State of implementation

The Ministry of Foreign Affairs, European Union and Cooperation, prepared the proposal dossier for authorisation to sign the Convention by the Council of Ministers.

On July 6, 2021, the Council of Ministers adopted an Agreement authorizing the signing of the Convention of the Council of Europe on Access to Public Documents -the Convention of Tromsø-.

The Tromsø Convention was signed by the Permanent Representative of Spain to the Council of Europe, on November 23, 2021. As a step prior to the ratification of the Convention, the mandatory opinion of the Council of State on the procedure to be followed for ratification was requested. According to information provided by the Ministry of Foreign Affairs, the ministry in charge of this processing, the opinion was issued on February 24, 2022, and it indicates that the Spanish State has given its consent to be bound by the Convention made in May. Tromsø On June 18, 2009, it requires the prior authorization of the General Courts, by intervening in matters regulated by law in the Spanish legal system (application of Article 94.1.e) of the Constitution.)

The Opinion of the Council of State was evacuated on February 24, 2022, thus removing only the Agreement of the Council of Ministers that will provide for the referral by the Government to the General Courts, for the purposes of Article 94 of the Constitution, prior to the deposit of the instrument of ratification and publication in the BOE. However, on December 5, the Council of Ministers adopted the aforementioned Agreement.

Completed the ratification of the Council of Europe Convention on Access to Public Documents, done in Tromsø on 18 June 2009. Published in the BOE of October 23, 2023,Entered into force in our country on January 1, 2024.