The access of political representatives to information and the new laws on transparency and access to public information. In particular, their capacity to file claims with the transparency authorities

Abstract

The new public independent authorities in charge of access to information’s claims have adopted conflicting positions on the rules applicable to requests for information made by political representatives and on their own competence to hear complaints they may raise. The right of access to the information of the political representatives cannot have a smaller scope in its substantive, procedural and guarantees content than the one that the new regulation on transparency and access to the information recognizes to any person. The case law of the Supreme Court has consistently affirmed this. It would contribute to legal certainty if this criterion was followed by every new public independent authorities and it was expressly established by a future legislative reform.