Timely access to legislative documents («regulatory footprint») for the effective exercise of the fundamental right to participation and scrutiny in public affairs

Abstract

As the European Ombudsman has rightly warned, the highest standards of transparency must be applied to pre-legislative documents («regulatory footprint»).

In the case of Spain, timely access to the regulatory footprint, especially in ongoing legislative procedures, is linked to the fundamental right of citizens to participate –directly– in public affairs, recognised in article 23.1 of the Constitution.

A case-by-case examination of government decisions on requests for access to the «regulatory footprint» reveals the absence of a consistent practice that respects the democratic principle. The Council for Transparency and Good Governance is developing a definitive criterion regarding access to the documentation that makes up the regulatory files in order to establish a criterion that is valid for all cases of the same nature.