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Functions and principles

Functions

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The functions of the Council of Transparency and Good Government  are set forth in article 38 of the Law on Transparency, Access to Public Information and Good Governance(Abre en nueva ventana) and in article 3 of Royal Decree 919/2014, of October 31, by which approves the Statute of the Council of Transparency and Good Governance(Abre en nueva ventana)

  • Adopting recommendations to improve compliance with the obligations outlined in the  Law on Transparency, Access to Public Information and Good Governance.
  • Providing advice in relation to transparency, access to public information and good governance.
  • Providing mandatory reports within the drafting of State regulations enacting the Law on Transparency, Access to Public Information and Good Governance, or that are linked to its objective.
  • Evaluating the degree of application of the  Law on Transparency, Access to Public Information and Good Governance. To this end, on an annual basis, it draws up a report that includes information on compliance with the envisaged obligations that is presented to Parliament.
  • Promoting the drawing up of draft recommendations, guidelines and rules of good practice with regards to access to information, transparency and good governance.
  • Promoting  training and awareness-raising activities to improve understanding of the areas regulated by the Law on Transparency, Access to Public Information and Good Governance.
  • Collaborating  with bodies of a similar nature in the areas with which it is concerned. It undertakes any other functions assigned to it by a regulation or law.

Principles

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  • The Council for Transparency and Good Governance boasts its own legal status and full capacity to act. It acts with full autonomy and independence when fulfilling its objectives.
  • The President of the Council for Transparency and Good Governance  performs this role with the utmost commitment, full independence and complete objectivity. The President is not subject to any imperative mandate and does not receive instructions from any authority.

Transparency

  • The resolutions of the Council, subsequent to notification and the removal of any personal data, will be published on its website and on the Transparency Portal.
  • The summary of the Council's annual report will be published in the Official State Gazette, with particular emphasis on the degree of compliance,  on the part of the Administration, with the provisions of the Law on Transparency, Access to Public Information and Good Governance.

Citizen participation

  • The Council, via the channels for participation that it will set up, will collaborate with citizens in order to improve the performance of its duties and to encourage compliance with regulations governing transparency and good governance.

Accountability

  • On an annual basis, the Council for Transparency and Good Governance will present a report to Parliament on the development of its activities and the degree of compliance with the stipulations of this Law.
  • The President of the Council for Transparency and Good Governance will appear before the corresponding Committee to account for the report, appearing as many times as he or she is summoned.

Collaboration

  • The Council for Transparency and Good Governance will periodically convene meetings, at least once a year, with the representatives of regional bodies undertaking similar functions to the Council.
  • The Council will enter into collaboration agreements with Autonomous Regions and Local Authorities in order to resolve complaints that arise in the face of express or presumed refusal of the right to access.
  • Furthermore, it will enter into collaboration agreements with Public Administrations, social organisations, universities, training centres and any other national or international body undertaking activities linked to good governance and transparency.

Operation

  • The information held by the Council for Transparency and Good Governance will adhere to the principle of accessibility, particular with regards to individuals with any form of disability.
  • The information disseminated by the Council will adhere to the National Interoperability Framework, approved via Royal Decree 4/2010, of 8 January, and to the technical regulations of interoperability.
  • Insofar as possible, Council information will be published in formats that enable reuse.

 

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