Draft and approve law on transparency and right to information (ES0138)
Overview
At-a-Glance
Action Plan: Spain Action Plan 2020-2024
Action Plan Cycle: 2020
Status: Active
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
Access to Information, Legislation & Regulation, Open Data, Public Participation, Regulatory Governance, Right to Information, Subnational, Sustainable Development GoalsDescription
What is the problem/need that is desired to resolve with the commitment? With the approval in 2012 of the Open Government. Model by Agreement 17/2012 of 8 March of the Castilla y León Regional Government, the autonomous region government started its journey in the opening and dissemination of public information and the implementation of new channels for citizen participation in making decisions in advance of the approval of the basic state regulation on transparency. Law 3/2015 of 4 March on Transparency and Citizen Participation of Castilla y León offered regulatory coverage to this process, albeit with a very reduced impact as a result of a timid promotion of active advertising and the right of access to public information and leaving out very significant actors in this Autonomous Region, such as local entities. In addition, it would not be a mistake to state that in the overall context of the autonomous region initiatives to develop the basic state regulations on transparency, the law has proven to be a standard that has not responded as hoped to the demands and requirements of society. With this background, the future law cannot face the important and growing challenges of our times in terms of the design and implementation of a true transparency policy at the autonomous region level, which involves everyone, while compromising in any way, in order to continue strengthening democracy and the functioning of the institutions, improve the lives of the citizenship and of course, serve to also promote the growth and development of our land. These are some of the purposes this law strives for. It also strives to promote citizen participation thanks to better access to information, which will make it possible to have a greater active and responsible presence of society in the collective affairs, and the improved efficiency in public management by showing its results at the scrutiny of everyone.
Objectives of the commitment To approve a new law on transparency, access to public information and its reuse in order to advance towards a greater openness of public information to the citizenship and a real and more effective accountability
Brief description of the commitment Achieving the commitment involves the processing of a new regulatory initiative, which implies from the writing the drafts of the initial texts, proceedings of citizen participation, hearing and public information, to the parliamentary approval of a regulation and its publication
How does the commitment contribute to solve the problem or cover the need? It is necessary to approve a demanding standard that is in accordance with the current times in order to achieve the objectives that we are proposing: elevate the demands of active advertising, incorporate new subjects obliged by law, improve the exercising of the right of access, removing unnecessary obstacles and promoting the policy of reuse of public information. At the same time, the initiative incorporates a sanctionary regime that until now has not existed, in order to de‐incentivise violating it.
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. 234 The approval of this standard will allow getting to know public management better in order to thus guarantee the accountability, access all content that are necessary to promote citizen participation, and in brief, make possible the right to know and understand what happens in the public "office". 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 proposals of the future initiative include achieving a better active advertising, a right of access to public information that features fewer obstacles and an open data policy that is free of charge, without restrictions and by default. 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. Without being an initiative directed toward improving public integrity (in this legislation, these are being promoted with this specific objective, like the creation of an agency to fight against fraud and whistleblower protection), it allows for a greater public scrutiny of the public management through active advertising and the right of access guarantees greater integrity and avoiding corrupt and irregular practises. 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 initiative is directly linked to SDG 16, strengthens democracy and the participation of everyone in the management of public affairs.
Additional information Activities of the commitment Start date End date Prior consultation Processing of public consultation on the objectives that the future standard strives for in order to create a draft of the standard 01/07/2019 to 31/12/2019 01/07/2019 to 31/12/2019 Preparing the draft bill and impact analysis report of the regulatory impact Drafting of the text and report that accompanies it where the impacts that could be created are assessed, both internal and external to the organisation itself 01/01/2020 to 30/06/2020 01/01/2020 to 30/06/2020 Processing of the hearing, citizen participation and public information Subjecting the text to the critical judgement of other authorities and society as a whole 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Mandatory reports on processing the approval of the standard Request for reports on the legality, budgets and those of different natures through which the standard must pass 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Approval of the legal project Approval of the project by the governing council of the Community for it to be referred to the Courts for parliamentary processing 01/01/2021 to 30/06/2021 01/01/2021 to 30/06/2021 Parliamentary processing of the legal project Processing of the project in the Courts of Castilla y León 01/01/2021 to 30/06/2021 01/01/2021 to 30/06/2021 Approval and publication of the law Approval of the text in the Courts of Castilla y León and its publication both in the Official Gazette of the Autonomous Community and in the Official Gazette of the State 01/07/2021 to 31/12/2021 01/07/2021 to 31/12/2021
Commitments
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Reform laws related to transparency and access to information
ES0044, 2020, Access to Information
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Establish transparency certification system for public and private institutions
ES0045, 2020, E-Government
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Improve central government's transparency website
ES0046, 2020, E-Government
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Incorporate EU direction on open public sector data
ES0047, 2020, Access to Information
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Increase publication of budget and public contracting information
ES0048, 2020, Anti-Corruption
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Open data related to training of civil servants
ES0049, 2020, Access to Information
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Improve access to information in Business Registry
ES0050, 2020, E-Government
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Promote citizen participation in public affairs
ES0051, 2020, Capacity Building
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Improve traceability of regulatory draft and approval processes
ES0052, 2020, Capacity Building
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Diagnose and strengthen public integrity systems
ES0053, 2020, Anti-Corruption
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Establish law regarding lobbying transparency
ES0054, 2020, Anti-Corruption
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Reform law regarding conflicts of interest
ES0055, 2020, Anti-Corruption
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Identify and encourage ethical uses of artificial intelligence within public sector
ES0056, 2020, Automated Decision-Making
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Establish legal whistleblower protections
ES0057, 2020, Anti-Corruption
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Provide open government training to public
ES0058, 2020, Capacity Building
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Prepare guide on open government
ES0059, 2020, Sustainable Development Goals
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Provide professional training and materials for women in rural communities
ES0060, 2020, Capacity Building
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Implement and evaluate open government training for civil servants
ES0061, 2020, Capacity Building
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Disseminate information and raise awareness of open government principles
ES0062, 2020, E-Government
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Promote research on open government principles
ES0065, 2020, Capacity Building
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Disseminate research on open government principles
ES0066, 2020, E-Government
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Observatory of Open Government
ES0067, 2020, E-Government
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Create Observatory of best open government practices in Spain
ES0068, 2020, E-Government
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Creation of a Committee of Patients and Users
ES0069, 2020, Health
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Incorporate patient associations in developing Clinical Practise Guides
ES0070, 2020, Health
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Incorporate patient associations in new working groups
ES0071, 2020, Health
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Increase participation of Roma People in health policy
ES0072, 2020, Health
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Prevent and manage health supply problems
ES0073, 2020, Health
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Publish data regarding adverse reactions to medications
ES0074, 2020, E-Government
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Publish open data for the Spanish Tourism Quality System
ES0075, 2020, Access to Information
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Extend access to digital infrastructure
ES0076, 2020, Infrastructure & Transport
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Promote integration of open geographic data
ES0077, 2020, Access to Information
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Publish significant data regarding housing sector
ES0078, 2020, E-Government
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Promote citizen participation in debating the Safe, Sustainable and Connected Mobility Strategy
ES0079, 2020, E-Government
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Create website for open climate data
ES0080, 2020, Access to Information
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Create Open Registry of Climate Information of Spain (RAICES)
ES0081, 2020, Access to Information
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Regulate citizen collaboration on meterology
ES0082, 2020, Environment and Climate
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Facilitate public participation in marine NATURA 2000 NETWORK
ES0083, 2020, Environment and Climate
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Open participation process regarding MeteoAlerta plan
ES0084, 2020, Environment and Climate
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Modify decree on State Council for the Natural Heritage and Biodiversity
ES0085, 2020, Environment and Climate
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Establish mechanisms to reconsider coastal governance
ES0086, 2020, Environment and Climate
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Increase public participation in coastal protection strategies
ES0087, 2020, Environment and Climate
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Increase access to and comprehension of legal knowledge
ES0088, 2020, E-Government
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Establish channels for citizens to propose research topics to Sociological Research Centre
ES0089, 2020, Public Participation
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Publish information related to financing and performance of science and innovation
ES0090, 2020, E-Government
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Publish information regarding Aneca accreditation process
ES0091, 2020, Education
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Promote participation of university community in regulatory design processes
ES0092, 2020, E-Government
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Publish mandate commitments to allow for social auditing
ES0093, 2020, E-Government
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Encourage citizen participation through online platform
ES0094, 2020, Capacity Building
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Create citizen Monitoring Space for anti-corruption strategy
ES0095, 2020, Anti-Corruption
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Publish open data to promote gender equality policies
ES0096, 2020, Access to Information
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Develop regulation for evaluating public service quality
ES0097, 2020, Legislation & Regulation
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Draft Institutional Integrity Framework Programme
ES0098, 2020, Anti-Corruption
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Develop and monitor ICSS platform for citizen feedback and information requests
ES0099, 2020, Access to Information
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Offer electronic administrative services and channels for citizen participation
ES0100, 2020, E-Government
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Improve transparency and accessiblity of open government website
ES0101, 2020, E-Government
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Implement open government training plan for civil servants
ES0102, 2020, Capacity Building
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Publish data on Open Data Website
ES0103, 2020, Access to Information
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Draft Strategic Transparency Plan
ES0104, 2020, Capacity Building
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Draft citizen participation law
ES0105, 2020, Legislation & Regulation
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Draft code of ethics for administration
ES0106, 2020, Anti-Corruption
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Improve public access to transparency and open data websites
ES0107, 2020, Access to Information
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Create catalogue of public information for transparency and open data websites
ES0108, 2020, Access to Information
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Strengthen institutional integrity of Murcia region
ES0109, 2020, Anti-Corruption
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Promote youth participation in designing public policies
ES0110, 2020, E-Government
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Preparation and implementation of a Valencian strategy of open data
ES0111, 2020, Access to Information
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Promote citizen participation in developing budgets
ES0112, 2020, E-Government
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Strengthen institutional integrity in Valencia
ES0113, 2020, Anti-Corruption
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Increase citizen participation in designing public services
ES0114, 2020, Public Participation
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Ensure greater accessibility in participating in public decisions
ES0115, 2020, E-Government
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Improve youth participation in Aragón
ES0116, 2020, Capacity Building
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Increase democratic innovation and participation through LAAAB Space
ES0117, 2020, E-Government
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Improve citizen participation in drafting public policies
ES0118, 2020, E-Government
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Develop transparency training course for civil servants
ES0119, 2020, Access to Information
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Centralize open data catalogues through website
ES0120, 2020, Access to Information
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Create Canary Islands Network of Open Government
ES0121, 2020, Subnational
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Publish and encourage use of open data
ES0122, 2020, Access to Information
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Encourage participation of children and teens in Navarra
ES0123, 2020, Capacity Building
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Streamline processing of right to information requests
ES0124, 2020, Access to Information
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Create citizen laboratories for improving public services
ES0125, 2020, E-Government
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Implement electronic processing of conflict of interest reporting
ES0126, 2020, Anti-Corruption
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Open participation channels for citizen evaluation of public services
ES0127, 2020, Capacity Building
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Analyze and simplify regulations on open government
ES0128, 2020, Regulatory Governance
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Training for civil servants on open government principles
ES0129, 2020, Capacity Building
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Draft and approve law on transparency
ES0130, 2020, Access to Information
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Draft and approve regulations regarding transparency and right to information
ES0131, 2020, Access to Information
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Design online platform for local citizen participation
ES0132, 2020, E-Government
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Design and implement public hearings for matters of general interest
ES0133, 2020, Public Participation
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Implement indicators to evaluate public policy
ES0134, 2020, E-Government
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Design tools to improve transparency website
ES0135, 2020, Capacity Building
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Ensure clear and transparent communication to citizens
ES0136, 2020, Capacity Building
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Create online catalogue of public information
ES0137, 2020, E-Government
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Draft and approve law on transparency and right to information
ES0138, 2020, Access to Information
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Publish all information related to drafting regulations
ES0139, 2020, E-Government
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Update design of transparency website
ES0140, 2020, E-Government
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Approve regulation related to transparency and open government
ES0141, 2020, Legislation & Regulation
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Training for civil servants on open government principles
ES0142, 2020, Capacity Building
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Raise awareness among civil society on participating in transparency efforts
ES0143, 2020, Subnational
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Promote commitment of youth in citizen participation
ES0144, 2020, Fiscal Openness
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Create plan to strengthen the Network of Local Entities in Transparency and Participation
ES0145, 2020, Anti-Corruption
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Creation of an Open Government Forum
ES0024, 2017, Public Participation
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Sectoral Commision on Open Government
ES0025, 2017, Capacity Building
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Local Authorities for Transparency and Citizen Participation
ES0026, 2017, Access to Information
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Open Government Initiatives Abroad
ES0027, 2017, Anti-Corruption
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Participatory Web Space on Open Government
ES0028, 2017, Capacity Building
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Observatory on Participation
ES0029, 2017, Capacity Building
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Participatory Budgeting
ES0030, 2017, E-Government
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Young People in Public Policies
ES0031, 2017, Capacity Building
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Transparency Portal and the Right of Access
ES0032, 2017, Access to Information
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Information Disclosure Program and Its Reuse
ES0033, 2017, Access to Information
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Citizen’S Folder
ES0034, 2017, E-Government
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ARCHIVE System
ES0035, 2017, Access to Information
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Regulations for the Transparency Law
ES0036, 2017, Access to Information
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Expand Economic-Financial Center
ES0037, 2017, Access to Information
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Coordination of the Cadastre and the Land Registry
ES0038, 2017, Capacity Building
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Information on Gender-Based Violence
ES0039, 2017, Gender
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Training of Public Employees
ES0040, 2017, Capacity Building
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Awareness-Raising and Training of Civil Society
ES0041, 2017, Capacity Building
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Education in Open Government
ES0042, 2017, Capacity Building
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Open Justice in Spain
ES0043, 2017, Access to Information
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Transparency Portal
ES0014, 2014, Access to Information
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Spanish Archives Portal, PARES
ES0015, 2014, E-Government
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Open Education Resources
ES0016, 2014, Education
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Accessibility of National Health System Microdata
ES0017, 2014, Access to Information
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Access to and Re-Use of Geographic Information
ES0018, 2014, Public Participation
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Programmes on Opening up Information and Its Re-Use in the Public Sector
ES0019, 2014, Access to Information
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Portal of the Administration of Justice
ES0020, 2014, Access to Information
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Greater Control and Transparency in Public Grants
ES0021, 2014, Civic Space
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Creation of the Spanish Council on Drug Dependence
ES0022, 2014, Health
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Increased Participation of Sector Stakeholders in Defining the Goals of the National Maritime Rescue Plans.
ES0023, 2014, Environment and Climate
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Law on Transparency, Access to Public Information and Good Governance
ES0001, 2012, Access to Information
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Transparency and Accountability in the Official Development Assistance
ES0002, 2012, Aid
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Law of Budgetary Stability and Financial Sustainability
ES0003, 2012, Fiscal Openness
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Law Reform Grants
ES0004, 2012, Civic Space
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E-Justice
ES0005, 2012, E-Government
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Promotion of Social Networks to Facilitate Citizen Participation
ES0006, 2012, E-Government
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Publication of Statistical Data on Crime
ES0007, 2012, E-Government
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Review and Regulatory Simplification
ES0008, 2012, Legislation & Regulation
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E-Health
ES0009, 2012, Health
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RED System
ES0010, 2012, E-Government
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Streamlining Environmental Assessment Procedures
ES0011, 2012, Anti-Corruption
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Streamlining Procedures for Business Creation
ES0012, 2012, E-Government
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Reduction of Administrative Burdens for Farmers and Ranchers
ES0013, 2012, Subnational