¿Tienen los parlamentarios autonómicos catalanes derecho al acceso directo a la información que obra en poder de una entidad local?

Abstract

Has a member of the Catalan Parliament the right of direct access to the information held by a local entity? Or, more widely, can the legislative assembly of an Autonomous Community control other Public Administrations that are not, strictly speaking, integrated into the Autonomous Community Administration itself? Being well aware that there is not a functional dependence between both territorial administrations, first this article determines the scope of the parliamentary oversight. Second, it analyses the regulation of the Catalan Parliament regarding individual requests for information and also requests for an appearances before the commissions in order to determine whether or not exists a legal basis for these requests and the obligation to give a response. In the light of the legal framework, the article considers that this obligation is embedded within the scope of the political relations and, taking into account the lack of regulation in this regard, the right of access to the information held by local entities depends on the manner in which these entities understand the principle of institutional loyalty.

Keywords:

legislative assembly of an Autonomous Community, local entities, political accountability, request of information, appearances