State of implementation

The IV Open Government Plan 2020-2024 includes a first block of commitments grouped around the axis of transparency and accountability that addresses, first of all, the reform of the regulatory framework. This commitment includes three actions: the reform of Law 19/2013, of 9 December, on transparency, access to public information and good governance, the ratification of the Convention of the Council of Europe on access to public documents and the approval of the Regulation of Law 19/2013, of 9 December.

As established in the Fourth Plan, the reform of Law 19/2013, of 9 December, the scope of which should be outlined in the consultation and public hearing processes, aims to deepen the issues most demanded by citizens such as the extension of active publicity obligations, the maximum guarantees in the exercise of the right of access and in the activity of the guarantor bodies and the promotion of citizen participation in public affairs.

The process of reform of Law 19/2013, of 9 December, began on 28 January 2022 with the constitution within the transparency and accountability working group of the Open Government Forum, of the subgroup working for the reform of the Transparency Law, starting the work on the same date.This work, which revolves around debates on the entire structure of the Law, is at a very advanced stage, and is expected to end at the end of 2022 with a large number of elements of consensus on the reform of the Law that, together with the process of consultation and public hearing provided for in the corresponding regulations on the subject, will allow the preparation of the preliminary draft of the new Transparency Law.

On the occasion of the mid-term evaluation that is being carried out of the Fourth Plan, some commitments will be reviewed and in relation to this activity it has been seen that to the extent that the approval of the draft of the reform of the Transparency Law initially foreseen in the Fourth Plan necessarily conditions the regulatory development that was decided by the Council of State, and in view of the progress made on the reform of the Law in which some aspects incorporated in the draft of the draft regulation may not be compatible with the elements of consensus proposed by the working subgroup for the reform of the Law, the decision has been taken to propose to the Forum of Government not open.