El derecho a obtener información pública y su garantía de acceso a la jurisdicción
In the present work, a study is made of the legal regulation of the right of access to public information as well as the administrative procedure for its exercise, to discover some aspects of its current regulation that could prevent or restrictively condition its jurisdictional protection, with an...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8893668 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 32, 2022, pags. 74-148 |
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| Summary: |
In the present work, a study is made of the legal regulation of the right of access to public information as well as the administrative procedure for its exercise, to discover some aspects of its current regulation that could prevent or restrictively condition its jurisdictional protection, with an eventual affectation to the constitutional right to effective judicial protection of art. 24 CE in its modality of access to jurisdiction and correct appointment of the ordinary judge. As a result of this analysis, certain modifications are suggested, both in Law 19/2013, of December 9, on transparency, access to public information and good governance and in Law 29/1998, of July 13, regulating the contentious-administrative jurisdiction. These modifications are particularly opportune due to the forthcoming ratification by the Spanish State of Convention 205 of the Council of Europe on Access to Public Documents and the commitments to modify the LTAIPBG assumed by Spain face to the UN in its IV Open Government Plan (2020-2024) |
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