The following report is justified in the request of the Municipal Group PSOE in the City Council to be Algete I refer all mayoral decrees had been adopted from a specified date until the date of the letter of request. Something that is denegaod by the Mayor of the City of Algete reference to Article 42 of Royal Decree 2568/1986 of the Rules of Organization and Functioning Legal System local entities.
I leave my legal report:
This report attempts to set out the irregularity of the claim, who exert the greatest representation of the municipal government, wants to limit access to information that by law the council hold and control function control of governing bodies:
"Political pluralism, which is higher in our legal system involved, usually the reins of government and administration of the local authority is in the hands of the representatives of community, while the rest should be devoted to control this action government, in a work called opposition. For its proper exercise is obvious that the representative will need to be well informed, so you can make an effective performance of their duties, pleasing and citizens who have placed their trust. Thus entitled to participate in public affairs which will become fundamental through Article 23 of the Constitution, " Iñaki Sanchez, Legal News (1999).
English Constitution:
Article 23.
1. Citizens have the right to participate in public affairs directly or through representatives, freely elected in periodic elections by universal suffrage.
The first standard that specifically regulates this right is found in the art. 77 of the LBRL. Its intention is clear, "All members of local government are entitled to have the mayor or president or the government commission few records, data or information held by the corporation and that are required for the development of its function .
Art. 77 of the LBRL necessarily complements, and gives content to the art. 20 LBRL establishing the compulsory participation of councilors in the preparatory bodies to the full and making it viable for control and monitoring function of the organs of government, with access to information, a right essential to fleshing out the roles of political opposition groups and to protect our system.
then transcribe the three articles of ROF we consider essential to determine the extent of the right to information held by council in the exercise of their functions within local authorities:
Article 14.
1. All members of the local governments are entitled to have the Mayor or the President or the Committee on Government how many records, data or information held by the services of the Corporation and that are required for the development of its function.
2. The request for access to information be considered granted by administrative silence if the President or the Government Commission issued no decision or refusal is in agreement within five days, counting from the date of application.
3. In any case, denial of access to information documents will be made through a resolution or agreement motivated.
Article 15.
Notwithstanding the Item No. 1 above , administrative services Retailers will be required to provide information without the member of the Corporation authorized to be credited in the following cases: 1.When
concerning access of the members of the Corporation who hold offices or management responsibilities, the information pertaining to them. 2.When
concerning access of any member of the Corporation, information and documents relating to the matters that have to be treated by the collegiate bodies that are members, as well as the resolutions or resolutions adopted by any municipal body . 3.When
concerning access of the members of the Corporation to information or documentation of the local authority that are freely accessible to the public.
Article 16.
1. Consultation and concrete examination of the records, books and documents in general is governed by the following rules:
The general consultation of any record or paper trail can be done either in the general file or in the unit where you are, either by deliver them or copy to interested member of the Corporation for inspection in the office or rooms reserved for members of the Corporation. The issuance of copies is limited to the cases cited by the council free access to information and where this is expressly permitted by President of the Commission of Government.
In no case records, books or records be removed from the provincial town hall or palace, or the corresponding departments and offices.
Consulting the minute books and books of orders of the President must be on file or in the general secretariat.
The review of files for session will be considered only where they are apparent from the call.
2. In the case as provided for in paragraph a) of the previous number, and for purposes of appropriate administrative control, the applicant must sign a receipt and shall be required to return the record or records within a maximum of forty-eight hours or less, depending on the needs of processing the file in question.
3. Corporation members have a duty to maintain confidentiality regarding the information furnished to them to enable the development of their role, notably of which have been prepared as background for decisions that are still awaiting adoption and to prevent the reproduction of the documentation provided that may assist them, in original or copy, for your study.
Before proceeding we must clarify two key issues in the issue try:
1 - You can not make restrictive interpretations that lead to consider the council in the same position for access to information that the system regulates and protects citizens. The right to information as a councilman is also the right as a citizen.
2 - The system regulates access to information documents, reports or data files on which has not yet resulted in a resolution. Otherwise, the order is clear: free access without formality.
The procedure for access to information is governed by the provisions of art. 14 that in summary states request the mayor in writing or orally, who if he decides to also orally, it shall request the clerk to place on record the response. The deadline is 5 calendar days and not be refused access to information without a reasoned decision.
Based on the information provided must conclude therefore that:
1. The written request and specific decrees municipality is properly conducted by the Municipal Group PSOE in the City of Algete.
2. The response by Mayor denying itself access to this data was adjusted for time and manner as prescribed by our system: 5 calendar days with a reasoned decision.
3. The mayor decrees are considered valid from its signature.
4. The mayor decrees can not be regarded as pending actions and therefore can not be refused access.
5. Art. ROF 42 of the mayor referenced applies to the obligations of the Mayor with respect to the House, but can not be used as justification for limiting access to information of the council of the municipal corporation.
6. Consideration of ordinances and acts in force has resolved to understand that does not require or even request for access and that should be in possession of the city clerk, it must allow free access without reasonable request.
repeated sentences have considered this act as a violation of fundamental rights of the council, including the English Constitution, and has protection of both the criminal and the administrative system.
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