Law 19/2013 on transparency, access to public information and good governance gives the Presidency of the Council broad responsibilities in the governance of the institution and in decision-making. Its functions are regulated in the article 38 of this norm and in Article 13 of the Council Statute. Among other issues:
It has the legal and institutional representation of the Council.
It adopts criteria for the uniform interpretation of the obligations contained in the Transparency, Access to Public Information and Good Governance Act and approves, following a report by the Transparency and Good Governance Commission, guidelines, recommendations or guidelines regarding their correct application.
It ensures compliance with the active advertising obligations of the Administrations.
It is aware of the claims that are presented against the express or presumed denial of the right to access to information.
It responds to queries that, on an optional basis, may be submitted to it by the bodies responsible for processing and resolving requests for access to information.
He appears before Congress at least annually to report and report on the Council’s activity. It prepares and proposes to the Committee on Transparency and Good Governance, for approval, the draft annual report of the agency.
It proposes, following a report by the Committee on Transparency and Good Governance, amendments to the legislation of legal or regulatory status that regulates the matters of competence of the Council.
He chairs the meetings of the Committee on Transparency and Good Governance.
Approves the preliminary draft budget, the inventory of the Council ' s assets and rights and the agency ' s annual accounts.
It is the agency’s contracting body, approves expenses and orders payments; it is accountable.
Enter into agreements with public and private entities.
He exercises the leadership of the staff, approving the proposals of job relations and convening and resolving the processes of job provision, among other functions.
Resolves appeals against the acts and decisions adopted in matters within its competence.
They are detailed in the article 22 of the Council Statute. Among others, the General Subdirectorate of Transparency and Good Governance:
Supervises compliance with the obligations of active publicity established by Law 19/2013 on Transparency, Access to Public Information and Good Governance in chapter II of its title I. To do this, it evaluates whether the obligated subjects publish ex officio the relevant information to which they are obligated. These evaluations, which contain specific recommendations for improvement for each entity, are published on the Board’s website, and the main data are reflected in the agency’s annual report.
It monitors compliance with the resolutions issued by the Council in the complaint procedures guaranteeing the right of access to public information and publishes quarterly the results of this monitoring on the Council's website.
It processes all the questions and consultations that are put to it in relation to the issues of transparency and good governance.
It hears complaints of breaches of active publicity by organs and bodies of the General Administration of the State and the State Public Sector.
It proposes to the Presidency of the Council the adoption of criteria for uniform interpretation of the provisions on active advertising laid down in the LTAIBG.
They are established in the article 23 the Statute of the Council:
It processes the procedure of the claim provided for in article 24 of Law 19/2013 against the resolutions issued by the General Administration of the State and the State public sector regarding the right of access to public information and elaborates the corresponding proposals for resolutions.
It proposes to the Presidency of the Council the adoption of criteria for uniform interpretation of the provisions on the right of access to public information laid down in the Transparency Act.
It deals with consultations on the application of the provisions regulating the right of access to public information that may, on an optional basis, be submitted to the Council.
It carries out all the necessary tasks and procedures derived from the administrative litigation appeals against the resolutions of the Council at State level, relating to the judicial bodies, the State Legal Service and the defence and legal representation services that assist the Council.
They are specified in the article 24 of the Council Statute.
It deals with complaints about access to public information that are submitted to the autonomous and local administrations and the entities of their public sectors in those autonomous communities that have attributed to the Council, through the corresponding agreement, the exercise of this competence, in accordance with the provisions of the fourth additional provision of Law 19/2013, of 9 December, on transparency, access to public information and good governance. It prepares the corresponding motions for resolutions with regard to the claims.
It manages the corresponding agreements with the autonomous communities and their technical monitoring committee.
It carries out all the necessary tasks and procedures derived from the administrative litigation resources against the resolutions of the Council at regional and local level, relating to the judicial bodies, the State Attorney’s Office and the defence and legal representation services that assist the Council.
The General Secretariat is responsible for the management of common and administrative services. Its functions are established in the article 25 of the Council Statute. Among others:
It manages human resources, develops the list of jobs, is responsible for personnel selection processes, social action management and training, under the supervision of the Presidency.
It manages the Council's material resources and is responsible for the internal system, general affairs and the coordination and inspection of the Council's facilities and services.
It deals with the economic, financial and patrimonial management of the Council, the preparation of the preliminary draft of the annual budget and the processing of its modifications; the budgetary management of income and expenses and the treasury of the Council. It also processes the recruitment files and prepares the agency’s annual accounts.
It coordinates the actions and provision of services in the field of information and communication technologies, the electronic headquarters and the web.
