Page 311

Revista_IEEE_13

311 Semester journal of the IEEE Review request, to public documents in the possession of public authorities. 2) Each Party shall take the necessary measures within its judicial code to assure compliance with the provisions on access to public documents set forth in this Agreement. 3) These measures shall have been adopted by each Party, at the latest, at the time when this Agreement comes into force.” At greater length, note should be taken of Article 3 of the aforementioned Agreement regulating the “Possible limits on access to public documents”, establishing that “!) Each Party may limit the right of access to public documents. Limits must be set forth in a law, be necessary in a democratic society and have as their objective the protection of: a) National Security, Defense and international relations; b) public security; c) prevention, investiga-tion and processing of criminal activities; d) disciplinary research; e) inspection, control and supervision by public authorities; f ) privacy and other legitimate private interests; g) economic and commercial interests; h) State policies regarding exchange rates as well as monetary and economic policy; i) equality of the Parties in judicial proceedings and the efficient administration of justice; j) the environment; k) deliberations within or among public authorities regarding the examination of a matter. In addition, it is expressly estab-lished that “2) Access to the information contained in an official document may be refused if it may, or probably may, damage the interests aforementioned in Paragraph 1, unless there exists a public interest which prevails in such revelation”. In the Spanish judicial code it may be observed that the Spanish Constitution dedicates a precept to the right of access to public information in its Article 105.b). Beyond all doubt, this right constitutes a judicial guarantee for the public with respect to the actions of public powers. In development of this provision, Article 37 of the repealed Law 30/1992, dated 26 November, of the Judicial Regime, regarding the Ju-dicial Regime of Public Administrations and the Common Administrative Procedure, incorporated the aforementioned right into the contents of said Article. Along these lines, the current Law 39/2015 dated 1 October, on Common Administrative Proce-dure of Public Administrations, has regulated rights of persons in their relationship with Public Administrations and in its Article 13 foresees “d) access to public informa-tion, archives and registers, in accord with that set forth in Law 19/2013 dated 9 December, on transparency, access to public information and good governance, and the remainder of the Judicial Code.” However, the concrete legal form of this right and its guarantees were consolidated with the passing of Law 19/2013, dated 9 December, on transparency, access to public information and good governance (henceforth, LTRAPIGG – Law of Transparency, Access to Public Information and Good Governance) the Spanish Acronym – LTAIP-BG – Ley de Transparencia, Acceso a la Información Pública y Buen Gobierno, as well as the Autonomous regulations approved in this regard. As a starting point, it should be noted that the LTRAPIGG was constructed as a law of the bases which increase and reinforce transparency in public activity—articulated through obligations of ac-tive publicity on the part of public Administrations and entities—and recognizes and guarantees the right of access to information—regulated as a right of broad objective and subjective scope granted to persons in order to request and obtain public infor-mation— within the terms of Article 105.b) of the Spanish Constitution and under the conditions set forth in the laws on transparency. Revista del Instituto Español de Estudios Estratégicos n.º 13 - Año: 2019 - Págs.: 307 a 328


Revista_IEEE_13
To see the actual publication please follow the link above