The right to access information of city councilors

Abstract

The constitutional right to access information –both for private citizens and city councilors– has been strengthened in recent years thanks to Law 19/2014, of 29 December, on Transparency, Access to Information and Good Government. Before 2014, this right was regulated in general terms by Law 32/1992, of 26 November, on Public Administrations and General Administrative Procedure and, in relation to local governments, by State and Autonomous Communities legislation on local law. However, a narrow and literal interpretation of the new legal framework has led to impose more limitations to the right to access information for city councilors than private citizens. It must be highlighted that city councilors are at the same time private citizens and, therefore, they have double legitimacy. Moreover, there have been malpractices in the exercise of this right by the individuals in charge of making it effective. These malpractices have been contested and neutralized by courts. In this context, this article analyzes the current health of the right to access information in light of the new legal framework and the recent case law developments.

Keywords:

public participation, political participation, ius in officium, right to access information, information and reports, files and registers, direct access and authorized access, positive silence, reutilization, control, confidentiality duty, right to obtain copies