Draft and approve law on transparency (ES0090)

What is the problem/need that is desired to resolve with the commitment? In the Balearic Islands Government, the law that mainly collects questions of transparency on the previous Law 4/2011 of 31 March on good administration and Good Government, and therefore, the basic state law (Law 19/2013 of 9 December, on transparency, access to public information and good governance). Though the transparency policy has been instrumented with these two tools, it is necessary to advance in this subject matter through the approval of a new law that regulates and expands the transparency obligations to improve the accountability that articulates the right of access to information. Likewise, the lack of a sanctioning system represents a weakness in relation to requiring compliance with the aforementioned obligations.

Objectives of the commitment To advance regarding transparency, expanding the commitments in this area and providing legal security through the approval of a law that provides the main questions of Law 19/2013 adapted to our Autonomous Community, also adding a sanctioning system that ensures its adequate compliance.

Brief description of the commitment Approval of an autonomous region law on transparency in development of Law 19/2013 of 9 November on transparency, access to public information and good governance, featuring the participation of the interested agents during the period of public consultation and processing of the hearing.

How does the commitment contribute to solve the problem or cover the need? With the new Law, it will be possible to advance in the obligations of active advertising and establish some questions related to organising the right of access and the development of the proceeding that require being passed into law. Likewise, a sanctioning procedure can be established that reinforces the compliance with said obligations.

Why is the commitment relevant with respect to the values of Open Government? It promotes, strengthens and improves the quality of participation in the public management, allowing the citizenship to participate in making public decisions with the objective of achieving better results and better democratic quality. Given the processing, a prior public consultation will be carried out, and with all of the corresponding participatory proceedings during its processing (hearing and public information), which will allow enriching the debate and having contributions from the citizenship in this respect. It delves deeper into transparency, open data and accountability of Public Administrations through carrying out actions aimed at its improvement and the evaluation of the results of the plans and programmes. A new Law will expand the active advertising obligations, which will improve the accountability and transparency. Likewise, it will refer to the preference for reusable formats and open data. It contributes to building a system of public integrity, strengthening the ethical values and mechanisms to bolster the integrity of the public institutions and reinforce the trust of the citizenship. 214 A new law that reinforces compliance with the active advertising obligations and right of access results in strengthening the trust of the citizenship by reinforcing the commitment towards transparency. It raises awareness among society and civil servants about the values of Open Government, contributing to the fulfilment of the Sustainable Development Goals of the 2030 Agenda in order to advance towards a just, peaceful and inclusive society. The processing of the law will allow disclosing this subject matter to civil servants and the different governing bodies, enabling them to participate. Likewise, after its approval, it will be included in the training plan, which would also contribute to expand the raising of awareness towards the civil servants. The media impact of the approval of the law will also carry the message of transparency in society.

Additional information Activities of the commitment Start date End date Prior public consultation (general lines of the Law) 01/01/2021 30/06/2021 Preparing the draft bill and MAIN draft. 30/06/2021 31/12/2021 Internal consultations, hearing and public information. 31/12/2021 31/03/2022 Final drafting and general secretary report. Mandatory opinions and approval by the Council of the Government. 31/03/2022 30/09/2022 Referral to Parliament of the Balearic Islands and approval 30/09/2022 31/03/2023