Strengthening of the strategic and legal regime (ES0115)

2.1.1. Open Administration Act

Brief description

A coherent and ambitious regulatory approach is proposed that integrates the different dimensions of open government into a single draft bill: transparency, integrity, public participation and accountability.

Objectives

1. Strengthening transparency in terms of active publicity and exercising the right of access. The improvement of the regulatory framework applicable to transparency in public activity is aimed at consolidating the progress made over more than a decade of implementation of Law 19/2013, of 9 December, on Transparency, Access to Public Information and Good Governance, the integration of the necessary adaptations to ensure compliance with the Council of Europe Convention on Access to Public Documents ratified by Spain on 27 September 2023 (Instrument of ratification of the Council of Europe Convention on Access to Public Documents, done at Tromsø on 18 June 2009, BOE 23 October 2023), and the incorporation of the bases for reform agreed by the working group set up within the Open Government Forum in compliance with the commitment reflected in the 4th Open Government Plan.
2. Consolidate a culture of public integrity. In terms of public integrity, the principles of good governance and good administration that govern the conduct of senior officials, cabinet members with special advisory functions, senior management and public employees must be projected onto the strengthening of the conflict of interest prevention regime and the preventive dimension of integrity, incorporating the recommendations made to this effect by various international organisations, especially those derived from the evaluation rounds of the Council of Europe's Group of States against Corruption.
3. Encourage public participation. The regulation of citizen participation in public affairs and collaboration with civil society organisations at the state level is based on the administration's duty to promote it. At the same time, the spectrum of public decisions in which it must be encouraged is broadened, without prejudice to the provisions of the Constitution, electoral legislation, Law 39/2015 of 1 October on Common Administrative Procedure for Public Administrations, in relation to participation in the drafting of regulations through prior consultation and public hearings and information, as well as the mechanisms established by various sectoral laws. The instruments of collaboration already created, such as the Open Government Sectoral Commission and the Open Government Forum, are regulated, and new mechanisms and tools are established to channel the participation of individuals and legal entities in public decisions, with an inclusive approach.
4. Ensuring accountability. The objective of the provisions relating to accountability at the state level is to regulate the way in which information is implemented, both in relation to commitments made in parliament or in strategic planning instruments, and in relation to operational planning that is monitored by the general inspectorates of services
5. Implement effective governance and ensure regulatory compliance. The regulation also sets as primary objectives the guarantee of regulatory compliance and the strengthening of a governance
framework that ensures the effective implementation of the commitments made.

2.1.2. Reform of the Official Secrets Act

Brief description

Adapt Law 9/1968, of 5 April, on official secrets, to update it and bring it into line with the best standards of legislation in neighbouring democratic countries. The reform of the Official Secrets Act involves greater harmonisation of our legislation, combining national security with the right to information and transparency.

Objectives

Adapting the Official Secrets Act to Spain's current democratic reality, bringing it into line with the best standards of legislation in neighbouring democratic countries, achieving greater harmonisation of our legislation, and combining national security with the right to information and transparency. Similarly, this reform also involves complying with one of the recommendations made in the Report on the Rule of Law in recent years, in its chapter on Spain"

2.1.3. Archives Act

Brief description

The Archives Act aims to update and adjust other sectoral regulations and serve as a framework for other provisions of the various public administrations in the field of archives and document management.

Objectives

• To serve as a regulatory framework.
• Improve the definition of procedures associated with archives and document management, both in traditional and electronic formats.
• Ensure the preservation and dissemination of documentary heritage."

2.1.4. Reform of the LOREG for electoral debates

Brief description

Amend Organic Law 5/1985, of 19 June, on the General Electoral System, in relation to the regulation of electoral debates between candidates (Article 66).

Objectives

In view of the problem outlined above, one of the objectives is to strengthen electoral regulations in relation to the establishment of the obligation to hold electoral debates between candidates (Article 66 LOREG)."

2.1.5. Open Government Strategy

Brief description

Spain wishes to undergo an Open Government Study in the field of General State Administration, carried out by an external, independent partner with recognised international experience. This analysis will provide the country with useful tools to advance the reform of the central administration through the design of an Open Government Strategy that integrates synergies with key initiatives already underway, such as the 5th Open Government Plan, the Open Administration Bill, the General State Administration Integrity System, as well as other complementary processes deemed relevant. The development of this strategy will help to strengthen Spain's position as an international benchmark in Open Government, consolidating its commitment to a more transparent, participatory, honest and citizen-oriented administration.

Objectives

• Analyse the current state of Open Government in Spain through an external evaluation (reports prepared by independent experts, peer reviews, etc.), incorporating the views of the main civil society actors involved in the field of Open Government.
• Collect recommendations aimed at: - Provide useful tools to advance the reform of the General State Administration, promoting the effective implementation of Open Government in all areas and at all levels. - Consolidate the Open Government ecosystem and the future Open Administration in Spain as a structural and sustainable policy. - Strengthen synergies between the various existing initiatives related to Open Government, ensuring a comprehensive and coordinated vision.
• Design an Open Government Strategy for the General State Administration that brings coherence and strategic direction to the currently scattered set of actions, consolidating a solid, articulated and long-term public policy.
• Identify and systematise good practices and lessons learned, facilitating their dissemination at national and international level. This work will make it possible to establish comparisons with other Member States and to gain a more accurate understanding of Spain's position in the field of Open Government, as well as to highlight its strengths and identify areas for improvement.
• Strengthen Spain's role as an international benchmark in Open Government, actively contributing to the strengthening of democracy, institutional transparency and citizen participation at the global level.