Spanish Journal of Transparency <p>The Spanish Journal of Transparency is a digital publication of international scope that serves the dissemination, analysis and debate around transparency, but also to related fields such as collaboration and participation in the framework of Open Government and Good Governance .</p> Asociación Española de Profesionales e Investigadores de la Transparencia (ACREDITRA) en-US Spanish Journal of Transparency 2444-2607 <p>The Spanish Journal of Transparency is committed to free access and unrestricted use of its information and digital resources. The open access policy is materialized in:</p> <ul> <li class="show">Free, free and universal access.</li> <li class="show">The authors and the Journal grant any potential user the right to use, copy or distribute the content in an unlimited and irrevocable manner, with the sole condition of recognizing the authorship.</li> <li class="show">The electronic documents corresponding to the content of the Journal are included in digital format to allow free access.</li> </ul> Editorial <p>Editorial. Issue number 10.</p> Luis Alberto Gálvez Muñoz ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 11 12 Malaga declaration 2019 <p>The so-called ‘Malaga Declaration’ is a wake-up call about the need to continue the progress in transparency and denounce the existing and new barriers that prevent the work of the agencies of guarantee.&nbsp; The Declaration has been jointly formulated by the Spanish Transparency Councils and Commissioners and has the accession of 33 civil society entities. The first Declaration of these characteristics was made in Cádiz in 2018 within the framework of the III International Congress of Transparency.</p> Revista Española de la Transparencia RET ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 13 18 Violations related to the exercise of the right of access to public information <p>The sanctioning regime can fulfill, if properly configured, a complementary role in guaranteeing the exercise of the right of access to public information. But, as it is shown in this article, instead of typifying the direct action of denying the right, it is more operative to focus on the formal obligations that the obligated subjects must fulfill and, above all, on guaranteeing against them the capital position of the independent organs.</p> Severiano Fernández Ramos ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 19 30 Transparency in Spanish Parliament in light of the recommendations of the GRECO (Group of states against corruption) <p>In this article, the main recommendations about transparency that GRECO has addressed to Spain will be analysed. Specifically, focus will be put on the recommendations addressed to Spanish Parliament (Congress of Deputies and Senate). Recommendations, the results of a number of compliance reports on the topic, and the main amendments made in our country about transparency will be scrutinized focusing on one aspect that deserved a positive comment in the last interim compliance GRECO’s report: The Code of conduct of the members of Congress.</p> José Carlos Nieto Jiménez ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 31 47 The first administrative prosecution file initiated by breach of the Andalusia public transparency law <p>The Council of Transparency an Data Protection of Andalusia, in accordance with its powers, urged the opening of a sanction file for breach of Law 1/2014, of June 24, on Public Transparency of Andalusia. The procedure regulated in Title VI of said norm will be explained, by which said initation was urged after the resolution in which the breach of the obligation of active publicity of the Government of the Junta de Andalucia was declared, according to the complaint filed by a political group with representation in the Parliament of Andalusia. Likewise, the processing of said disciplinary proceedings by the Junta de Andalucia will be analized.</p> María Teresa Ruiz-Sillero Bernal ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 49 64 Citizen participation and urbanism: from principles to implementation <p>Citizen participation in urban planning has gone from identifying with the mandatory process of public information to having autonomy in the different laws, differentiating two interrelated issues but each with its own nationality: public information and citizen participation.</p> <p>Citizenship becomes a fundamental element in the shaping of urban models, actively participating in their definition. New technologies, transparency, governance and awareness of the value and asset of citizenship, aware of the weaknesses and opportunities of its people or city, become a reality that some laws have come with Urban. From the mere enunciation as principles, in recent times concrete criteria and mechanisms aimed at achieving an effective and real involvement of citizens in the definition of the town or city in which they aspire to live begin to be implemented.</p> Esther Rando Burgos ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 65 96 Citizen participation in the environmental assessment of territorial illegalities <p>Citizen participation through public consultation, environmental assessment and legal treatment of massive irregularities with respect to those that have prescribed the actions of discipline, are phenomena destined to be linked if we consider that the time has come for the various regions of Spain are carrying out the more or less definitive regularization of territorial illegalities that have been devastating their territory and their landscape for several decades.</p> Eva María Gamero Ruiz ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 97 112 New avenues for credibility building <p>Over the past years, citizens trust in institutions has been damaged, both in Spain and abroad. When diagnosing the grounds of such a situation, one question stands out conspicuously: Could we imagine new sources of reputation and prestige, other than those heretofore taken into consideration?</p> <p>In this work, new possibilities of credibility foundation are provided so as to regain lost ground. These proposals are intended to be an addition, instead of a replacement, of the trust building arrangements still in use.</p> <p>An implementation of the approach and the work methodology suggested herein demands unavoidably to build bridges that are sparsely travelled in Spain, in particular, the blending of specific categories of private organizations, in terms of theory and practice, with those categories belonging to public organizations, both in their political and administrative sphere.</p> Paz de Torres Felipe Gómez-Pallete ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 113 127 Two examples of claudican transparency <p>Transparency has to make its way and outline itself as a right in terms of equality with others already recognized in our legal system. When it comes to delivering to citizens documents that constitute public information, many times interpretations are made, or norms are approved, not very close to the principle of proportionality, in which the limits to transparency end up prevailing, at the expense of the public interest that it represents.</p> <p>This article develops this idea by critically commenting assumptions that transparency yields for the benefit of data protection or classified matters. These are really very different matters, but in which, in the author's opinion, the greatest problems that transparency has raised are currently focused on occupying the space that, as a right of democratic deepening, corresponds to it: in the first case, by the influence of European Union Law and the entry into force of the new Data Protection Regulation and, in the second case, by the existence in Spain of a law on official secrets that should accommodate current times.</p> Carlos María Rodríguez Sánchez ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 129 150 Transparency in the web pages of parliaments according to the type of regime <p>Online transparency and new technologies are on the agenda today. However, there are few studies that focus on online transparency in non-democratic or Hybrid regimes. Therefore, in this article we will try to study transparency in the web pages of parliaments depending on the type of regime to which they belong. For this we will use the case of the Maghreb, developing a list of variables through the example of the Spanish Senate. We will study these variables, in the types of transparency they represent, and we will analyze which and which do not appear in Algeria, Tunisia and Morocco, in order to know if the type of political regime influences the online transparency of their parliaments.</p> Carlos José Aguilar García ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 151 175 Public works electronic registration system and its contribution to transparency and accountability <p>The search for capable and modern governments has meant that public administrations have to use the tools and build capacities to comply their mission. Within these tools are Electronic Government and Open Government, current trends in public administration, different but at the same time complementary, since technology has facilitated open government processes, which requires instruments, and in the present work we propose the use of the electronic registration system called Electronic Logbook of Public Works Monitoring to contribute to the processes of transparency and telematic accountability. To exemplify these contributions, the use of the Logbook in the road sector in the state of Oaxaca will be taken as a reference.</p> Christian Cruz-Meléndez Araceli Pinacho Rios ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 177 214 VILLORIA, M. 2019. Combatir la corrupción <p>Review of the book ‘Combating corruption’ Manuel Villoria, published in 2019.</p> Pedro Martín Páez Bimos ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 215 219 REVERTE, F.M. 2019. El poder de la ciudadanía: derechos de asociación y participación <p>Review of the book “El Poder de la Ciudadanía”, Francisco Manuel Reverte, published in 2019.</p> Manuel Tovar Arce ##submission.copyrightStatement## 2020-03-12 2020-03-12 10 221 226