Administrative Litigation of the RTVE Corporation against granting access to information related to expenses in the Eurovision Festival 2016.
ABSTRACT
A citizen submitted a request for access to the information addressed to the RTVE Corporation, which aimed to know all the expenses incurred by RTVE for the participation of Spain in the Eurovision contest of the year 2016, with specific details of the expenses, excluding personal data.
CRTVE did not respond to the request for access and the same citizen filed a complaint with the Council of Transparency and Good Governance (CTBG) for having been denied his request for administrative silence. Once the complaints procedure was opened, the CRTVE indicated that it received the request for access three months after the date indicated by the applicant, so the Claim submitted should be filed, since there has been no administrative silence. Likewise, it maintained that the request for access is repetitive with a previous and abusive one, not justified for the purpose of the Law.
The CTBG considered the Claim submitted and considered in its Resolution that the lapse of 1 month to respond, without cause attributable to the applicant, should be understood as administrative silence denying the request and that it is not repetitive or abusive. However, the execution of the Resolution is suspended until the Judgment is issued in the Contentious Administrative Appeal that the RTVE Corporation filed previously against another request with the same content, referred to Eurovision 2015.
