情報公開法は独立した監視を持っています
理事は、地方自治体の悪政制裁を放棄
The Transparency Act will have an independent monitor
The Executive waives misrule sanction of local authorities
Claves para una ley polémica
La Ley de Transparencia tendrá un supervisor independiente
El Ejecutivo renuncia a sancionar el malgobierno de las Administraciones locales
El País Madrid 30 MAY 2013 - 13:03 CET
Keys to a controversial law
The Transparency Act will have an independent monitor
The Executive waives misrule sanction of local authorities
The Country Madrid 30 MAY 2013 - 13:03 CET
The Government approved the draft Transparency Act 10 months ago with changes to the original draft and has since undergone most changes and up to eight amendments to the text that Congress filed Thursday. The latest changes, in order to ensure that the parliamentary groups that had submitted amendments to withdraw the whole, have been announced by the Deputy Prime Minister, Soraya Saenz de Santamaria, during this debate. These are some of the keys to this rule:
Independence of the controller.
Opposition parties like Left Plural and Joint UPyD proposed amendments to the entire statute, not believing that the State Agency Transparency Policy Evaluation and Quality of Services under the Ministry of Finance and Public Administration and a person chosen by the government in front of her, was the last responsible for applying sanctions to organizations that may violate the law.
Santamaria announced Thursday that the guard finally independent law. Will the so-called Independent Supervisory Board elected by "absolute majority". He also stated that the new law will affect any organization that receives public funding, but is ignored at what percentage. With this change, the government lime some rough edges, but there are more points of friction with the opposition yet to be resolved before the bill is finally adopted.
Removal of mayors.
The Act includes a chapter describing the ethical principles that shall govern the administration, especially in economic matters, and creates the crime of concealment of invoices or accounting data distortion.
The Government provided in this chapter that the mayors who do not fulfill their obligation or incurring any of these offenses may be punished or dismissed by the Ministry of Finance. CiU and PNV had tabled amendments to the entire text concerned about the invasion of local and regional competitions. They have finally decided to withdraw after the government has decided to tweak that point. "We will not see the need for individual responsibility as a source of interference by governments in other staff," said Santamaria. He then added that the Budgetary Stability Law has "imposed" new obligations on the government, but the citizens' demand also a responsibility on an individual level. "
moreThe government meets opposition with independent guardian of the lawThe opposition claims total autonomy supervisor Transparency ActRajoy announces rectified and that the parties shall be subject to the Transparency ActTreasury claims the power to remove those who violate adjustment plansLa Casa del Rey yield first publicly accountable for all expensesThe Transparency Act uncover part of the accounts of the Church
Citizens' access to information.
It is one of the pillars of the law. Provides that any citizen may request any information "that has been developed or acquired in the exercise of their public functions, provided they do not affect national security, defense, foreign affairs, public safety or the prevention, investigation and punishment of criminal offenses, administrative or disciplinary proceedings. " The law excluded certain cases, such as to endanger the equality of parties in court proceedings, confidentiality or intellectual property, which raises desconfiazna. "One should be refused information affecting national security and personal privacy," said Socialist spokesman Thursday Meritxell Batet. The King's House, also stayed out, but this point was modified.
Casa del Rey.
The inclusion of the Crown is one of the key aspects. The draft law not even included, and the King's House bills never made public until last December 28, 2011, when the scandal revealed a Urdangarin case. La Casa del Rey announced on April 4 that was two months negotiating with the Government for inclusion in the law, although this had opposed when requested by the opposition. The next problem was the intent that was under a special scheme, which reject most parliamentary groups.
Once approved the law, detailing expenses so far were public, as the cost of travel, the Royal Guard, official vehicles or maintenance of palaces. "The King's House will have the same scrutiny as Congress, the Senate and the Court of Auditors," said Thursday Saenz de Santamaria. You are not required to explain in detail how King spent his remuneration but will match you with the reviews that are under Congress, Senate and the Court of Auditors.
Inclusion of the Church.
It is one of the obstacles to overcome and an issue for most of the groups that no amendments have been asked in the debate on the amendments to the whole. The Church will be included in the law, but the revelation of their accounts will not be total, but likely will be subject to a special regime. "The law is designed for Administrations under administrative law, and transparency criteria apply to other entities require study and define it very well because they are institutions that are subject to civil law," the vice president in April justified.
The church itself will have to account for funds received from the State, but are difficult to pinpoint because they are scattered in several games. The groups ask that the religious institution, as a private organization supported by public money, are subject to the same regime that administrations.
Activity administrations and political parties.
Management will need to publish information concerning all its activities, its guidelines, its regulations, awarding contracts, agreements, grants received, their budgets and their remuneration. Political parties were not bound, in principle, to make its accounts public, as they were not considered public administrations. Last February, the Prime Minister, Mariano Rajoy, the PP rectified announced this intention, beset by recent corruption scandals, especially in the case Barcenas. It also applies to other institutions such as the Bank of Spain. Political parties, trade unions, employers will not have to give explanations of its meetings but their accounts if they receive public money.
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