referred to in article 3.1. a , b , and c , and the other agencies and public institutions included in article 3.1. b .
g) Interest groups: natural or legal persons of a private nature who take active participation in public policies or in decision-making processes in Catalonia in order to influence the orientation of these policies in defense of ‘own interest or third parties, or of a general interest.
h) Obligated subjects: all natural or legal persons in respect of which this law imposes duties and obligations.
i) Active publicity: the duty of the subjects obliged to make public, ex officio, the contents of public information that determines chapter II of Title II.
1. This law is applicable:
a) The Administration of the Generalitat and the entities that make up the local Administration in Catalonia.
b) To public entities and entities, societies with majority or linked participation, foundations of the public sector, public law entities dependent or linked to the administrations referred to in the letter a , public law entities that act independently Functional or with a special autonomy recognized by law that performs functions of regulation or external supervision over a particular sector or activity, the institutions of the Generalitat referred to in Chapter V of Title II of the Statute of Autonomy, Professional laws and public law corporations in what affects the exercise of their public functions and consortia or other associative forms and their associated entities and mercantile societies in which some of these administrations participate in a majority way.
c) In the public universities of Catalonia and the entities that depend or are affiliated or participated, including commercial companies, foundations and other instrumental entities.
d) To natural or legal persons that carry out public functions or administrative powers, which provide public services or receive public funds to work or carry out their activities for any legal title.
e) To natural or legal persons that carry out activities legally qualified as services of general or universal interest .
f) The interest groups, in the terms established by Title IV.
2. In the cases of section 1. d e e , compliance with the obligations established by this law shall be carried out by the responsible Administration. For this purpose, individuals and private entities must inform the Administration of the activities directly related to the exercise of public functions, the management of public services and the perception of public funds, and of the activities that remain within the supervision and the control of the Administration in the case of services of general or universal interest. They must also inform them of the remuneration received by management positions if the business volume of the company linked to activities carried out on behalf of public administrations exceeds 25% of the general volume of the company, company
3. Municipalities may fulfill the obligations of transparency and those derived from the right of access to public information, in an associated way or through formulas of cooperation established with local supramunicipal entities or with the Administration of the Generalitat, if for reasons of capacity or efficiency they can not be directly met.
4. The obligations of transparency established by Title II are also applicable to political parties, associated associations and foundations, trade union and business organizations and private entities in the following cases:
a) If they receive public subsidies or grants of more than 100,000 euros per year.
b) If at least forty percent of their annual income comes from public subsidies or grants, provided that this amount exceeds 5,000 euros.
5. Public sector contracts must include the obligations of the successful tenderers to provide information established by this law, without prejudice to compliance with the obligations of transparency.
6. Each obligated subject is responsible for the information that it includes in its portal of transparency and that it incorporates in the Portal of the Transparency, in accordance with which establishes this law.
1. Those responsible for fulfilling the duties and obligations established by this law are senior officials at the service of the Generalitat and the local Administration of Catalonia and the personnel at the service of the public Administration, in the general sphere, and Also, the people that determine this law in relation to specific fields.
2. For the purposes of this law, they have the status of high positions:
a) At the service of the Generalitat, which establishes the regulatory law of the regime of incompatibilities of senior officials at the service of the Generalitat.
b) At the service of the local Administration, the local representatives and the heads of the higher organs and executives, in accordance with what is established by the legislation of the local regime.
c) At the service of the other public bodies referred to in article 3, the holders or members of the governing bodies and the executive positions of said bodies.
3. For the rest of the people in charge, the regulatory regulations of the administrative organization must determine with clarity and precision the authorities and the bodies responsible for the fulfillment of the duties and obligations established by this law.
1. The obligated subjects must adopt the necessary measures to facilitate to the people the knowledge of the public information. The information subject to the transparency regime must be made public in the electronic headquarters and the websites of the obligated subjects, in a clear, structured and reusable format.
2. For the purposes set out in section 1, the obligated subjects must guarantee the transparency of public information through a comprehensive information and knowledge system in electronic format, whose design must be based on the preferential use of public document management systems, as data facilitators and authentic documents, in the framework of interoperability of the public sector.
3. The integral system referred to in section 2 must allow people with easy and free access to public information, in order to foster their knowledge and facilitate participation and responsible collaboration in the public affairs
4. The system is based on the Transparency Portal, which is the basic and general instrument for the management of public documents to give effect and effectiveness to the obligations of transparency established by the Law, and in its electronic websites or websites corresponding The Portal of Transparency must include the Register of interest groups, regulated by Title IV, and participation channels and participatory procedures in process.
5. The Transparency Portal is organized and managed by the Administration of the Generalitat, and also integrates the information of the local administrations and the administrations and entities included in article 3.1. a , b , c, d i e . Local administrations and other administrations and entities can create their own transparency portals, whose access to content must be provided from the Portal de la Transparencia de la Generalitat, in an interconnected way and to facilitate the integration All portals must have a search engine that allows fast, easy and understandable access to the information and incorporates warning mechanisms on the data that has been updated.
6. The Portal of Transparency and the portals that are eventually created in accordance with the provisions of section 5 must be configured as an electronic platform for active advertising on the Internet, must be easily identifiable and must contain the link of the electronic headquarters of the public administrations or corresponding entities. They must also comply with the recommendations of the Web Accessibility Initiative to facilitate access for people with disabilities.
7. The subjects referred to in article 3.1. They must comply with their obligations of transparency in the terms established in article 3.2.
1. To enforce the principle of transparency, the obligated subjects must take the following actions:
a) Disseminate public information of general interest in a truthful and objective way, so that people can know the action and functioning of the public Administration and exercise control of this action.
b) Ensure that the information referred to in the letter a is disseminated constantly and is updated permanently, with the express indication of the date it was updated for the last time and, if possible, from the date on what should be updated again
c) Organize information in a way that is easily accessible and understandable to people and to facilitate quick and easy consultation through search tools equipped with the technical characteristics that guarantee it.
d) Sort thematically the information so that it is easy and intuitive to locate. This arrangement must be done, at a minimum, with thematic and chronological criteria, following the corporate document classification box – if available – and incorporating indexes or query guides.
e) Facilitate the consultation of information with the use of computer media in easily understandable formats that allow interoperability and reuse.
2. The obligations of transparency established by this law are minimal and general, and are understood without prejudice to those that can establish in a more detailed and specific way the applicable legislation.
3. The obligated subjects must establish procedures based on objective indicators to evaluate the fulfillment of the obligations of transparency. In the assessment procedures, the participation of independent experts and citizens must be guaranteed.
1. The limits applicable to the obligations of transparency are the same as the Title III establishes for the right of access to public information, especially those relating to the protection of personal data.
2. The principle of transparency must be interpreted and applied in all cases in a preferential way. Any limitation in the application of the principle of transparency must be based on a limit or an exception expressly established by a rule with a legal status.
1. The public Administration, in application of the principle of transparency, must make public the information related to:
a) The institutional organization and the administrative structure.
b) The economic, accounting, budgetary and patrimonial management.
c) Decisions and actions with special legal relevance.
d) The workforce, the relation of jobs and the remuneration regime.
e) The administrative procedures related to the exercise of their powers.
f) Contracts and agreements.
g) The announcements and the granting of subsidies and public aid.
h) Reports and studies.
i) The plans, the programs and the general memories.
j) Statistical information.
k) Geographic information.
l) The materials and actions whose advertising is established by norm.
m) Any matter of public interest, and information that is requested more frequently through the exercise of the right of access to public information.
2. Public information regarding the matters referred to in section 1 must include all the data and documents with the scope and accuracy determined by articles 9 to 15. The information must be consistent with the The purpose of the knowledge provided in each case and must be adequate and complete with regard to the informative content determined by the Law.
1. The information regarding the institutional organization and the administrative structure that the Administration must make public in application of the principle of transparency must include:
a) The description of the organization of the Administration and of the linked and dependent public bodies and entities, as well as of the companies, public foundations and consortiums of which the Administration forms part, with the inclusion of an updated organizational chart .
b) The internal organizational structure of the Administration and of the organizations and entities referred to in the letter a , with the identification of those responsible for the various organs and their professional profile and trajectory.
c) The functions attributed by the Administration and the bodies and entities referred to in the letter a , indicating the body, entity or body that exercises them in each case.
d) The employment relationship of the official, labor and event staff, and the staff and the relationship of temporary and interim contracts not linked to any place of work of said relationship of places.
e) The announcements and the results of the selective processes of provision and promotion of the personnel.
f) The relationship of senior officials.
g) The lists that may be created to access the training and promotion processes.
h) The list of places occupied by personnel assigned by the successful tenderers of contracts signed with the Administration that, under the contract, carry out an activity, service or work that is permanent in a dependency or public establishment, and also the system of dedication and the remuneration regime of this personnel and the tasks that it carries out.
i) Agreements, agreements and agreements of a civil, labor and trade union nature.
j) The catalog of services provided, existing service charts and information on the results of quality assessments and the social impact of public policies.
k) The agreements regarding the creation, participation and operation of public entities, public societies and foundations, consortia and other entities linked to the public Administration.
l) Information on the channels of participation and participatory procedures in process, in accordance with the provisions of this law and the Law of non-referendum and other forms of citizen participation, in order to disseminate and facilitate citizen participation.
m) The resolutions dictated by the competent body, in application of the regulations on the regime of incompatibilities of the high positions, with the form and the conditions that are determined by regulation.
2. The organizational information must include the number of union liberties that exist in the scope of the Administration and the entities that depend on them, with the indication of the corresponding unions, the costs that the liberation generates in the Administration and the number of union hours used.
1. The information regarding the decisions and actions with legal relevance that the Administration must make public in application of the principle of transparency must include:
a) The norms approved by the public Administration – of which the versions in the original format must be available and, in the case of the norms that have been modified, the consolidated versions- and the data related to the Evaluation of the application of the rules.
b) Directives, instructions, circulars and anonymized responses to proposed consultations that have a special impact on the interpretation and application of the rules.
c) The regulatory procedures in progress, with the indication of the processing status in which they are located.
d) The reports and supporting documents for the processing of the projects or preliminary draft regulations, the various texts of the provisions and the relationship and evaluation of the documents originated by the procedures for public information and citizen participation and for the intervention of the interest groups, if appropriate
e) The updated catalog of all administrative procedures, with the indication of those available in electronic format, the sense of administrative silence and the resources that may be submitted in relation to the resolutions that put an end to it.
f) Administrative acts, responsible declarations and prior communications that may have an impact on the public domain or the management of public services, and those that advise it on reasons of special public interest.
g) The acts that have undergone a review procedure in administrative mode.
h) Administrative and judicial resolutions that may be of public relevance and the final judicial decisions that affect the people obliged to comply with this law, due to the exercise of the functions and responsibilities attributed to them.
i) The opinions of the Legal Advisory Commission and of the other advisory bodies.
2. In the case of letters c and d of section 1, the information must also include the documents that, in accordance with the applicable regulations, must be submitted to a period of public information during the processing, as well as the full content of the texts of the draft laws and the draft regulations.
3. In the case of the letters f , g , h , i and of section 1, the information does not have to include personal data or references.
1. The information regarding the economic and budgetary management that the Administration must make public in application of the principle of transparency must include:
a) The budget, with the description of the annual budget items and the data of their execution – so that the degree of execution can be known on a quarterly basis – and their liquidation, and the fulfillment of the stability objectives budget and financial sustainability.
b) The remuneration, indemnifications and allowances, the activities and assets of the members of the Government, the senior officials of the public Administration and the management personnel of the public entities, companies, foundations and consortiums, and the compensation they must perceived by not exercising the position.
c) The complete mandatory annual accounts and the auditing and auditing reports of the external control bodies that issued them.
d) The resolutions dictated by the competent body to instruct and resolve the records related to the declarations of activities, patrimonial and interests of the senior positions and to the registration in the corresponding registries, in application of the regulations on incompatibilities of the highs charges
e) The general information on the remuneration, compensation and diets received by public employees, grouped according to the levels and bodies.
f) The cost of the institutional advertising campaigns, breaking down the different concepts of the campaign and the amount contracted in each means of communication.
2. Information on equity management must include:
a) The information on the most relevant data of the general inventory of assets with respect to public and capital assets and to movable property with a special value.
b) The economic information related to the management of the assets.
1. The Administration must publicize, in accordance with the principle of transparency, annual and multiannual plans and programs, of a general or sectoral nature, which establish the strategic guidelines of public policies. Likewise, the internal and external audits of evaluation of the quality of public services must be published.
2. The information referred to in section 1 must include, at a minimum, the actions to be carried out, the means to be used to execute the plans and programs, Compliance deadlines, economic memory and studies and supporting technical reports.
3. The public information referred to in section 1 must include the criteria and the methodology to evaluate the compliance of the plans and the programs and the result of the evaluation, once executed.
4. The Administration must make public the general territorial plan, the partial territorial plans, the territorial directors plans, the sectoral territorial plans, the urban planning plans, the urban planning plans municipal, the plan of spaces of interest natural and the other plans and programs that have to be developed in compliance with a norm with a range of laws and the plans that must be published with a mandatory nature.
5. The Administration must make public the modifications of the plans and programs and the economic, geographic and urban information, of own or external elaboration, that has used to elaborate them and to evaluate the execution.
1. Transparency in the field of contracts subscribed by the obligated subjects is applicable to all contracts, including the assets and minors. Public information regarding contracts must include:
a) Information on the entities and the contracting bodies, with the indication of the exact denomination, the telephone, and the postal and electronic addresses.
b) Information on bidding procedures, which must include at least the type of contract, its purpose, the economic content, the folds of administrative clauses and the conditions of execution.
c) Information about the scheduled contracts.
d) Contracts subscribed, with the indication of the object, the amount of the tender and the award, the procedure used to contract and the identity of the successful bidder, the duration, the number of bidders, the criteria of adjudication, the comparative table of offers and the respective scores, as well as the agreements and technical reports of the recruitment process. This information must be updated and make reference, at least, in the last five years.
e) Contractual modifications, extensions of contracts, canceled bids and early resolutions.
f) The data of the public register of contracts and of the official register of bidders and classified companies.
g) The agreements and interpretative criteria of the consultative contracting bodies.
h) An anonymized relation of the most frequent questions and answers in the consultations regarding the contracting.
i) The resolutions of the special resources, the issues of nullity and the final judicial decisions regarding the recruitment, as well as the acts of withdrawal, resignation and resolution of contracts.
2. The information regarding public procurement must consist of a different area of the Transparency Portal, configured as an electronic platform for specific advertising in this field.
3. The Public Administration must constantly and up-to-date publicize statistical data on the percentages and the budgetary volume of the contracts awarded in accordance with each of the procedures established by the legislation of public sector contracts. It must also publicize the budget volume contracted by the various awardees in the last five years.
4. In the contracts for the management of public services and the concession of public works, the following data must be made public to facilitate the knowledge to the users:
a) The conditions and obligations assumed by the managers in relation to the quality, the access to the service and the requirements of provision of the service.
b) The rights and duties of the users.
c) The powers of inspection, control and sanction that the Administration can exercise in relation to the provision of the service.
d) The procedure for making complaints or claims.
1. Transparency in the field of collaboration agreements is applicable to all agreements and management orders subscribed between obligated subjects and private and public persons.
2. Public information regarding collaboration agreements must include, at least:
a) The relationship of the current agreements, with the indication of the date, the parties that sign them, the object, the rights and the obligations of any type that they generate and the period of validity.
b) Possible modifications to any of the parameters referred to in letter a , and the date and manner in which they were produced.
c) Information regarding compliance and enforcement of the agreements.
3. The obligations of publicity established by this article must be made effective through the Registry of collaboration and cooperation agreements of the Generalitat, which must be integrated in the Portal of Transparency.
1. Information regarding subsidies and public aid that the obligated subjects must make public in application of the principle of transparency must include:
a) An updated list of subsidies and other grants that the obligated subjects intend to convene during the budget year, indicating the object or purpose and the description of the conditions to be beneficiary.
b) The objectives, for purposes of public or social use, that seeks to obtain the subsidy or the aid and the effects that the measure of promotion can produce in the market, where appropriate.
c) Grants and public grants awarded, indicating the amount, the object and the beneficiaries. This information must include the subsidies and the grants, must be updated and must refer to the last five years. It must also include the grants and grants awarded without publicity and concurrence if these requirements have been excluded, in the cases legally established. In the case of subsidies and public grants granted for reasons of social vulnerability, the identity of the beneficiaries must be preserved.
d) The information regarding the financial control of the subsidies and the public grants granted.
e) The justification or retention of accounts by the beneficiaries of the subsidy or aid granted.
2. The regulatory bases for the granting of subsidies and public grants that can be granted for an amount greater than 10,000 euros must include the obligation of the beneficiaries, if they are legal entities, to communicate to the obligated subjects the information regarding the remuneration of their management or administration bodies, for the purpose of making them public. In the legal cases in which a process of concurrence is not applied to grant subsidies or aid, this obligation must be included in the corresponding act or agreement.
1. The obligated subjects must provide people with access to public information in a reusable format, in order to improve transparency, generate value for society and promote interoperability between administrations, within the limits established by the regulations on Reuse of public sector information.
2. Public information may be reused with any legitimate objective, especially the reproduction and disclosure by any means of data subject to public information and the creation of value-added information products or services based on these data.
1. The reuse of public information is free and is not subject to restrictions, except in cases where, by regulatory means, it is subject to the obtaining of a license of recognition of creative commons , Other rights or legal assets, or the previous request of the interested party.
2. The Transparency Portal must specify the type of reuse applicable to the information it contains, and it must also include a legal notice on the conditions of reuse.
3. The content of the reused information will not be altered in the reuse process or its meaning is denatured, as well as the source of the data and indicate the date of the last update.
1. People have the right to access public information, referred to in article 2.b, individually or in the name and representation of any legally constituted legal entity.
2. The exercise of this right is not subject to the concurrence of a personal interest, it is not subject to motivation and does not require the invocation of any norm.
3. The right of access to public information may be exercised after the age of sixteen.
1. The right of access to public information includes any form or support in which this information has been prepared or preserved.
2. The public administrations must adopt the organizational measures necessary to guarantee the fulfillment of the right of access to public information, in accordance with the provisions of this title.
3. The public administrations, with the same purpose referred to in section 2, must establish an integrated document, information and data management system that permits interoperability between administrations, the location of any document or information and Automatic linking of each document or set of data to your access and advertising system.
1. The right of access to public information is guaranteed to all persons, in accordance with the provisions of this law. The right of access to public information can only be denied or restricted by the causes expressly established by law.
2. The legal limitations to the right of access to public information must be applied in accordance with their purpose, taking into account the circumstances of each specific case, must always be interpreted restrictively for the benefit of this right and they can not be extended by analogy.
3. In order to apply limits to the right of access to public information, the Administration does not have discretionary power and must indicate in each case the reasons that justify it. In the motivation it is necessary to specify the limit that is applied and duly reason the reasons that base the application.
4. The limits to the right of access to public information shall be applied in accordance with the principles of equality and prohibition of arbitrary nature.
5. The right of access to public information is guaranteed in accordance with the provisions of this law, and specifically through the instruments established in chapter IV of this title.
1. The right of access to public information may be denied or restricted if the knowledge or disclosure of information is detrimental to:
a) Public safety.
b) The investigation or the sanction of the criminal, administrative or disciplinary infractions.
c) The secret or confidentiality in the procedures processed by the public Administration, if the secret or confidentiality are established by a rule with a legal rank.
d) The principle of equality of the parties in judicial processes or effective judicial protection.
e) The rights of minors.
f) Privacy and other legitimate private rights.
g) Professional secrecy and intellectual and industrial property rights.
2. The right of access to public information may also be denied or restricted if the information is protected and that is expressly established by a rule with a legal status.
3. It has the condition of being protected, in all cases, information regarding minors whose knowledge or disclosure may condition the free development of their personality in the future. Access to information may be denied in this case, unless anonymous nature can be guaranteed, and without prejudice to the provisions of the following articles.
1. The limits applied to the right of access to public information must be proportional to the object and the purpose of protection. The application of these limits must meet the circumstances of each specific case, especially the concurrence of a higher public or private interest justifying access to information.
2. The limits of the right of access to public information are temporary if established by law that regulates them, and they remain as long as the reasons that justify the application remain.
Requests for access to public information must be denied if the information you want to obtain contains specially protected personal information, such as those related to ideology, trade union membership, religion, beliefs, racial origin, health and sex life, and also those related to the commission of criminal or administrative infractions that do not imply public warning to the offender, unless the affected party expressly consent by means of a letter that must accompany the request.
1. Access to public information must be given if it is information directly related to the organization, operation or public activity of the Administration that contains personal data merely identifying unless, exceptionally, in the case The prevailing protection of personal data or other constitutionally protected rights must prevail.
2. If it is another information that contains personal data not included in article 23, access to the information may be granted, with the previous reasoned reasoning of the public interest in the disclosure and the rights of the people affected. In order to carry out this weighting, the following circumstances must be taken into account, among others:
a) The time elapsed.
b) The purpose of access, especially if it has a historical, statistical or scientific purpose, and the guarantees that are offered.
c) The fact that it is data related to minors.
d) The fact that it can affect the safety of people.
3. Requests for access to public information that refer only to the applicant’s personal data must be resolved in accordance with the regulation of the right of access established by the legislation for the protection of personal data staff
1. If any of the access limits to public information established by the preceding articles is applicable, the access refusal only affects the corresponding part of the documentation, and restricted access to the rest of the data
2. If the access restriction or the partial concealment of data impedes the understanding of the information, the interested party can request an audience to the Administration to clarify their interpretation. The Administration may provide the necessary contextual clarifications as long as they do not disclose the information that has been legally hidden.
3. In the case of partial access to public information, the Administration must guarantee, by the most appropriate means, the reservation of the information affected by the legal limitations.
1. Requests for access to public information can be done by any means that allows to have proof of:
a) The identity of the applicant.
b) The precise information to which you want to have access, without needing to indicate any specific documents or files.
c) The form or format in which you prefer to have access to the information.
d) A contact address, preferably electronic, that serves for communications between the applicant and the Administration.
2. The applicant may set out, on a optional basis, the reasons that justify the exercise of the right of access to public information. Absence of motivation can not in any case be a cause for refusing the application.
1. Requests for access to public information may be submitted by any means, including electronic, as long as they allow proof of the requirements referred to in article 26.
2. Applications submitted by electronic means must be processed using the electronic signature, through a simple and easily accessible electronic form that the Portal of Transparency must make available to citizens, or by any other means that is established by regulation.
3. The requests must be directed to the entity or the administrative body that has the information. If the request for information is addressed to an organ that does not have it available or is generally addressed to an administration, the provisions of article 30 apply.
4. The Administration must establish systems to integrate the management of requests for information in the field of its internal organization.
5. Once the application has been submitted, the applicant must notify the reception of the request indicating the day of reception, the body responsible for resolving it, the maximum date for resolving and the person responsible for the procedure.
1. If a request for access to public information has been formulated in inaccurate or too generic terms, the Administration must notify the applicant and ask him to specify the information to which he or she wishes to access . This procedure suspends the deadline for resolving.
2. The Administration must provide advice and assistance to the applicant so that it can specify the petition referred to in section 1.
3. If the applicant does not comply with the procedure referred to in section 1 within the established deadline, which may not be less than ten days, it is considered that he has withdrawn from the procedure and the file must be filed , provided that the Administration has made available to citizens the right tools for the search of information.
4. Filing of the application file for access to public information does not exclude the right to submit a new application that meets the requirements established by this law.
1. Requests for access to public information are not admissible in the following cases:
a) If they request notes, drafts, abstracts, opinions or any internal work document without relevance or public interest.
b) If to obtain the information they request, a complex task of elaboration or re-elaboration is required. In this case, the information can be broken down, with the previous audience of the applicant.
c) If the information they request is in the process of being prepared and must be made public, in accordance with the obligations of transparency of Title II, within a period of three months.
2. Requests for information consisted of legal inquiries or requests for reports or opinions, notwithstanding the cases of consultation or guidance established by the general legislation of administrative procedure and by the sectoral laws that are requested of in accordance with the corresponding regulations.
3. The admission of applications must be motivated and communicated to the applicant.
1. In the event that the request for access to information is directed to an administrative entity or body that does not have the information, it must be referred to the entity or the body that has it, if He or she knows, or in the office responsible for the public information that corresponds, within fifteen calendar days, and inform the applicant to which body the request has been derived and the data to contact.
2. If the entity or the competent administrative body belongs or depends on a different administration to which the request was addressed, the applicant must be informed, by electronic means if possible , and indicate the Administration to which the request has been derived so that it can exercise the right of access to public information.
1. If the request for public information may affect rights or interests of third parties, in accordance with the provisions of this law, in the event that the affected parties are identified or easily identifiable, they must be transferred from the request, and have a period of ten days to file claims if these may be determinants of the meaning of the resolution.
2. The process of allegations referred to in section 1 suspends the deadline for resolving it.
3. The transfer of the request must indicate the reasons for the request, if they have been expressed, but it is not obligatory to disclose the identity of the applicant.
4. The applicant must inform the transfer of the request to third parties and the suspension of the deadline for issuing a resolution until the allegations have been received or the deadline for presenting them has elapsed. them
The competence to resolve requests for access to public information corresponds to:
a) In the case of applications addressed to the Administration of the Generalitat, to the higher hierarchical organs of the services or units that have the information, in accordance with the provisions of the regulatory regulations of the administrative organization.
b) In the case of applications addressed to the local Administration, the bodies that determine their own organizational rules and, if there is none, the mayor or the president, or the body in which they delegate .
c) In the case of applications addressed to autonomous bodies, public law entities, public societies and foundations, consortia and public universities, to their governing and governing body.
d) In the case of applications addressed to other institutions and bodies referred to in article 3.1, to their representative or management bodies.
1. Requests for access to public information must be resolved within a period of one month, from the day following receipt of the request.
2. The term referred to in section 1 may be extended, if justified by the volume or complexity of the information required, up to a term equal to half the initial. The extension and the causes that motivate it must be communicated to the interested party.
3. Within the term referred to in this article, the application must be resolved and the resolution notified to the interested party.
4. The term referred to in this article may only be suspended in the cases expressly established by this law and by the general legislation on the legal system and administrative procedure.
1. The resolution must be formalized in writing and the applicant and, where appropriate, notified to the affected third parties who have appeared in the file must be notified. If the request for information has been made electronically, notification of the resolution may also be made by electronic means.
2. The resolution must be an estimate of the request, unless one of the limits established by this law is applicable. In the latter case, you must partially estimate the request, if possible, or reject it in its entirety.
3. If the resolution is estimative of the application and there has been opposition from third parties, access to information can only be effective once the deadline for lodging an administrative appeal has been lodged without it being formalized or, in case there has been This appeal has been filed, if it has not been accompanied by a request for precautionary measures of suspension or this incident has been resolved while maintaining the execution of the administrative act.
4. The following resolutions must be motivated:
a) Those who totally or partially dismiss the application.
b) Those that deem the request in spite of the opposition of third parties.
c) Those that establish as a form of access to the information a format different from the one requested.
5. Exceptionally, it is not mandatory that the resolutions be motivated if the mere indication of the existence or not of the data may entail incurring any of the limitations of the right of access to public information. In this case, the resolution must state this circumstance.
6. If the access to the public information is denied as a result of the application of the limits derived from the protection of the intellectual or industrial property rights, the motivation of the resolution must include the reference to the titular person of these rights, if known.
7. The notification of the resolution must indicate the specific channels of appeal and claim established by this law.
8. If the application is considered and there has been no opposition from third parties, the resolution can be replaced by a communication stating that the interested party can access the information, or they can be provide the data directly.
1. If the Administration does not resolve and notify within the established deadline, the request is deemed estimated, unless a rule with a legal status expressly establishes a total or partial disregard effect in relation to a certain information.
2. The right of access can not be acquired by administrative silence if it concurs any of the limits established by this or other laws to have access to the public information.
3. In the case of administrative silence, the Administration is obligated to facilitate access to public information within the term established by article 36, from the moment the applicant requests it.
4. The refusal of access to the information having produced administrative silence estimator can lead to the requirement of responsibility, in accordance with the provisions of title VII.
1. If a request is considered in full or in part, the competent body must provide the information to the interested party, in the format in which he has requested, within thirty days.
2. The Administration may provide the information in a format other than the one requested in the following cases:
a) If there is a cheaper alternative, as long as it does not make it difficult for the applicant to access the data.
b) If the information has already been disseminated or provisionally published in another format and can be easily accessed. In this case, the information source must be indicated to the applicant.
c) If it is considered reasonable to use a format different from the request, as long as it is justified.
d) If the format in which the information was requested may result in the loss of the support that contains it or it can be damaged.
e) If technically it is not possible to make a copy in the format in which the information was requested.
f) If the format in which the information was requested may affect intellectual property rights.
3. The estimation resolutions must include the consideration that the information can be provided in a format other than the one requested, in accordance with the one established in section 2, and indicate the possible alternative formats.
1. Access to public information is free if the data is consulted in the place where they are deposited, or if they exist in electronic format, in which case they must be delivered by electronic mail.
2. The issue of copies and the transposition to formats different from the original may be subject to an economic consideration, which can not exceed the cost of the transaction.
The express or presumed resolutions issued in accordance with the provisions of this title may be the subject of a potential appeal for reversal before the body that issued them.
1. Resolutions that are express or presumed in terms of access to public information and, where appropriate, those that resolve the appeal for reversal may be subject to a free and voluntary claim before the Public Access to Information Guarantee Commission , in charge of ensuring compliance and guarantees of the right of access to the public information regulated by this title.
2. The Commission must fulfill its functions with full organic and functional independence, without subjection to hierarchical instructions of any kind.
3. The Commission must carry out its functions through acts and agreements of a technical and legal nature, which in no case can be motivated by criteria of opportunity or convenience.
1. The Legal Accessibility Guarantee Commission is made up of a minimum of three members and a maximum of five, appointed by a majority of three fifths of the Members of the Parliament of Catalonia, between persons who prove that they comply with the requirements established by this article.
2. For the purpose of what is established in section 1, before being nominated, the candidates must appear before the corresponding parliamentary committee so that they can evaluate them in relation to the conditions required for the position.
3. The members of the Commission must be specialized lawyers in public and technical law in the matter of archives or documentary management, chosen between experts of recognized prestige and prestige and with more than ten years of professional experience.
4. The members of the Commission shall be in charge of the exclusive dedication and the rules on incompatibilities of the staff at the service of public administrations shall apply. Their remuneration must be set annually in the Law on Budgets of Catalonia.
1. The Commission for the Guarantee of the Right to Access to Public Information must be assigned to the department of the Generalitat that the Government determines by decree. The Government must provide the Commission with the personal and material resources necessary for the performance of its functions, always respecting its organic and functional independence.
2. The organization and operation of the Commission must be established by regulation. The Government must submit the project to Parliament before approving it by decree, in accordance with the provisions of article 149 of Parliament’s Rules of Procedure. Parliament must give its opinion on the proposal submitted by the Government and, where appropriate, may make recommendations in relation to the text. The recommendations regarding the guarantee of the Organic and functional independence of the Commission are binding on the Government.
1. The claims referred to in article 39.1 shall be lodged within one month from the notification of the resolution, at the moment when the deadline for resolving the case has expired. Article 35.2 or, where applicable, the dismissal of the replacement appeal.
2. Complaints can be processed through a mediation procedure or an ordinary procedure with resolution.
3. In the case of claims in which the denial of access to public information has occurred due to reasons derived from the rights of third parties, the corresponding claim must be transferred from third parties so that they can participate in the procedure.
4. The Guarantee Commission for the Right to Access to Public Information must inform the affected parties about the mediation procedure. The Administration can not oppose the application of this procedure if the other parties accept it. The mediation procedure suspends the deadline for resolving it.
5. The agreement arising from the mediation must be approved by the claimant, by the affected Administration and, where appropriate, by the third parties that have appeared in the procedure. This agreement ends the procedure and in no case can it be contrary to the legal system.
6. If the mediation is not accepted or an agreement is not reached within a period of one month after it has been accepted, the claim must be processed through a procedure with a resolution of the Commission, d in accordance with the regulations governing administrative resources.
7. The Commission, ex officio or at the request of a party, may request the reports or data that it considers necessary to facilitate the mediation procedure or to substantiate the resolution.
8. If the refusal is based on the protection of personal data, the Commission must request a report from the Catalan Data Protection Authority, which must be issued within a period of fifteen days.
9. If within a period of two months from the filing of the complaint, the resolution has not been issued and notified, this can be deemed dismissed. This period may be extended by the Commission up to a maximum of fifteen days, in the event that use has been made of what is established in sections 7 and 8, which must be notified to all parties before it ends the deadline to solve.
10. The resolutions of the Commission put an end to the administrative procedure and can be challenged before the contentious administrative jurisdiction.
1. If an agreement is reached in the mediation procedure, it must establish the compliance period and, where appropriate, the conditions under which access to public information must be carried out.
2. If the Administration does not comply with the agreement referred to in section 1 within the established deadline, the interested party can notify the Guarantee Commission of the Right to Access to Public Information for it to require compliance .
3. The inattention of the requirement referred to in section 2 may give rise to the requirement of liability, in accordance with the provisions of Title VII.
4. The provisions established by the preceding sections are also applicable to resolutions issued by the Commission that recognize the right of access to public information.
5. The Administration must communicate to the Commission the actions taken to execute the mediation agreements and to comply with the resolutions issued by the Commission.
1. The resolutions of the Guarantee Commission on the Right to Access to Public Information shall be published on the Commission’s website, with the dissociation prior to personal data, and shall indicate resolutions that establish general criteria for the resolution of future applications.
2. The Guarantee of the Right to Access to Public Information Commission shall draw up an annual report of its activities, which must be submitted to Parliament and to the evaluating body referred to in Title VIII.
1. The Registry of interest groups must be public, and the data contained therein must be available through the system of transparency established by this law.
2. The establishment and operation of the Registry must respect the principles of proportionality, equality and non-discrimination.
3. The creation of the Registry can not prevent or restrict the exercise of the rights legally corresponding to the authorities or public offices or those that are inherent in the parliamentary mandate or elected office.
1. They must register in the register of interest groups:
a) Persons and organizations that, irrespective of their legal form or status, in their own interest, other people or organizations carry out activities that can influence the development of laws, rules with a legal status or general provisions or in the elaboration and application of public policies.
b) Platforms, networks or other forms of collective activity that, although not having legal personality, constitute a source of organized influence and carry out activities included in the scope of application of the Registry.
2. The scope of application of the Registry includes all the activities carried out in order to influence directly or indirectly in the processes of elaboration or application of the policies and the decision making, regardless of the channel or means used , including contacts with public authorities and positions, deputies, officials and staff at the service of the institutions, as well as voluntary contributions and participation in official consultations on legislative proposals, regulations, legal acts or other queries.
The activities related to the provision of legal or professional advice related directly to defend the interests affected by administrative procedures, those aimed at informing a client about a general legal situation, conciliation or mediation activities, are excluded from the Register of interest groups carried out in the framework of the law, or the advisory activities carried out for informational purposes for the exercise of rights or initiatives established by the legal system.
1. The Register of interest groups must include:
a) A relationship, sorted by categories, of people and organizations that act with the purpose of influencing the development and application of public policies, and the headquarters of their organization.
b) The information that must be provided by the people and organizations referred to in the letter to , especially in relation to the activities they carry out, to their area of interest and to their financing.
c) A code of common conduct.
d) The control and control system, which must establish the applicable complaint mechanisms in the case of non-compliance with the provisions of this law or the code of conduct referred to in letter c .
2. The Registry must publicize the actions of the interest groups, especially of meetings and hearings held with authorities, public offices, elected members or deputies, and of communications, reports and other contributions in relation to the subjects treated
1. Registration in the Register of interest groups entails the following obligations:
a) Accept that the information provided be made public.
b) Ensure that the information provided is complete, correct and reliable.
c) Fulfill the code of conduct.
d) Accept the application of the control and control system and the corresponding measures, in the case of non-compliance with the code of conduct or established by this law.
2. The declarants must inform the institutions of the activities they carry out, of the clients, people or organizations for which they work and of the economic amounts they receive, where appropriate, and the expenses related to their activity as a group of interest
The code of conduct referred to in article 49.1. c must include, at least:
a) The name and the data of the declaring party that subscribes it.
b) The entity or organization that represents or for which the declarant works, and the interests, objectives or purposes pursued by his clients.
c) The declarant’s commitment not to obtain or attempt to obtain the information or to influence decision-making in a dishonest manner.
d) The declarant’s commitment to provide up-to-date and non-deceptive information at the time of registration in the Registry and to keep it up to date.
e) The commitment not to incite, by any means, authorities, public offices, deputies or civil servants to violate the law or the rules of behavior established by the code of conduct.
f) The commitment to accept and fulfill the measures adopted in the case of breach of the obligations established by this law or by the code of conduct.
1. Failure to comply with the obligations established by this law or by the code of conduct may result in the temporary suspension of registration in the Register of interest groups or, if the breach is serious, the cancellation of the inscription
2. The suspension and cancellation of the registration in the Register entail denial of access to the offices and services of the institutions and public bodies of the affected persons and, where appropriate, of the organizations to which they belong and the publication of the sanction in the Registry.
3. Any person is legitimized to file a material-based complaint if he suspects that people or organizations included in this title violate the obligations established by the Law or by the code of conduct.
4. The procedure for processing complaints and investigations must be carried out by those responsible for the Registry and must guarantee the hearing of the affected party.
The classification of the people and organizations that must be registered in the Registry of interest groups, the information required to the respondents, the detailed content of the code of conduct and the procedure for investigation and processing of complaints must to be regulated by regulation.
1. The provisions of this chapter are applicable to senior officials of the Administration of the Generalitat, the local Administration and other public bodies and institutions included in article 3.1.
2. For the purposes of this title, the persons determined by article 4.2 shall be considered as senior officials.
1. High-ranking officials must act in accordance with the following ethical principles and rules of conduct:
a) Respect for the Constitution, the Statute of Autonomy and the principle of legality.
b) Respect and protection of fundamental rights and public freedoms and statutory rights.
c) The transparency of the official activities, of the acts and decisions related to the management of the public affairs that they have entrusted and of their official agenda, for the purposes of publicity of the Registry of interest groups, established by title IV.
d) The impartiality in the decision making, with guarantee of the necessary conditions for an independent action and not conditioned by conflicts of interests.
e) The equal treatment of all people, avoiding any type of discrimination and arbitrariness in the decision making.
f) Adjustment of the management and application of public resources to the budgetary legality and the purposes for which they were conceived.
g) Accountability and responsibility for their own actions and of the governing bodies.
h) The exercise of the position with absolute dedication, in accordance with that established in the legislation on incompatibilities.
i) Exercise of the position to the exclusive benefit of the public interests, without carrying out any activity that may enter into conflict.
j) The use of the information to which they have access due to the charge for the benefit of the public interest, without obtaining any advantage of their own or for a third party.
k) The general and direct commitment for the quality of the services under their responsibility and the fulfillment of the rights of the users.
l) Good faith.
m) The exclusion of any gift of value, favor or service that may be offered by reason of the position or that may compromise the execution of their functions.
n) The duty to refrain from intervening in the matters of their competence when there is one of the suppositions of abstention established by the Law.
o) Maintain due reservations regarding known facts or information due to the exercise of their powers.
2. The administrations and agencies included in the scope of application of this law must include the ethical principles and rules of conduct in the contract clauses and in the bases for the call for subsidies or grants. which have to adapt the activity to the contractors and the beneficiaries, and must determine the effects of a possible breach of these principles.
3. The Government, the local authorities and other public institutions and institutions included in article 3.1 must draw up a code of conduct for their senior positions that will specify and develop the principles of action referred to in paragraph 1 , establish other additional ones, if necessary, and determine the consequences of not complying with them, without prejudice to the sanctioning regime established by this law.
1. High officials are subject to the regime of incompatibilities and to the obligations to declare activities, assets and interests established by specific legislation.
2. The Register of declarations of activities is public. Access to the records of declarations of property and interest assets is governed by their specific regulations, without prejudice to which a statement must be published indicating the estate situation of the senior executives, which has not ‘include location data or those necessary to safeguard the privacy and security of the owners.
1. The Administration, the public institutions and the bodies included in article 3.1 must make known the criteria according to which a person is designated to hold a high position. To this end, they must make the curriculum public with the professional and technical merits of the person named.
2. The appointments of high positions must be carried out according to criteria of professional competence, among people with qualification and experience in positions of responsibility in public or private management.
People have the right to a good Administration, and to the access and use of public services of recognized quality, in general, by the legislation of the legal system and procedure of the public administrations of Catalonia and, specifically, by the regulatory laws of the various public activities.
1. The Public Administration must guarantee that the services of its competence are provided in minimum and reasonable conditions of quality, and must include letters of service in the regulatory framework of basic public services, which must be established , at least:
a) The organization and the way of service management.
b) The identification of those responsible for the management.
c) The minimum quality standards for the service broken down, where appropriate, by categories of benefits, and the indicators and the instruments to evaluate the application.
d) The conditions of access.
e) The rights and obligations of users.
f) The applicable economic regime, indicating the rates and public prices that may be applicable, if applicable.
g) Usable channels of claim.
h) Usable channels so that users can obtain information and guidance regarding the public service.
2. Service letters are regulatory in nature. The content of the service letters is binding for the Administration and the users, and may be invoked as a matter of appeal or claim.
3. In the scope of the Administration of the Generalitat, the letters of services must be approved by decree of the Government or by order of the holder of the corresponding department. Regional councils, large municipalities and vegueria councils should approve the letters of the municipal competition services that they manage, in accordance with the provisions of local law legislation.
1. Users have the right to be periodically and regularly consulted on their degree of satisfaction with regard to public services and activities managed by the public Administration.
2. The Administration responsible for the service subject to consultation must establish the indicators according to which the surveys and the periodicity of the consultations must be elaborated.
3. The consultations referred to in this article must be made preferably to the users of the service, without prejudice to the general scope of the basic services, always guaranteeing the anonymity of the participants.
4. The tool that should be used in general to carry out the survey referred to in this article and to receive user opinions is the Portal of Transparency. To this end, the Portal must contain a specific space, which must be publicized in general and, specifically, to the centers and spaces where the service is provided. The Portal of Transparency must publish the results of the surveys.
1. Citizens have the right to make proposals for action or improvement and suggestions regarding the operation of public services.
2. Proposals and suggestions can be made through the Portal of Transparency, with the corresponding interaction mechanism linked to the catalog of public services referred to in article 9.1. j , or by any other means that the citizens choose.
3. The Public Administration must publicize anonymously the proposals and suggestions received, and must recognize and make public the citizen initiatives whose implementation entails a substantial improvement of the public services.
1. The Public Administration must exercise the normative initiative so that the resultant normative frame is predictable, as stable as possible and easy to know and understand for the citizens and the social agents.
2. The normative initiative should only be promoted if there is a cause of general interest that justifies it.
3. The normative initiatives must refer to purposes or homogeneous materials sectors, and must be clear and consistent with the rest of the legal system.
4. The normative initiatives must give priority to the less restrictive measures for the rights of the people, whenever they allow to obtain the same result for the general interest.
5. The principles regulated by this article are applicable to the exercise of the regulatory power, to the norms with range of law approved by the Government and to the drafting of bills.
1. The public Administration must exercise the legislative initiative so that the approval of a new norm entails, as a general rule, a simplification of the legal system in force.
2. The Administration, in order to facilitate the knowledge of current law, must produce consolidated texts of the rules when they have been modified. The consolidated texts have an informative value and must clearly indicate their nature and what rules they consolidate.
1. The Public Administration, for the elaboration of the evaluation and impact reports that the regulations may produce, should use the most appropriate analysis tools to evaluate the effects of the new regulation and prevent it from being Generate unnecessary or disproportionate obligations or expenses with respect to the general interest objectives that are intended to be achieved.
2. The Public Administration must develop mechanisms to evaluate the application of the regulations, in order to verify the degree of fulfillment, the need and the actuality and, where appropriate, the advisability of modifying them for a reason of new economic or social overdue needs.
3. Participation of citizens must be guaranteed in the preparation of the evaluation and impact reports, as well as in the process to evaluate the application of the regulations.
4. The public Administration can promote pilot tests prior to the approval of the new regulatory measures to verify its suitability. These pilot tests must be applied through agreements signed with the representative entities of the sectors affected, with the effects and conditions that determine the agreement.
1. The open government is based on the following principles:
a) The permanent dialogue between the Public Administration and the citizens.
b) Public decision making taking into account the needs and preferences manifested by the citizens.
c) Participation and citizen collaboration in the definition of the most relevant public policies, of a general and sectoral nature.
d) Transparency and public information as a reference framework to make the open government effective.
e) The continuous improvement of the quality of the services.
f) The permanent evaluation of the administrative management and the processes of participation, through objective indicators in whose establishment the participation of independent experts and of the citizens must be guaranteed.
g) The retention of accounts and the assumption of responsibility before the citizens derived from the decisions adopted.
2. The public Administration must promote the open government through mechanisms and instruments that allow the interaction with the citizens, preferably with the use of electronic means and the technologies of the information and the communication.
1. Citizens can intervene, individually or collectively, through entities of a representative nature, in the definition and application of public policies.
2. The Public Administration must promote civic participation and collaboration in public decision-making and in monitoring and evaluating the application of these decisions.
3. The instruments and forms of citizen participation and collaboration must be made known through the Portal of Transparency and other broadcast channels in order to allow as broad a knowledge as possible.
4. The instruments of participation and collaboration must be addressed to the general public, and the Administration must make available the relevant training tools so that it can control its use. They can also be used for the sectors of citizenship and entities directly affected by public policies.
1. The open government allows citizens and entities, in general, to send public, proposals, suggestions and opinions on any matter in which it is competent. The Administration has the obligation to give them a motivated response.
2. The Public Administration must establish citizen participation and collaboration procedures in the elaboration of plans and programs of a general nature and in the definition of the most relevant public policies.
3. In the cases referred to in section 2, the Administration must fulfill the following obligations:
a) Provide information, sufficiently in advance, on proposals submitted for the consideration of citizens.
b) Provide in an adequate, systematic and comprehensible manner the information related to the proposals that is necessary in order to be able to properly assess them.
c) Assess the outcome of the participatory process at the time of decision making.
d) Inform the citizens that have participated in the process about the decisions taken and the reasons that justify them.
4. The following actions are excluded from the scope of sections 2 and 3:
a) Those that are processed or approved as a matter of urgency.
b) Those whose objective is public safety.
c) Those that can give rise to the application of the limits of access to the public information established by this law.
Citizen participation and collaboration procedures are those established, in general, by the legislation of the legal system and administrative procedure, by the legislation of the local regime and by the regulations on citizen participation, notwithstanding those that may be established by law , with specific character, in relation to a certain action or political decision.
1. People have the right to participate, through the presentation of proposals and suggestions, in the regulatory initiatives promoted by the Public Administration. This right may be exercised in relation to the normative initiatives in which, due to their importance or the subject they regulate, the Public Administration considers it appropriate to open this participatory process from the beginning of the administrative procedure process.
2. The organs responsible for processing the administrative procedure, in order to facilitate citizen participation, have to publish in the Portal de la Transparencia the initiation of the procedure, the initial version of the normative project and the complementary documentation that accompanies it, and must give information about the status of the procedure. Whenever possible, citizen participation must be encouraged by means of communication to the representative entities of the groups directly affected by the initiative.
3. People may submit their proposals and suggestions in relation to the corresponding regulatory initiatives before the hearing and public information process. The mere fact of participating in a regulatory initiative does not give citizens the status of interested parties, but the Administration must make a general assessment of the contributions, which must be published in the Portal of Transparency.
4. The provisions of this article are understood without prejudice to the procedures for public hearings and information determined by the legislation of the legal system and of administrative procedure and the legislation of the local regime.
1. Legitimate persons to promote the popular legislative initiative have the right to present to the public Administration proposals of normative initiative of a regulatory nature.
2. The proposals must refer in their entirety to the powers of the public Administration to which they are addressed, and can not correspond to matters excluded by the law of the popular legislative initiative.
3. Proposals must meet the requirements established by regulation and have the support of at least fifteen thousand signatures for the initiatives presented to the Administration of the Generalitat. Those that appear before the local Administration are governed by their specific legislation.
4. The competent body to initiate the administrative procedure must evaluate the proposal regarding the necessity of the norm, the costs that would entail, the opportunity of the regulation for the public interest and the effects that it would produce on the sector and the interests concerned, and must take a decision within three months. If this resolution is not adopted and the resolution is notified, the proposal must be dismissed for administrative silence.
5. The resolution must set out the reasons why the proposal is accepted or rejected, and it must be communicated to the proposers.
6. The decision on the proposal can only be the object of an appeal based on the violation of the regulated elements applicable to the exercise of the right, but not on the opportunity of the decision to initiate or not the process of the initiative .
1. Against the acts of the public Administration that violate the rights recognized by this law the administrative resources established by the legislation of Catalonia can be interposed on legal regime and administrative procedure and by the local legislation applicable to the local entities.
2. Resources may also be lodged against omissions attributable to the Public Administration that entail non-compliance with the obligations established by this law. For the purpose of appeal, the omission is charged to the body responsible for compliance with the obligation.
3. High-level resources, in the case of acts or omissions attributable to bodies that, by their nature, do not end the administrative channel, must be lodged before the head of the department responsible for Administration public
4. Against the acts that put an end to the administrative channel or that resolve the administrative resources can be lodged an administrative appeal, in accordance with the one that establishes the regulatory legislation of the contentious administrative jurisdiction.
1. The express or presumed resolutions issued in relation to the right of access to public information may be subject to a claim, in the terms established in Chapter IV of Title III.
2. The acts dictated by the Guarantee Commission of the Right to Access to Public Information are challengable in administrative litigation.
1. Against the acts and omissions of the entities and bodies of public law, the public companies and foundations and consortiums referred to in article 3.1.b carried out in the exercise of public functions or subject to administrative supervision, is You can make a claim directly before the competent body under whose authority the activity is exercised.
2. The claim must be resolved and notified within three months, and the resolution exhausts the administrative channel.
3. In the event of acts or omissions that affect the right of access to public information, the provisions of Chapter IV of Title III shall apply.
1. Against the acts and omissions of the institutions and organisms included in article 3.1. b and c , except as referred to in article 73, the resources or claims that determine their respective regulatory regulations may be lodged.
2. If the regulations referred to in section 1 do not determine this, a complaint can be filed with the higher body responsible for the institution or body and, once this route has been exhausted, a contentious administrative appeal in agreement with the one that establishes the regulatory law of the contentious administrative jurisdiction. The deadline to formulate the initial claim and to resolve it is the one that establishes the legislation of legal regime and of administrative procedure for the resource of height.
3. In the case of acts or omissions that affect the right of access to public information, the system of guarantees established by chapter IV of Title III can be applied if the institutions and bodies referred to in this article and the Guarantee Commission for the Right to Access to Public Information establish this by agreement.
1. The Sindic de Greuges, the Audit Office and the Anti-Fraud Office of Catalonia must ensure compliance with the obligations and rights established by this law, in accordance with the functions assigned to them.
2. Without prejudice to the resources and claims that may be filed against the express or presumed acts that impede or limit, totally or partially, the rights recognized by this law or omissions caused by obligations established by the public Administration, the Affected persons can address a complaint to the Síndic de Greuges or contact the Anti-Fraud Office of Catalonia, in accordance with the provisions of the regulatory laws of these institutions.
3. The intervention of the Síndic de Greuges or the Anti-Fraud Office does not suspend the deadlines for the filing of appeals or administrative administrative litigation or administrative claims.
1. Failure to comply with the duties and obligations established by this law by the persons responsible is the application of the sanctioning regime regulated by this chapter.
2. The sanctioning regime of this chapter does not apply if the facts can be a criminal offense or if, in accordance with the law, another regime of administrative or jurisdictional liability may be applicable, provided that Identity of subject and foundation is also given.
3. In everything that does not determine this chapter, the principles and general rules regarding the exercise of the sanctioning power and the sanctioning procedure, established by the basic legislation and by the legislation of the Generalitat regarding the legal regime and procedure, apply common administrative
1. There are very serious infringements in terms of transparency:
a) Failure to comply with the obligations and duties of publicity established by Chapters II and III of Title II, applying the limits referred to in Article 7 in a manifestly unjustified manner.
b) Failure, natural or legal persons, the obligations to which they remain subject in accordance with the provisions of articles 3.2 and 4.
2. There are very serious infringements in relation to the right of access to public information:
a) Give partial information, or omit or manipulate relevant information with the aim of influencing the formation of citizen opinion.
b) Deliberately prevent or hinder the access to the information in the case of estimative resolution and in the cases established by articles 35.1 and 43.
c) Provide information regarding the personal data included in article 23 without the express and written consent of the people affected.
d) Hide the existence of public information to prevent their knowledge and access.
3. There are very serious violations in terms of good governance:
a) Take decisions or take measures that are manifestly contrary to the Constitution or the Statute of Autonomy.
b) To commit acts or omissions that violate the essential content of public rights and freedoms.
c) Take decisions, carry out actions or commit omissions for discriminatory purposes, due to any personal or social circumstance.
d) Failure to comply publicly and express the functions inherent in the position.
e) Failure to comply with the ethical principles and rules of conduct referred to in article 55.2.
f) Failure, the people and organizations that have the status of interest groups, the obligations established by this law or the code of conduct that applies to them, in accordance with the provisions of Title IV.
1. It is a serious infringement in the field of transparency that violates, totally or partially, the duties and obligations established by Title II and those that expressly establish other laws, provided that the breach is not a very serious infringement.
2. There are serious infringements in relation to the right of access to public information:
a) Give incomplete or partial information, as long as it is not justified in order to make the right of access to public information compatible with other rights.
b) Provide intentionally information subject to the application of the limits established by this law, except those mentioned in article 77.2.c, to the detriment of third parties.
c) To omit the hearing process of the third parties affected by requests for access to public information, if the third parties are clearly identified.
d) Reject unexamined requests for access to public information.
e) Deliberately facilitate information in a format or conditions that impede or clearly impede comprehension.
f) To condition the access to the information to the payment of a consideration in the suppositions of free access.
g) Require a prior request or obtain a type license to re-use public information if this requirement is not enforceable.
h) Failure to comply with the established deadlines to facilitate the information requested without a legal cause that justifies it.
i) Do not resolve requests for access to information expressly and motivated within the mandatory time frame.
3. There are serious violations of good governance:
a) Adopt agreements that are manifestly contrary to the legal system with serious prejudice to the Administration, the interested parties or the citizens.
b) Adopt decisions or intervene in matters if there is a duty to abstain or if the legal circumstances of conflict of interest occur.
c) Not reporting on the criteria followed for the appointment of senior officials.
d) Failure to comply with the requirements established by the law for the appointment of senior officials.
e) Reject unprovoked proposals for regulatory initiatives that meet the legal requirements.
f) To commit acts or omissions that violate the fundamental rights and freedoms and the statutory rights, as long as they do not constitute a very serious violation in accordance with article 77.3.b.
g) Failure to comply with the principles of good conduct established by the laws and codes of conduct, provided they do not constitute a very serious offense.
4. There are serious breaches in the field of open government:
a) Provide partial or incomplete information on proposals submitted to the consideration of citizens, so that this may alter the meaning or outcome of the participatory process.
b) Provide the information with the will to make it difficult to understand or evaluate it.
c) Do not evaluate the result of the participatory process when making the final decision.
d) Do not apply mechanisms and open government instruments if they are mandatory by law.
5. It is a serious offense not to provide the Síndic de Greuges with the information requested in accordance with the provisions of article 93.3. It is understood that the information was not provided if it was not delivered within six months from the request made by the Catalan Ombudsman.
1. The acts and omissions that constitute negligence or negligence in the fulfillment of the obligations established by this law and in the attention of the citizens when they exercise the rights guaranteed by the norm are slight infractions.
2. The recidivism in the commission of minor infractions within two years implies the application of the sanctions established for the serious infractions.
3. It is a minor infraction to delay the sending of the information requested by the Síndic de Greuges in accordance with the provisions of article 93.3. It is understood that there is delay if the information was not delivered within three months from the request made by the Catalan Ombudsman.
1. They are responsible for the infractions typified by this chapter:
a) High positions and personnel at the service of the Administration and of the institutions and public bodies to which this law is applicable to which an action or omission classified as an offense is attributable, in accordance with the functions and competences that they are attributed.
b) The natural and legal persons referred to in article 77.1. b i 3. e i f .
2. The Guarantee of the Right to Access to Public Information Commission may issue reports in relation to the conflicts of powers that may arise for the purposes established in section 1, in accordance with the procedure established in the regulations of this organ.
1. The sanctions that can be applied to the high positions are the following:
a) For the commission of very serious infractions:
1st The dismissal of the office.
2nd A fine of between 6,001 and 12,000 euros.
3rd Loss of the compensatory pension to which they have right at the moment of ceasing to be in office.
4th. The disqualification to hold a high position for a period of between one year and five years.
b) For the commission of serious infractions:
1st The suspension of the exercise of the charge between three and six months.
2nd A fine of between 600 and 6,000 euros.
3rd The loss or reduction of up to fifty percent of the compensatory pension to which they may be entitled at the time of termination.
4th. The disqualification to hold a high position for a maximum period of one year.
c) For the commission of minor infractions:
1st The admonition
2nd The declaration of non-compliance with advertising.
2. For each infringement case one or more of the sanctions established by the corresponding letters of section 1 may be imposed. The criteria applicable to determine the scope of the sanction are those established by the legislation of the legal system and administrative procedure. The existence of damages for the public interest, the repercussion of behavior in the citizens and, where appropriate, the economic or property damages produced are also valued.
3. The sanctions established by sections 1 and 4 of letters a and b of section 1 are not applicable to high elected officials.
1. The sanctions applicable to personnel serving the public administrations for the commission of infractions established by this law are those established by the legislation of the public function in relation to disciplinary offenses.
2. If the supposition of an offense can be included in any of the disciplinary offenses established by the legislation of the public function, this latter legislation is applied.
1. In the case of breach of the obligations referred to in article 55.1. f , regarding the management and application of public resources, the regulations governing accounting liability and, where appropriate, the specific legislation regulating this matter is applicable.
2. Failure to comply with the regulations on incompatibilities or declarations made by senior officials at the service of the Generalitat is sanctioned in accordance with the specific regime established by the legislation on the incompatibility of senior officials.
1. The sanctions that can be applied to natural or legal persons that do not have the status of high positions or personnel at the service of public administrations are the following:
a) For the commission of very serious infractions:
1st A fine of between 6,001 and 12,000 euros.
2nd The suspension to be able to contract with the Administration, for a maximum period of six months.
3rd The disqualification to be beneficiaries of public aid, for a period between one year and five years.
4th. The final cancellation of the registration in the Register of interest groups.
b) For the commission of serious infractions:
1st A fine of between 600 and 6,000 euros.
2nd The disqualification to be beneficiaries of public aid, for a maximum period of one year.
3rd The suspension, for a maximum period of one year, of the registration in the Register of interest groups.
c) For the commission of minor infractions:
1st The admonition
2nd The declaration of non-compliance with advertising.
2. The criteria applicable to determine the scope of the sanction are those established by the legislation of the legal system and administrative procedure. The existence of damages for the public interest, the repercussion of behavior in the citizens and, where appropriate, the economic or property damages produced are also valued.
3. The competence to initiate, instruct and resolve the sanctioning file corresponds to the head of the department of the Generalitat competent in matters of public administration, the mayor or president of the local authority or the offices referred to in Article 86. e i f .
1. The sanctioning procedure applicable is established by the legislation on the legal system and procedure applicable to public administrations.
2. The sanctioning procedure for offenses established by this law may be initiated in accordance with the provisions of the regulations referred to in paragraph 1.
3. In the case of denunciation, the competent body must initiate the sanctioning procedure if the reported facts show minimally consistent or credible evidence of infringement.
They are competent to order the initiation of the sanctioning procedure:
a) The Government, in the case of senior positions with the status of members of the Government, the Secretary of Government, the Government spokesman and the Secretary General.
b) The head of the department responsible for Public Administration, in the case of other senior officials.
c) The mayor or the president of the local authorities or the plenary, in the case of high positions at the service of the local Administration.
d) The competent bodies in the field of public functions, in the case of personnel at the service of the Administration.
e) The rector, in the case of public universities.
f) Holders or collegiate governing bodies, in the case of the institutions and bodies referred to in article 3.1. b .
1. If, in the exercise of their functions, the Sindic de Greuges, the Sindicatura de Comptes or the Antifrau Office of Catalonia have knowledge of facts that can constitute an infraction classified as very serious or as serious by this law, They can urge the competent bodies referred to in article 86 to initiate the sanctioning procedure.
2. If the competent body decides not to initiate the procedure, the resolution must be express and motivated.
The competence to instruct the sanctioning procedure corresponds to the following bodies:
a) The body of the department responsible for public administration that is determined by regulation, in the case that the person responsible for the offense is a high position.
b) The organs that determine the legislation of the public function, in the case that the person responsible for the infringement is personal at the service of the Administration.
c) The corresponding body in accordance with the regulations of the local regime, in the case of infractions committed in the area of the local Administration.
d) The corresponding organs that are determined in the case of the institutions and bodies referred to in article 3.1. b i c .
1. The competent body to resolve the sanctioning procedures that affect the senior positions referred to in article 86. a is the Government.
2. In the case of other senior positions at the service of the Generalitat, the resolution of the file corresponds to a collegiate body integrated by the person in charge of the department responsible for Public Administration, a representative of the Legal Advisory Committee and two lawyers of recognized prestige appointed by the Parliament of Catalonia, not linked to any Administration or public institution, except for universities. This collegiate body is designated at the beginning of each legislature, exercises its functions during the legislature and until the new designation, and can request reports to the Legal Advisory Commission.
3. If the person responsible for the offense is personal at the service of the Administration, what is established by the legislation of the public function is applied.
4. The competence to resolve the sanctioning procedure at the local level corresponds to the plenary in the case of high positions, and to the corresponding body in accordance with the legislation applicable to local entities in the case of personnel at the service of the local Administration.
5. In the case of the senior positions referred to in article 86. a and of the local elected offices, the proposal for sanction or, where appropriate, the filing of the file must be previously informed by the body referred to in section 2.
6. In the case of public universities, the competent body to resolve the sanctioning procedure is the rector.
7. In the case of the institutions and bodies referred to in article 3.1. b , the competent body to resolve the sanctioning procedure is its holder or the governing governing body.
1. Very serious infractions prescribe after three years; Serious infractions, after two years, and minor infractions, after one year.
2. The penalties for the commission of very serious offenses prescribe after three years; for the commission of serious offenses, after two years, and for the commission of minor infractions, after one year.
The fulfillment of the obligations of transparency established by Title II, the provisions regarding the right of access to the public information established by the title III, the duties derived from the Register of interest groups regulated by Title IV, the obligations remain subject to evaluation and measures of good governance and open government established by the titles V and VI and the application of the system of guarantees established by title VII.
1. The competence to evaluate the fulfillment of this law, in accordance with what determines article 91, corresponds to the Síndic de Greuges.
2. The evaluating body must establish the objective indicators that must serve as a reference to carry out the evaluation task.
3. The evaluation established by this article is understood without prejudice to the internal evaluation of the application of the rules on transparency referred to in article 6.3.
1. The Catalan Ombudsman shall prepare annually and present to Parliament a general report on the evaluation of the application of this law. In the report, the application of the sanctioning regime established by Chapter II of Title VII must be specifically evaluated.
2. The Sindic de Greuges may develop specific evaluation reports in relation to the entities and bodies included in the scope of application of this law or in specific material areas. The specific reports must be delivered to Parliament and, when they are prepared, an audience must be given to the entity or body affected so that it can present allegations, which must be incorporated into the report.
3. The authorities and the personnel at the service of the administrations, entities and bodies included in the scope of application of this law have the duty to collaborate with the Síndic de Greuges in the preparation of the reports of evaluation.
4. The preparation of evaluation reports must be carried out, as appropriate, in accordance with the guidelines or work plan determined by Parliament.
1. The Administration of the Generalitat shall establish a support program for local entities, especially those with fewer resources and technical and operational capacity to apply this law. This program must include financial and financial support, which must be recorded annually in the Budgets of the Generalitat de Catalunya, and technological and legal advice. The Administration of the Generalitat can sign collaboration agreements with the local entities of supralocal area and with the representative associations of the municipalities to achieve the application of the Law in the field of the local entities.
2. The Administration of the Generalitat must provide legal and technological advice to the entities for which the Law establishes specific obligations of transparency for the collection of public funds. The Generalitat shall provide these entities with protocols for the fulfillment of said obligations. Subsidized calls or agreements may provide for specific measures of economic or technical support to be able to carry out these obligations.
3. The Administration of the Generalitat shall provide legal and technological advice to the other institutions and entities required by this law.
The Government must approve a strategic plan for the application of this law and the degree of compliance must be evaluated annually. You must specify the calendar and the budget that is charged to each goal to fulfill. Both the plan and the evaluation of the degree of fulfillment must be published in the Portal of Transparency.
1. The access of the interested parties to the documents of the administrative procedures in process is governed by what determines the legislation on legal regime and administrative procedure.
2. Access to public information in matters that have established a special access regime is regulated by their specific regulations and, as an additional option, by this law.
1. The Administration of the Generalitat shall prepare and approve, within three months of the publication of this law, a specific training program for senior officials and other public servants and other persons required by This law, in relation to the rights and obligations established by this law.
2. The preparation of the program referred to in section 1 must be done in collaboration with the associations of local entities. The specific program for non-profit entities must be done in collaboration with the second and third level entities that are more representative of the sector.
The Portal of Transparency must be in operation and be in full operational condition at the time of entry into force of this law.
The administrations, institutions, entities and bodies included in the scope of application of this law must promote and make the organizational, procedural and internal adaptations that are necessary to adjust their activity and comply with the provisions of this law Law before the said rule enters into force.
1. The Parliament of Catalonia, in accordance with the principle of parliamentary autonomy recognized by Article 58.1 of the Statute of Autonomy, must make changes to the Regulation of Parliament and its governing and governing rules interiors that are necessary to meet the requirements established by this law.
2. For the purpose referred to in section 1, Parliament must:
a) Update and extend the citizen participation procedures in the process of drafting the laws, especially with the use of electronic means, in accordance with the provisions of article 29.4 of the Statute.
b) Establish and regulate a portal of own transparency.
c) Facilitate access to parliamentary documentation and information.
d) Provide information regarding compliance with the obligations of Members and senior officials in relation to incompatibilities, declarations of activities and assets and other obligations and duties related to their statute, as well as their remuneration.
e) Facilitate public access to the curricula of the people proposed to hold public offices whose appointment is the competence of the Parliament.
f) Define and develop the rules of good governance and open government in the parliamentary sphere.
g) Create a register of your own interest groups.
h) Establish a system of own guarantees to ensure compliance with the obligations deriving from this section, which must include at least the creation of a complaint body based on the principles established by chapter IV of Title III .
3. Parliament must make the relevant regulatory adaptations to comply with the provisions of section 2 before the entry into force of this law. The regulation established by Parliament must determine the adaptations that must be derived from the institutional nature of Parliament, which in no case may entail a guarantee regime that is less than that established by this law.
4. Parliament must establish a procedure to consolidate laws that are subject to partial modifications in order to simplify the regulation, improve its quality and contribute to the guarantee of legal certainty. The consolidation procedure must give rise to texts with legal value that will replace and abolish the laws that are the subject of consolidation.
The Guarantee Commission for the Right to Access to Public Information, the Catalan Data Protection Authority and the Access, Documentation and Evaluation Commission must adopt the necessary coordination measures to guarantee a homogeneous application, in their respective fields of action, the principles and the rules on the protection of personal data and access to information. For this purpose, they can establish criteria and application rules.
The head of the department responsible for justice must determine by resolution, within six months, the obligations of transparency established by this law that foundations and associations already comply with their specific legislation. This information must be included in the Portal of Transparency, and foundations and associations are only obligated to indicate that they can be consulted.
For purposes of facilitating the consultation of the information about public procurement, local administrations must inform the Public Registry of Contracts and the Platform for Public Contracting Services of the formal contracts and those that are in tender or in other contractual phases. The Portal of Transparency must facilitate the direct and dynamic consultation of the Registry and the Platform.
The Generalitat and the local administrations shall inform the Registry of Agreements of the Generalitat of all the agreements that they subscribe with public and private persons. The Portal of Transparency must facilitate the direct and dynamic consultation of this record.
In the agreement of Parliament for the first time appointing members of the Guarantee Commission of the Right to Access to Public Information, their remuneration must be set, until the Generalitat Budget Law of Catalonia.
1. They are repealed:
a) Articles 27 and 28 of Law 26/2010, of August 3, on the legal and procedural regime of the public administrations of Catalonia.
b) Articles 19.2.a second and third, 34.1, 2 and 3, and 35.1 and 3 of Law 10/2001, of July 13, of archives and documents.
2. The provisions of equal or inferior rank that are opposed to the one established by this law are repealed.
1. This law has the condition of regulating the rights, obligations and essential guarantees in the matters that it regulates, which are applicable in general to the performance and operation of the Administration.
2. Sector laws must be interpreted in accordance with the provisions of this law. In the case that they establish exceptions with respect to the general regime, these must be explicit and respond to a cause that justifies them.
The Government must prepare and present to Parliament, within a period of six months from the publication of this law in the Official Gazette of the Generalitat de Catalunya , a draft law amending the Law 10/2001 of the July 13, of files and documents, with the purpose of adapting the content to the regime of access to the information and public documents established by this law.
1. The Government is authorized to dictate the necessary provisions to implement and apply this law, without prejudice to the provisions of sections 2 and 3.
2. Local authorities must adopt the normative and executive measures that are necessary to develop this law in accordance with the principle of organizational autonomy.
3. The public universities and the institutions and bodies referred to in article 3.1. b must adopt the organizational and operational measures necessary to apply this law in the areas in which it affects them, in accordance with the provisions of the fourth additional provision, without prejudice to what is determined by the fifth additional provision as regards to the Parliament of Catalonia.
4. The Government must, within six months, approve the regulations for the organization and operation of the Guarantee Commission for the Right to Access to Public Information, in accordance with the provisions of article 41.2. Until the regulation is approved, the general regulations on the governing bodies in force in Catalonia will be applied.
1. This law shall enter into force six months after it has been published in the Official Gazette of the Generalitat de Catalunya , except as determined by sections 2 and 3.
2. Title II enters into force after one year that the Law has been published in the Official Gazette of the Generalitat de Catalunya regarding the entities that make up the local Administration.
3. The Guarantees Committee on the Right to Access to Public Information must be designated within a period of four months from the publication of this law in the Official Gazette of the Generalitat de Catalunya .