ComplianceTransparency and Good Governance in the Public Sector

The Transparency, Access to Public Information and Good Governance Law (Spanish Law 19/2013 of 9 December) states the following as the fundamental pillars for any political action:

• Transparency, through the establishment of active publicity obligations.
• Access to public information, which is regulated as both objective and subjective law with wide scope. 
• Good governance rules, through the establishment of compulsory obligations for public authorities and legal consequences, based on a penalty system, for non-compliance.

With regards to transparency and public information, this Law’s subjective scope applies to:

• All Public Administrations, state-owned enterprises and institutions and corporations governed by public law.
• Trading companies with state participation.
• Foundations from the public sector and associations created by the Administrations. 
• Political parties and privately held institutions funded by over € 100,000 are also subject to the Law.

With regards to good governance, this Law’s subjective scope applies to:

• Senior officials of the Central State Administration and institutions from the state public sector, whether governed by private or public law.
• Senior or assimilated officials from the Autonomous Community and Local Administrations, including the members of the Governance Boards of Local Institutions.

Toda & Nel·lo offer a comprehensive consultancy service to Public Administrations and other affected institutions to aid them in the implementation of mechanisms for transparency, good governance and public information that will fulfil the obligations established by the Law.