Description
This commitment has been submitted to the Open Gov Challenge as part of Spain’s 2025-2029 action plan, under the “Transparency and Access to Information” category (Milestone 2.1.1).
Explore the full action plan: https://www.opengovpartnership.org/documents/spain-action-plan-2025-2029
Background
Law 19/2013, of 9 December, on transparency, access to public information and good governance came into full force one year after its publication in the Official State Gazette (BOE) for the General State Administration (AGE) and two years later for the Autonomous Communities (AC).
Inclusion of the reform of Law 19/2013, of 9 December, on transparency, access to public information and good governance, as one of the initiatives within Commitment 1 (Reform of the Regulatory Framework for Transparency) of the 4th Open Government Plan.
Implementation of part of the planned activities, including: the establishment of a working group within the Open Government Forum; publication of the prior consultation and study of the contributions; commencement of the drafting of the preliminary bill and impact analysis report.
What is the problem/need that the initiative aims to resolve?
1. Reform of the Transparency Act
During the years that Law 19/2013 of 9 December on transparency, access to public information and good governance has been in force, the need has arisen to resolve certain practical problems, clarify certain concepts and adopt new approaches in line with the demands of citizens and public administrations.
The draft bill reflects the work carried out in the previous legislative term in relation to the amendment of Law 19/2013 of 9 December on transparency, access to public information and good governance, which was already the subject of a prior public consultation and preparatory work carried out by a working group set up within the Open Government Forum, which included equal representation from the three administrations and civil society.
2. Improving citizen participation in public affairs
In order to adequately align citizens’ expectations with the results of public action, it is necessary to incorporate their opinions into the development of public policies at an early stage.
It is advisable to systematise the instruments and processes of participation in order to ensure that the potential of citizen contributions to public decision-making is fully exploited.
3. Preventive approach to integrity in public activity through the establishment of a standard of due diligence
The objective is to collect and systematise the principles of good governance and good administration applicable to senior officials, cabinet members with positions of trust and special advisory functions, and public employees, and to establish a standard of due diligence that allows for a preventive approach to strengthening public integrity.
4. Strengthening the prevention of conflicts of interest
The regulatory provisions aim to adapt the conflict of interest regime for senior officials, temporary staff in positions of special trust or political advisory roles, management personnel and public employees of the State. This involves a review of the current regulations in order to establish a new system for preventing conflicts of interest, based on the possibilities for improvement identified in their application and the demands of society.
5. Accountability for government action and administrative activity
The aim is to regulate accountability obligations both in relation to commitments made in parliament and in strategic or operational planning instruments.
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 the exercise of 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 should focus on strengthening the conflict of interest prevention regime and the preventive dimension of integrity, incorporating the recommendations made to this effect by various international organisations, particularly 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 collaboration instruments 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.
How does the initiative contribute to solving the problem or meeting the need?
Moving towards a more open administration that fosters public confidence in public services by promoting transparency, integrity, accountability and participation is one of the primary obligations of public authorities.
The design, adoption and implementation of public policies must take place within this framework and be guided by the general interest, in order to serve as a guarantee of democratic values, the fundamental basis of a social and democratic state governed by the rule of law.
In this regard, it is worth highlighting the National Action Plan (NAP) for Democracy approved by the Council of Ministers on 17 September 2024, which aims to strengthen the main elements of our rule of law, combat the risks faced by democracies and provide Spanish society with more tools and power to evaluate the actions of public authorities. This facilitates the task of citizens in evaluating the actions of public authorities and implements and expands on the recommendations adopted by the European Commission in 2020 and 2023.
In line with our goal of making our democracy more transparent and accountable, the State Plan to Combat Corruption, approved by the Council of Ministers on 26 August 2025, aims to prevent and combat corruption by strengthening controls, increasing transparency and improving efficiency in public management. The Plan has been drawn up in accordance with the recommendations of the Council of Europe’s Group of States against Corruption (GRECO), the OECD and the European Commission. It also incorporates valuable contributions from civil society, through joint work with the Open Government Forum, and from experts from the OECD’s Anti-Corruption and Integrity Division.
Finally, on 21 July 2025, the Minister for Digital Transformation and the Civil Service presented the Consensus for Open Government strategy, whose roadmap should, among other objectives, enable more proactive public services and generate greater public confidence. The Consensus for an Open Administration document can be consulted at ar una mayor confianza de la ciudadanía. El documento de Consenso por una Administración Abierta puede consultarse en https://digital.gob.es/content/dam/portal-mtdfp/consenso-por-una-administraci%C3%B3n-abierta/CONSENSO_POR_UNA_ADMINISTRACION_ABIERTA.pdf.
Relevance to open government values
Transparency is one of the essential pillars of open government, through society’s scrutiny of public information.