ABSTRACT

A citizen submitted a request for access to information addressed to the Ministry of Economy, Industry and Competitiveness to access the draft Code of Good Practice to manage the return of the soil clauses prepared by the Government, not finally approved in the Council of Ministers.

The Ministry refused access on the understanding that the document was an auxiliary or supporting document, since it was an internal document with the character of a preliminary draft or text without the condition of an end.

The Council of Transparency and Good Government considered this complaint, since it is a document of wills, agreements and final criteria of the Ministry. In addition, knowing this agreement, a comparison can be made with the text of the Royal Decree Law 1/2017, of January 20, on urgent consumer protection measures in the field of floor clauses, subsequently approved, and to know how the decisions that affect us are taken or under what criteria our institutions act in a matter of both social impact and the return of the soil clauses.