Appeal for access to the decisions of the Central Economic Administrative Court (TEAC)
SUMMARY
The TEAC received a request for access to information regarding access to all of the resolutions issued by that body, since 2004, including individual votes. The request was not answered and the interested party filed a complaint with the Council of Transparency and Good Governance. In its resolution, the Council understood that the resolutions of the TEAC “represent an interpretation of the law and that, therefore, their knowledge, in addition to guaranteeing the transparency of their activity, provides legal security to citizens in their relations with that body.” However, it clarified that the LTAIBG specifies that this legal information must be published to the extent that it implies an interpretation of the law, precisely because of its nature as an interpretative doctrine, and so it would also seem consistent with the provisions of the Law that a resolution that implies an interpretation of the law must be published to the extent that this interpretation signifies a change or novelty with respect to the previous situation, for example, because it contains an interpretation that differs in some sense from the previous ones, laying down new criteria, or that takes into account new elements not present so far. Based on this argument, it was concluded that the search engine provided by the TEAC and available on the web through which the most relevant doctrine can be accessed, is in accordance with the provisions of the norm.