Skip Navigation
Spain

Publish all information related to drafting regulations (ES0099)

Overview

At-a-Glance

Action Plan: Spain Action Plan 2020-2024

Action Plan Cycle: 2020

Status:

Institutions

Lead Institution: Ministry of Transparency, Land Planning and Exterior Actions (Directorate General of Transparency and Good Governance). Castilla y León Regional Government.

Support Institution(s): Other actors involved (Public) Secretaries General of the various ministries (indirectly, all subjects that issue documents or content that are generated throughout the procedure of approving standards) Other actors involved (Civil Society) Civil society in general (through the statements they make in the different consultation procedures, hearings or public information of the standard approval procedure)

Policy Areas

Democratizing Decision-Making, Local Commitments, Regulatory Governance, Sustainable Development Goals

IRM Review

IRM Report: Spain Action Plan Review 2020-2024

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Ambition (see definition): Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

What is the problem/need that is desired to resolve with the commitment? One of the reasons that makes this public transparency project logical is to reveal how regulatory decisions are made within the public institutions, given that they are translated into mandates that must be complied with by the entire citizenship. This way, it guarantees that the decisions are more justified and explained, and the citizenship can participate in the debate and discussion of the standards that must be observed. It has been proven that the publication of content related to the regulatory records is very poor given that both the state and autonomous region transparency regulation are not demanding in this aspect (article 7 b) to e) of Law 19/2013 of 9 December). In addition, the scarce existing documentation about these process is scattered throughout different web spaces (open government Website, Consultative Council, Courts of Castilla y León, etc.) and in non‐ reusable and universally inaccessible formats, which makes it difficult not only to locate the documents, but also access to them.

Objectives of the commitment To disclose to society in a more simple and accessible manner how decisions are made, what interests come into play, what opinions and proposals have weight in the final decision and promoting participation in the process of approving the regulations that are required of everyone.

Brief description of the commitment To public in one single space, in an integrated manner and in an accessible format all documents that are generated in the process of drafting the standard, from the prior public consultation, including the briefings, drafts, reports and opinions to the proceedings of hearings, statements and response to the statements.

How does the commitment contribute to solve the problem or cover the need? Traditionally, the processes of drafting regulations have been very opaque and have come outside the view of the citizenship. Sharing the documents that are generated throughout the process allows knowing who influences in the regulatory decisions that will be of obligatory compliance for everyone, encourage society's participation in composing the laws that will regulate the relations between the citizenship and the public power, and advise scopes of improvement to the proposal of the different actors intervening in the process.

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. The publication of the documents generated throughout the procedure allows the citizenship to express themselves while also getting to know how the regulation is founded that will govern their rights and obligations. 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. The regulatory decisions should be justified and explains, and also known by the citizenship. This will ensure that they are more reasonable, increasing the predictability of the public decisions. 236 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. By the citizenship knowing the regulatory decision‐making process, it will improve trust in the public powers. 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 regulatory processes should be participatory. The access to information generated in these processes promotes the participation and awareness raising among society that the standards that are approved are the rules of conduct that society gives itself.

Additional information In principle, there is no cost associated with this action, given that it will be carried out with the own resources of the Directorate General of Transparency and Good Governance, and those of each one of the other secretaries general. The human and technological resources already exist. The footprint regulations will be enabled in the "regulations" section of the "transparency" chapter of the open government Website.

Activities of the commitment Start date End date Approval of the improvement plan of the 2019‐2020 regulation Processing of a Governing Council agreement that contains the creation of the footprint regulations as one of the improvement measures of the regulations for the 2019‐ 2023 period 01/01/2020 to 30/06/2020 01/01/2020 to 30/06/2020 Approval of the guidelines for forming the footprint regulations It is the responsibility of the Directorate General of Transparency and Good Governance to dictate the guidelines to create the space where the accessible documents are published that are generated throughout the regulatory procedure 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Preparation of the transparency Website for the publication of the footprint and training of the publishing units A structured web space will be created with a description of the types of documents that should be incorporated, with the intention that the publication is carried out in a decentralised but also supervised manner. It will train the secretaries general in the management of these documents 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Implementation of the footprint regulations Start of the document management of the regulatory records in the open government Website 01/01/2021 to 30/06/2021 01/01/2021 to 30/06/2021


Commitments

Open Government Partnership